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96-32_1_Redacted
��r��� ® .r,OMPLETE THIS SECTIONON DELIVERY ■ Complete items•I , 2, and 3. Also complete' A. sig e , item $ if Restricted Delivery is desired. /J ❑ Agent ■ Prinf your name.and address on the reverse X / �w O Addressee so that we can return the card to you. B. ecetved Pn. Name C. Date of Delivery ■ Attach this card to the back of the mailpiece, / .L ,/) /�` ,Uv nr nn thn frnnt if epneP_ parmifs, ////// lU 6 1. Article Addressed to: D. Is delivery address different from item 17 ❑ Yes If YES, enter del Eaddress �e1�t Op No MS TRACY HINSON SEP 07 2016 LLOYD HINSON SAND & GRAVEL INC 3. Service Type LHIVU UUHLI I Y - 12395TEVENSMILLROAD _�,,,_A „!,gl�� r, �n,�r`l /, r /,,, pt'�� � Urunw mar' ,. • rnwny nrau o Plu b GOLDSBORO NC 27530 ORegistered �ReturnReceiptforMerchandise �- ❑ Insured Mail Collect on Delivery 4. Restricted Delivery? (Extra Fee) I] Yes 2. Article Number 015 0640 0007 9832 8488 (Transfer from service fabeo PS, Form 3811 , July 2013 Domestic Return Receipt V'30 ^ 140 r: UNITED STATE}POS�Tg4VICE First Class Mail Postage & Fees Paid US I "ER '16 Permit No. G-10 • Sende: Pfease print your name, address, and ZIP+4® in this box• NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES ' DIVISION OF ENERGY, MINERAL ;AND LAND RESOURCES LAND QUALITY SECTION 1612 MAIL SERVICE CENTER RALEIGH NC 27699-1612 'II' Jill Illi'ili "k 'i'ilnllliir ' rfli'iklknllillll'Irlll' iih i ROY COOPER MICHAEL S.. REGAN REGAN Kra aT,emr Energy, Mineral& TRACY DAVIS Lond Resources DI ENVIRONMENTAL OVALITY December 1, 2017 Allen Barnhill Barnhill Contracting Company PO Box 7948 Rocky Mount, NC 27804 RE'. Mining Permit No. 96-32 Whitfield Hwy 55 East Mine Wayne County Dear Allen Barnhill: 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 to 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 S400 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 $50lmonth 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 $1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations remains with you. Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy Werner, Assistant State Mining Specialist, or me at (919) 707-9220. Sincerely, �/// William "Toby" Vinson, Jr., PE, GPM Interim Director, DEMLR Sen,of Norhl Carolina I EnvlmnntI Quality I EnI Mineral and Land/legain Les 512N_$:Js6urY krce[ N12WIISer"Lm Cenlw IflalegM1.TbnM1Camllna2M49-lep VI9TO 930a Rodgers, Ashley From: Rodgers, Ashley Sent: Tuesday, January 17, 2012 12:17 PM To: 'cchill@sen ndunn.com' Subject: Rex Whitfield Bond Release Attachments: D00031411.pdf Chavonne, Please see attached and let me know if you need anything else. Thanks, Ashley Rodgers Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (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. i i 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 17, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1300 0000 1125 28B2 Mr. Rex S. Whitfield 347 Highway 403 East Mount Olive, North Carolina 28365 RE: Permit No. 96-32 Whitfield Highway 55 East Mine Wayne County Meuse River Basin - Dear Mr. Whitfield: Your request to have Mining Permit No. 96-32 transferred in its entirety from you to Barnhill Contracting Company has been approved. As Barnhill Contracting Company currently has a blanket bond in an amount sufficient to cover the present operation, you are hereby released from further responsibility for this site with respect to The Mining Act of 1971, Therefore, I am returning your $13,100.00 Surety Bond No. SB304 696 to you for your disposal. Thank you for your cooperation in this matter. Sincerely, h I Jan Boyer, PE u State Mining Specialist Land Quality Section JSB/jvv Enclosure cc: Mr Pat McClain, PE Mr. William Gerringer-DOL, Mine and Quarry Bureau File i 1612 Mail Service Center,Raleigh,North Carolina 27699-1612 • Telephone 919-7334574 f FAX:919-733-2876 512 North Salisbury Street,Raleigh,Norm Carolina,27604•ImemeChllp11vnvw.dlr.enr.stale.nc.uslpagesAendquBlkysedionhanl 4 Equal Opp PUP I Alflmmllve Action Employer-50%Recydod110%Post Consumer Paper North Carolina Department of Environment and Natural Bran;CTjVZD Dmsion of Land Resonrces, Land Quality Section MINE INSPECTION REPORT W " 2911 1. MINE NAME �i////rFiC!o /l+l� SSE S11451 2. mRzNG PERMIT # `3/6 --z f 3. UPratATUK W///Tr/C/D 4. COUNTY /11,1WZ S. ADDRESS %t/J` ,l/Wi40-3 M57, MT. 19ZIVC, A/C Z9364;- 6. PERMIT EXPIRATION DATE .3-//J- Zo// 7. RIVER BASIN /✓' 8. Person(s) contacted at site �14 04/L D/ti'�l//E 9. Was mine operating at time of inspection? ❑ Yes +® No 10. Pictures? ❑ Yes •a] No 11. Date last inspected: Z /Z' 12011 12. Any mining since last inspection? ❑ Yes •D No 13. Is the mine in compliance with the Operating Conditions of the Permit? (] Yes . E No If no. =lam; 0./' # 1- : iXYnlir A,o0X)r) 1e P.F7WECh] wlil-I'FirLb dt hlAOC lP NIIC9 Rf I`IARK{'.D. 14. Is the mine m compliance with the Reclamation Conditions of the Permit? 171 Yes ❑ No Tr 15. Did any of the above deficiencies result in offsite damage? ❑ Yes 12 No if yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken / ?k?n/7 P,auNLy]R`/ &7GviCN 6y/1/7 ,rCO - alur/C P/7 JV11_5T &1Z 17. Other rece®mendations and comments: /N:la'i/io,✓ ry T.,,,�/,�r �/ J%'i r/r /z 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) O Not Reviewed 19. Follow-up inspection needed? ❑ Yes O No Proposed date —1—/ 20. No. of additional) pages of Inspection Report 21- Copy oof/ /F°Report sent to operator�l H�.O 2a4 INSPECTED BY: lI%/4w /%n-uw�, VFi. / & VAff DATE y l(date) lzo Telephone No'. (zf1 1 %k,k/V White copy to file Yellow ropy m operomT Pink copy m Mtntng Spetialiv 10197 North Carolina Department of Environment and Natural Resources, Mvision of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMEMD MINE) " f L M1NE NAME W1117FiF/D bivY r'r r/ts7 M"f2. MINIING PERMIT # pK, - 50 3. OPERATOR Ot' 5. Wif 11 E'Lrb 4. COUNTY N/AyNE 5. ADDRESS ?11'7 HAIV 410 rAS1. /141' /L/l/( . NG 6. PERMIT EXPIRATION DATE 3-lrf-20/y 7, RIVER BASIN NEuSE 8. Person(s) contacted at site No 0�r Oys, 7F 9. Was mine operating at time of inspection? ❑ Yes OO No 10. Pictures? 0 Yes ❑ No 11. Date last inspected: „) / 4 /2oro 12. Any mining since last inspection? ❑ Yes O No 13. Is the mine in compliance with the Operating Conditions of the Permit? O Yes . 0 No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ® No I .. ...y.�... I /Ilr,VF Fh>"r�rh5'S- rY71 yt T! E/FlS 7-7/77 T. r.-ivn 77 S!Eirn— ?trttoMt}-ti0),I A Plr ARCH ANI3 �1oi�is / S 'Prr✓crtz . 15. Did any of the above deficiencies result in offsite damage? ❑ Yes M No If yes, describe the type and severity of the damage: MAR 07 7311 16. Corrective measures needed and/or taken: I I + ccrnnni � 17. Other recommendations and comments: '/G" - rY12Sr n� AIMIIn/F /S /Vo i IWI)1�4/vrli'. NlF//SF /anvA iG- j >a oN 7/-ff 2e)lo AFK• 18. Is the Amoral Reclamation Report+/-map accurate? ❑ Yes ❑ No (Explain) S Not Reviewed WPen r/r _ hl/45 l�7 Vr7 Prr/Evrb Zo/u .4T/Z, 19. Follow-up inspection needed? ❑ Yes 2 No Proposed date / 20. No. of additional pages of Inspection Report. 21. Copy of Report sent to operator 2 /IY/T011. date INSPECTED BY: k164G,�..-- M --� Q' U DATE Z IZ5,/a •t1 I Telephone No: (752 ) 94/6- /. M White copy to fde Yellow copy to operator Pink copy w MWng Spenalw 10197 � l SENDER: DELIVERY ■ Complete items 1 , 2, and 3. Also complete A- Si um { Rem 4 If Restricted Delivery Is desired. ❑ Agent ■ Print your name and address on the reverse X • ❑ Addressee so that we can return the card to you. wed by{ tinted a C. Date of Delivery ■ Attach this card to the back of the mailplece, //e�+�t� /P(J _ /j�• - t nr tin }hn fmnf if anon nar itc F,l�.— / -/ .1 K) .., .... .,... ,...,.. .. ..,.»_.. �_......_. ry _ 1. Article Addressed to: D• Is dellve address difteFeni from Item 19 ❑ yes IfyyES7enter tlelWery address below: ❑ No - MAY 23 2011 Mr. Rex S. Whitfield _„ ccr.Slt�N 347 Highway 403 East 1VlU W1L V1ivGr rvv. u. .,w v.,.... N,Certlfled Mall O Express Mall PCJ Registered �o`etum Receipt for Merchandise ❑ Insured Mall Lp c.O.D. 4. Restricted Delivery? (Extra Fee) ❑ yes 2. Article Number 7008 1300 0000 1125 2882 bel)(Pansfer from service la 1 i i r , i . r ' PS Form 3811 , February 2004 Domestic Return Receipt 1025e5-02-tit-IW UNITED STATES POSTAL SERVICE FJfsl-Class.Mail sL OAST.P. 4gepta5.e�-B,.Fe@statH • Sender: Please print your name, addresT'and ZrP*4dn1tKi1 box Division of Land Resources DENR - Land Quality Section 1612 Mail Service Ccnter Raleigh, NC 27699-1612 1lfl!�IH !�f��li �i11lI! �Hlii41!��i iiif l�li�! 11l�!!'!1lflll!!I c3 r CLYW A. WILLIAMS IINY._ 55 EAST -a„_ _ 3,.M11VE-'1 (;LAMA'I'KIN- PLAN J p r a _ _- t ma° Rt Nam cammA / / ) �.J / PFINIW:NO. W-m / �J / off PRk is. im I / [� 11 ER.1bNIC SCNE I AREA. MODIFICAl1ON AREA ... ., (y,�yl�� IIM_GiN/iF/fbU 6'lI 14.95 A DCRES IOIAL �.F. ^ 6lYaE-A-IMAIR ,YIILt1A05 R % 11.11MT AftES" /r' 1AVY �vv�.til ((' / t y /. NY$11 vJr _ / y 0 oil I t 9f RIEIu �', Iq° _ 1J S x°SS^„"' ccP R19 It } k1 Ely,- Mm,�(�I ARE A 1_ NtlBERI L. MORR50N Op QTO tuJ1S ( Ia )A WIFE PROPERTYCtI fly/ dP h1 4'.:t mJVS }r . . Ip 19k' . . „ •I ,�a4✓/ aS rnvr Ya \ E�� Qti W,.,m'I 8 giG I E%I51. PERMIIIED ARIA , reryie",.1. , °Rs AVA, ILD HW.CRE5 „^U I S WxHF1EID HWY. 35 Fn51 MINE p \n y` M^ „m ~ 6 v AREAl S d J:. . gym' "vyVV, L n./P w• (m —` ,.gym . IVA PI AI .. HENRY J. WORRELL �+ • J -- _ !l '^'QYf;AI' 0 ennn'un PROPERTY'., n/ItvY secylon b ,n , m A4R 1 u F a LAND QUALITY SECTION Budget No#: 1524� Date Redd: 10/3/2000� Operator IREX 5.WHITFIELD Type Security: ISURM Bank 1PENINSYLVANIA NATIONAL MUTUAL INSURANCE CO City: 1GREENSBORC Debit: q13,100.00 Credit Date Released: V 17 l�J Permit No#: 96-32 Comments: INCREASED FROM $11,800 TO$13,100 ON 3/19/08 Received by: 1 1^I Date: i o Released by: r 1 1 1 1(w H/...✓✓✓___„` Dare: �� � RECEIVED JAN C 4 21:: PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY Harrisburg, PA I LAND DUALITY SECTION RIDER To be attached to and form a part of issued by the Undersigned (Hereinafter called Surety) on behalf of Rex S. Whitfield as Principal, in favor of State of North Carolina as obligee, in the amount SI I,800 and dated the 30 day of May 2000 Increase bond amount by$1,300 to S13,100 Amend Address of Prinicpal to 347 Hwy 403 E, Mt,Olive, NC 28365 RrCEPJ"T.� :CBON Provided, however,that the attached bond as amended by this Rider shall be subiect to it acreements and limitations and that the liability of the Surety under the attached Band and under the attached bond as amended by this Rider shall not be cumulative. This Rider shall become effective as of the 2 day of November 2007 Signed, sealed and dated this 26 day of December 2007 PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY ACCEPTED G� L-LL �f f BY: rinFipa Windy Le ad By: � . / (/ ATTORN -IN-FACT Title) O�bl /J ' `` / /r By: 7l.Ocfa GL .kl ) .Sffs. x' t Co�tJy sB��f (Title) T� 9/9^7 _`��. By: %��17=. W"�i Lice d Residen gent LAND QUALITY SECTION Budget No.: 1524 Date Rec'd: 10103100 Operator: REX S. WHITFIELD Type Security: SURETY Bank: PENNSYLVANIA NATIONAL MUTUAL INSURANCE CO City: GREENSBORO Debit: $11,800.00 Credit: Date Released: Permit No.: 96-32 Comments: Received by Date Released by Date J Bond No. SB 304 696 SI TE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, IIEALTHI AND NATURAL RESOURCES Land Quality Section Bond Pursuant to "The Mining Act of 1971" (G . S. 74-46 through G . S . 74-68 ) KNOW ALI, MEN BY THESE PRESENTS , That Rex S.-Whitfield 801 North Spence Place, Goldsboro, NC 27530 a n Individual and having its pri.ncipa.L office at 801 North Spence Place, Goldsboro, NC 27530 __ L in the State of North Carolina , as principal. , and Pennsylvania Natiional Mutual Casualty I-surance Company a corporation organized under the laws of the State of Pennsylvania and duly authorized by the Insurance Commissioner of North Carolina to do business in North Carolina , with an office located at 1703 East Wendover Avenue in the City of Greensboro __, Nor'th Carolina , as surety, are held and firmly bound unto the State of North Carolina in the sum of S11,800 Bond No . lawful money of the United States of America , to the payment of which will and truly be made , we bind ourselves , our heirs , administrators and successors jointly and severally, firmly by these presents . Signed , sealed and delivered this 3 day of October 12 2000 THE CONDITIONS OF THIS BOND ARE SUCH , That Whereas, the said Rex S. Whitfield conducts or will conduct mining operations in North Carolina as described in the application for an operating permit which includes a Reclamation Plan as provided in G . S . 74 -53 and has obtained approval of this application on the __ 30 day of _- _._May $R-20eo.. from the Department of Environment , Health , and , Natural. Resources . NOW THEREFORE, if the said _ Rex S. Whitfield shall comply with the requirements set forth in "The Mining Act of 1971" (G . S . 74-46 through 74-68 ) and with the rules and regulations adopted pursuant thereto and faithfully perform all obligations under his approved Reclamation Plan then this obligation shall be null and void ; otherwise to be and remain in full force and effect until released by the Department. of Environment , Health, and Natural Resources in accordance with G . S . 74 -56 or canceled by the surety . Cancellation by the surety shall be effectuated only upon 60 days written notice thereof to the Department of Environment, Health , and Natural Resources and the operator as provided in G . S . 74-54 . ATTEST: Rex S. :+..�.f ie ld Secrets or Principal Assistant Secretary ( Attach ) By _ ( Corporate Seal J P esident , Vice resident , (here of Corporation) Partners , or Cw9er Pennsylvania National Mutual CasualtydInsurance Company Surety Countersigned at N/A North Carolina N/A By I�i2 Resident Agent of N. C. Ag t and �A�t`�f'o�rPn y i.n Fact Boyd E. Wilson, Sr. Attorney-in-Fact and Resident Agent of N. C. Wilson-Ramseur, Inc. 238 West' Mil Lbrook Road Page 2 of 2 Raleigh, NC 27609 PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY Harrisburg, Pennsylvania POWER OF ATTORNEY Know All Men By these Presents, That PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY,a corporation of the Commonwealth of Pennsylvania,does hereby make, constitute and appoint BOYD E. WILSON, JR, ROBERT J. RAMSEUR, BOYD E. WILSON III AND TASSIE C. JONES, ALL OF RALEIGH, NO (EACH) its true and lawful Anomey(s)-in-Fact to make,execute,seal and deliver for and on its behalf as surety as its act and deed: ANY AND ALL BONDS AND UNDERTAKINGS PROVIDED THE AMOUNT OF NO ONE BOND OR UNDERTAKING EXCEEDS THE SUM OF TWO MILLION DOLLARS ($2,000,000 .00)-------------------------- ___________________________________________________________________________________ ALL POWER AND AUTHORITY HEREBY CONFERRED SHALL HEREBY EXPIRE AND TERMINATE WITHOUT NOTICE AT MIDNIGHT OF THE 31ST DAY OF MARCH 2O01 AS RESPECTS EXECUTION SUBSEQUENT THERETO. and the execution of such bonds in pursuance of these presents shall be as binding upon said Company as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Harrisburg, Pennsylvania, in their own proper persons. This appointment is made by and under the authorization of a resolution adopted by the Board of Directors of the Company on October 24, 1973 at Harrisburg, Pennsylvania, which resolution is shown on the reverse side hereof and is now in full force and effect. In Witness Wherei PENNSYLVANIA NATIONAL. MUTUAL CASLALTY INSURANCE COMPANY has caused these presents to be signed and its corporate seal to be hereto affixed on MARCH 11 , 1999 PENNSYLVANIA NATIONAL � /MUTUAL CASUALTY//INSURANCE COMPANY By 'Kenneth R. Shutts-Secretary Commonwealth of Pennsylvania, County of Dauphin—as: On MARCH 11, 1999 before me appeared KENNETH R. SHUTTS tome personally known,who being by me duly swom, did say that he resides in the Commonwealth of Pennsylvania, that he is SECRETARY of PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, that he is the individual described in and who executed the preceding instrument, and that the seal affixed on said instrument is the corporate seal of said Company, and that said instrument was signed and sealed on behalf of said Company by.authority and direction of said Company, and the said officer acknowledged said instrument to be t e free act and deed of said Company. e T�B6F-7�Par1 Iblit SHAAON CAALENEJONES,NotaI Puhlla Commonwealth of Pennsylvania,County of Dauphin—ss: Hardshafg,Daaphio COYnly My Commission Expires May7,2001 I, Thomas L. Vehar, Vice President, Surety of the P AL CASUALTY INSURANCE COMPANY, a corporation of the Commonwealth of Pennsylvania, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by the said Company,which is still in full farce and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company on O^Eo r 2000 Vice President,Surety IMPORTANT NOTICE:This Corder must be RED manor It it is not RED.this is not a earned Copy.Telephone us at Area Costs 717-255-681 11� Fast 78-190 mm. F 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 17, 2011 Dee Freeman, Secretary Mr. C. Allen Jarman Barnhill Contracting Company PO Box 399 Kinston, North Carolina 28502 RE: Mining Permit No. 96-32 Whitfield Highway 55 East Mine Wayne County Neuse River Basin Dear Mr. Jarman: Your request to have the above referenced mining permit, issued to Rex S. Whitfield, transferred in its entirety to your company has been approved. As we have received the required surety in an amount sufficient to cover the present operation: I am enclosing the transferred mining permit. The permit number, expiration date and mine name shall remain the same as before the transfer. Please review the permit carefully and notify this office of any objections or questions you may have concerning the terms of the.permit. _It is your responsibility to fully. understand and comply with the conditions of your mining permit As a reminder, your permitted acreage at this site is 14.95 acres and the amount of land you are approved to disturb is 14.24 acres. If you should have any questions on this matter, please contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574. Sincerely, Janet S. Boyer, PE i State Mining Specialist ,Land Quality Section JSB/jw ` Enclosures cc: Mr. Pat McClain, PE Ms. Shannon Deaton-WRC, w/enclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures 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- Internel'.http.1/www.dlr.enr.state.nc.us/pages/landqual'itysection.html An Equal Opportunity/Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 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 17, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1300 0000 1125 2882 Mr. Rex S. Whitfield 347 Hinhwav 4f13 Fa-.t Mount Olive, North Carolina 28365 RE: Permit No. 96-32 lNhifficlr{ Ninhtinrati r-,F, tract AAina Wayne County Neuse River Basin rl- KAr lhlhi+F�nl.-1• LJGLII IVI1. VVIIILIIGIU. Your request to have Mining Permit No. 96-32 transferred in its entirety from you to Barnhill Contracting Company has been approved. As Barnhill Contracting Company currently has a blanket bond in an amount sufficient to cover the present operation, you are hereby released from further responsibility for this site with respect to The Mining Act of 1971. Therefore, I am returning your $13,100,00 Surety Bond No. SB304 696 to you for your disposal. Thank you for your cooperation in this matter. Sincerely, r Jane ."Boyer, PE { State Mining Specialist Land Quality Section JSBIjw Enclosure cc: Mr. Pat McClain, PE Mr. William Gerringer-DOL, Mine and Quarry Bureau File 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:llwww.dlr.enr.state.nc.uslpagesllandqualitysection.html An Equal Opportunity 1 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: Barnhill Contracting Company Whitfield Hwy 55 East Mine Wayne County - Permit No. 96-32 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of nll 1-n,4s anA .. -+- , . ff-of-,4 k- #hin rr�ininry rinr�rn#inn —ill rr ne�i�in #hn QII IQIIUJ 0IIU VYaLGIJ QIIUULUU LJy LI IIJ II III III IIj VJJGI LLLIVII YYI11 IGIrGIYG LI IG greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: March 18, 2018 i 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 mn.-lif%r +he DeS�.I-,.,-,at;on Plan � rated in the permit The ^n� rn+nr a kh ll hn,ie ri. k+ in n 11 IWMIFY II IG 1\GLIQI�IO LIVID 101� OJ incorporated III LIIG FI-111I11. I1IG Vt.i61C11VI O11UII 1IQYL Ilylll lV Q 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. Modifications April 4, 1997: This permit has been modified to increase the permitted and affected acreage as indicated on the mine map dated December16, 1996. November 21, 2000: This permit, issued to Whitfield Enterprises, Inc., has been transferred in its entirety to Rex S. Whitfield, March 18 2008: A partial release has been granted reducing the permitted acreage to 14.95 acres and affected acreage at this site to 14.24 acres as indicated on the mine map dated November 2, 2007. May 17, 2011: This permit has been transferred in its entirety from Rex S. Whitfield to Barnhill Contracting Company. Page 3 Expiration Date This permit shall be effective from the date of its issuance until March 18, 2018, 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. 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 (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. R Anv mininn nrtivifv affnnfinn wntarc of fhP gtntp vuMpm of the I I R nr wPtlanrlc shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. A A Arinrniofn mnrhonirol horrinrc inrhirJinn hi it nnf limifnrl fn e4kinrcinnc norfhnn Z. ! 4. / {U tr%JUUL\ 1114..V1 IUI IIVU1 L/UI I lVl IIIVIUlA II 1y L - IIVL III TILLIA - 4 IV\ Ia IV11JI L..UI L11V11 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 a a ....;a.. a.. 4L... -Z4r--4-- J i.....J or natural atteIrC;0Ur sC III pl VAII I Illy lV LI IC [II IGL.LGU 101 IU. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. Page 4 C. No dewatering activities shall occur at this site. D. Mining activities shall occur as indicated on the mine map received by the Land Quality Section on April 4, 2011 and the supplemental information received by the Land Quality Section on May 29, 2007 and November 5, 2007. 5. All affected area boundaries (14.24 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. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 25 foot unexcavated) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been n 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 1 wirP rahlP.-, Page 5 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; 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 $500,000.00 blanket 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 hat 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 exravafinns in rnrk 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 tha 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 10D. 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 Revegetation Plan approved by Ms. Patricia 3, Gabriel, District Conservationist with the Natural Resources Conservation Services on May 18, 2007. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, includinq_ revegetation, shall be completed within two years of completion or termination of mining. This permit, issued June 30, 1988 to Whitfield Enterprises Inc., renewed and modified April 41 1997, transferred to Rex S. Whitfield November 21, 2000, and renewed March 18, 2008, is hereby transferred in its entirety to Barnhill Contracting Company this 17'" day of May, 2011 pursuant to G.S. 74-51, LLL""By��': /vV James D. imons, Director r Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources 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 17, 2011 Dee Freeman, Secretary Mr. C. Allen Jarman Barnhill Contracting Company PO Box 399 Kinston, North Carolina 28502 RE: Mining Permit No. 96-32 Whitfield Highway 55 East Mine Wayne County Neuse River Basin Dear Mr. Jarman: Your request to have the above referenced mining permit, issued to Rex S. Whitfield, transferred in its entirety to your company has been approved. As we have received the required surety in an amount sufficient to cover the present operation, I am enclosing the transferred mining permit. The permit number, expiration date and mine name shall remain the same as before the transfer. Please review the permit carefully and notify this office of any objections or questions you may have concerning.the terms of the-permit._...It is your responsibility to fully understand and comply with the conditions of your mining permit As a reminder vnlfr nPrmittpri arrwanP at this cite is 14 Q5 ar-.rec and thA mmntint of land you are approved to disturb is 14.24 acres. If you should have any questions on this matter, please contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574. j Sincerely, � Janet S. Boyer, PE i State Mining Specialist `•Land Quality Section JSPs/jw Enclosures cc: Mr. Pat McClain, PE Ms. Shannon Deaton-WRC, w/enclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures 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-J/www.dlr.enr.state.nc.us/pages/landqualitysection.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 Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary May 17, 2011 CERTIFIED MAIL. RETURN RECEIPT REQUESTED 7008 1300 0000 1125 2882 Mr. Rex S. Whitfield 347 Highway 403 East Mount Olive, North Carolina 28365 RE: Permit No. 96-32 Whitfield Highway 55 East Mine Wayne County Neuse River Basin floor AAr lAlhitficlrl• L/V1.11 IYl1. YYlllllfV l\.1. Your request to have Mining Permit No. 96-32 transferred in its entirety from you to Barnhill Contracting Company has been approved. As Barnhill Contracting Company currently has a blanket bond in an amount sufficient to cover the present operation, you are hereby released from further responsibility_for this site with respecf to The Mining Act of 1971. Therefore, I am returning your $13,100.00 Surety Bond No. SB304 696 to you for your disposal. Thank you for your cooperation in this matter. Sincerely, ' n C Jane . Boyer, PE State Mining Specialist Land Quality Section JSBIjw Envi Inc! l cc: Mr. Pat McClain, PE Mr. William Gerringer-DOL, Mine and Quarry Bureau File 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:htip:/Iwww.dlr.enr.state.nc.uslpagestlandqualitysection.html An Equa!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: Barnhill Contracting Company Whitfield Hwy 55 East Mine Wayne County - Permit No. 96-32 for the operation of a .Ja d IV111 tG 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__March 18, 2018 1 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 mnrlifi fhn Dl.,n in fho norm;+ Tk, nnaro+r r droll Fro\lo rink+ +n o r rIVlJ rry tr kG 1\G41Q 1 r I CAL I V r 1 r IClrl C40 III k,Vr FJV ICA lG,J Irr lr rL FJI-I I rrt. r 11\:. WFJ Ird LlJI .,7I IrJ I Ilu vl' riljr 11 Lv u 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.t7.S. 74-49. Modifications April 4, 1997. This permit has been modified to increase the permitted and affected acreage as indicated on the mine map dated December16, 1996. November 21, 2000: This permit, issued to Whitfield Enterprises, Inc., has been transferred in its entirety to Rex S. Whitfield. March_18, 2008: A partial release has been granted reducing the permitted acreage to 14.95 acres and affected acreage at this site to 14.24 acres as indicated on the mine map dated November 2, 2007. May 17, 2011: This permit has been transferred in its entirety from Rex S. Whitfield to Barnhill Contracting Company. Page 3 Expiration Date This permit shall be effective from the date of its issuance until March 18, 2018. 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. 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 (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, 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 watel-COulse 11-1 proxiMiLy LU Me a1MkAUU 1011U. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. Page 4 C. No dewatering activities shall occur at this site. D. Mining activities shall occur as indicated on the mine map received by the Land Quality Section on April 4, 2011 and the supplemental information received by_ the Land Quality Section on May 29, 2007 and November 5, 2007. 5. All affected area boundaries (14.24 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 charnels, 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. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 25 foot unexcavated) shall be maintained between any _ __-. _-1'_._ -___I a--1-1-Y __ --.__'11--...-_I-_ excavation aria any rnrnincg permit UUunUclry rU PrUrecr dujacerir PlUPUrty. 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 Page 5 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 band Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the ref use, 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 $500,000.00 blanket 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-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 lanri 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 ION 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 10D. 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 Revegetation Plan approved by Ms. Patricia S. Gabriel, District Conservationist with the Natural Resources Conservation Services on May 18, 2007. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued June 30, 1988 to Whitfield Enterprises Inc., renewed and modified April 4, 1997, transferred to Rex S. Whitfield November 21, 2000, and renewed March 18, 2008, is hereby transferred in its entirety to Barnhill Contracting Company this 17`h day of May, 2011 pursuant to G.S. 74-51. By: James D.Yimons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 7!uh cp-n,r ,) LAND QUALITY SECTION O5 7011 APPLICATION FOR A MINING PERMITI R (PLEASE PRINT OR TYPE) 1. Name of Mine h6fiffe iJ 144h"y in,4 County l(/ W e River Basin IVCU$t- Latitude (decimal degrees to four places) Longitude (decimal degrees to four places) 2. Name of Applicant* Rcivnhilf a w1kc_6j eOynfiq 3. Permanent address for receipt of official mail** 19 0. &V 3ff (L.tasln,•. ,tl. L. aKSo2 Telephone Q00 Sal- kDzr pp''''Alternate No. (;Sa ) SSIr- OSS�' 4. Mine Office Address GDQ EGSF ,UaJ Rim toed VIn�d�KS-& Telephone (PD) 5�7- boll 5. Mine Manager GAIT ( W 14" We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. / ll 2a11aa 3***Signature Date May Print Name a Gf 0, wAN.Vo Title Nf ) (!��GG ffroc CA+ * This will be the name that-the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an a placation for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. finr IV If}i.Liiif; , !'a..' W111i �.\iUl<s'r,<' I�AC'.i : � . .i'.F'C •. :. � �j1P�,,'i;�,'�. " i _ .. 's tip. _ i1gY.'Irr q ,9 rll, - in iA ''.'�Ilrf; . . !;ELmjlilf.!i! UC "i . ... r . APPLICATION FOR A MIN(O PERMIT G. LAND ENTRY AGREEMENY:, • 4rNb+�+�";,, , , W e hereby grant to the Deavu's>uxt a rns appoimed representatives the right ofentry and travel upon our lands oro eration dune---;:I--bcsiros:i-'/ ?'F•'�t"P purpose of making necessary field inspections or investigations as P s��s ."' jw. ..,. may be reasonably required in 1hc-,umiI1;jstranon of the Mining Act of 1971 pursuant to G.S. 74-56. r. We further grant to the Dcuar'tti:erit or its appointed representatives the right to make whatever entries on the land as maybe reasonably necessa v ,nd-to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operatorlhas'lfailed to complete in the event.a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: SignaWre: � — Siuture:*_L__.� LLS( f� Print Name: f//�''1��,t' J��llL/VC-In Print Name: ( 61 f,64 M � SL✓A �� (Title, if applicable) iG I Compan y yF' Title: C.` �TGSIOCrt/ (if applicable) If.. Address: k L", company C%ofjj,/ LO//Irr[L-stV c-pi/�� _ Mine Name: N Mtll Yi Telephone: (��g)� rJ— [ Tclephone; (aSa) Date Signed: �,�b Q� Date Signed: f-30 017a r " *Signature must be the same as-the-individual who signed Pagel of this.application. One original and rive (5) copV;s ikf.,?id'con, zfeted application, six (6) copies of an location maps, mine maps and reclamation mans, and the a "pr,,_iateprycT essingfee(see next page for fee schedule)in the form acheck 1T,- ,tartment of Environment and Natural Resources must be or money order payable to ttie'Ivo,En Y�c-c;•a� z�� sent to the Land Quality S (;Antral C'ffice at the address�listed do the-front cover of this application form. Inquiries regarding the status of thi re'ne.I of this"application should be directed4o the Mining Program staff at (919) 733-4574. - 'i.5: - 18- r ' Wehner, Judy • "Y From: Allen Jarman [ajarman@barnhillcontmcting.com] Sent: Tuesday, May 03, 2011 10:36 AM To: Wehner, Judy Subject: FW. Scan from Xerox WorkCentre Pro 232 Attachments: Scan001.PDF I hope this will work for you. C.Allen Jarman Barnhill Contracting Company PO Box 399 Kinston, North Carolina 28502 252/527-8021 (office) 252/527-4739 (facsimile) 252/559-0554 (mobile) aiarman(dbarnhillcontracting.com -----Original Message----- From: XEROX232-KinstonB(dbarnhillcontracting.com fmailto:XEROX232-KinstonB(dbarnhillcontracting.com1 Sent: Tuesday, May 03, 2011 6:44 AM To: Allen Jarman Subject: Scan from Xerox WorkCentre Pro 232 Please open the attached document. It was scanned and sent to you using a Xerox WorkCentre Pro. Sent by: Guest [XEROX232-KinstonB@barnhillcontracting.com) Number of Images: 2 Attachment File Type: PDF WorkCentre Pro Location: Kinston Office Device Name: Xerox232-Kinston 1 APPLICATION FOR A NAG PERMCC 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 m vestigatmns a; may be reasonably r( yuned in the':uhnimstration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the tight to make whatever entries on the land as may be reasonably necessary and to take whatever actions as maybe reasonably necessary in order to carry out reclamation which the operat-ir has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: /�J APPLICANT: Signature: �f,.rX/`pl�1 ' / Simature'• / fJ Print Name: Name: 1 Print Name: (Title, if applicable) / Company /f{�x S: ram"/L�� r/ � C✓ Title: (If applicable) Address: Y /�7 , ,/�= J Company: &rAJf11 &_S_91766744C 4!A0 )L0V Mine Name: G)II Flij&*u 55'6& Mill ri Telephone: (��7 )—� /1� (OD(� � Telephone: Date Signed: Date Signed: *Signature must be the same as the individual who signed Page I of this application. One original and rive (5) copies of the completed application,six (6) copies of all location maps, mine maps and reclamation maps, antl[hc appropriate processing fee(secnextpage for(ee schedule)in the form a check or moue, order payable to the North Carolina Department of Environment and Natural Resources must he sent to the Land Ouality Section Central Office at the address listed on the front cover of this application furor. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. - 18- O NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) I. Nance of Mine k/ 11 Ie (d Air"(( 5S � M14 County 'i(f/l C 12iver Basin A)euU -e- Latihude (decimal degrees to four places) Longitude (decimal degrees to four places) Xa 2. Name of Applicant*IrIIAf(( C,aq t)M46C4A'j eQPX U`Pt 1 3. Permanent address for receipt of official mail** a 0. &A ,3yrf HMO Telephone ldo') Sal- k02( pp�,� �D� AlltJternateNo. 05-r 1 SSIr- OSS� 4. Mine Office Address_ liC(S f' NlC'/ Lem L�LI (,�, VIn ram( C. aK� Telephone (OD) 577" d 2if 5, Mine Manager IT ( Oft tv(04 We bereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. / 17 le ***Signature (5 %,/ r�//U�/`it✓ / Date J2U 3 pit Pi inn Name ure�yM ,swomuo Title �� 1 (. ( Pfn� ACA' { * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond securitrl that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of compAny officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a com fete application or, If a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provider) before this application can he considered Complete. Attach additional sheets as needed. O Wehner, Judy From: Novak, Gary Sent: Thursday, April 21, 2011 1:37 PM To: Wehner, Judy Cc: Marciniak, Katherine; Mcclam, Pat Subject: Whitfield Hwy 55 East Mine, P#96-32 Attachments: GaryA Novak vcf Judy, Please see below our comments for the above mentioned mine: Map: • The map submitted for this permit transfer does not show current site conditions- the adjoining mining operation Macies' Pit, the previously mined pit area 1 is not entirely a water impoundment as shown on the current map, and another haul road that splits the • �• Macie Pit and pit area 2 is tocated in the not so wooded area. Also a seeded area as shown 6 was not observed. Refer to map dated 11-2-2007, (renewal approved map). • The property line is not shown or revised between the Macie Pit and the proposed Barnhill J Pit. • The proposed 25 foot buffer is not adequate to protect the property line. This area has already been mined between the Macie and the Whitfield Hwy 55-E mine. The type of 25 foot buffer is not provided. An undisturbed buffer would not work here. • Provide a construction detail for a construction entrance pad at the haul road entrance. vp • Pit area 1 is the only area to be transferred according to the application. Where will the haul road be located? The haul road runs through Pit area 2.??? Permit boundary ,must be clearly marked especially between the Macie and Hwy55 E Pit. Application: IsIr • Providecopy of the rty deed r t e are to be transferred and mined. • The property ownersot may no e valid "nce the property has been sold. See letter dated 3/29111 If you have questions please call either Kat or myself. Gary A. Novak —_—�—T`- NC Deoermen:c`cn�lmnnwnc end i9a:ur-1 Re.., reVe;�rre:rtal Senior a�ec!ch; 252-9�" 6,31 carB.ncca'r8ncdenr.yev idor;h izrolinz aepter;mert o`e:nimrnaen::a . '-3 tbLsl-neon Soozre Mall ',Mashln�ion.Nordr Cs¢•lirz 2P39 E-mail correspondence to and from this address may be subject to the North Carding Public Pecords Law and may be disclosed to third parties 1 I • -t- � MINING CHECKLIST FOR ROUTING I 6b,,,htUCm. ,1� to Aypkr &s NOU: Q,t v I IM.r1N o l/'� - PMJW NM Illku l/eLOwd�l wa. 6-Y L—:�4— I v 0 MOAC Affk./PmmnNO.: gb 3� Canty: I1lc.(4nl., DakEUWVa' 41Jn Rt&Wn: \ yt 119I.1vL Rfm Basin Name: 1 I.(.ltw I ❑ No ❑ Rm 41 ❑ Mod fttattan (kddeymnit baumlartu) ❑ M4katta (altddeyamlt bwadaria) /Traa�er l7 Release ❑ Farm Rehm ❑ Addluaeal i mmitim ❑ FCC Nrehk- $ Fee Reafnd: $ J(J 1 ua WAIll AAAfr\_/ RtgfM )Cfa (2 Wheel MykS; atGtk tkl•LQS W6WW Opt MfNb jy&gUm Ratm Chlhltda•b one Wyy Wd adaek W ML DwQand DA(Z•MWKS nyykta M RMM Faaa•tO t6 raker W)7; Wnd ktk wyw to t6 Rpnnl egq�d Dak: RaWal 4l5 //lI Raid 414111 ❑ Divtdon of wda Rmrw Date: Rwkd / ( Ru d t l ❑ NC Wd fe RaWteR3 COma WOa Date: ROakd Reid ❑ US Fkh&wl)dtlf[&rKa Dale: Rested Ru'd (only uw ayyhrdim oral mooaffm rrgwso Ad add W W ike yer mt) Pt w male f1Dt 3 paau 4 the gtk&m ad my tOmun mm to: ❑ DMft ff Rarttl&ReaeanaW Date: ROWId Red ❑ NC GeWloekal Survey SMlml Date: Rauttd Red ❑ Dltldal of Wnm Fishala Date: PAW Red ❑ DMSW of Sad & water Consmanoa (yhs LEA) Date: Rm(Gd Rind (only new apy uttanr and mWhflraLon rryueEs that udd emu!to&eyrrmit) ❑ DIFIstOW O ATAV6 &H" Dak: RMW Red (only new ayplitmtom) ❑ Dthm.. Dak: Rautrd Red ••SRsyettre Date for Comments: 4 I aG I I I (w Iota tlwl zs dap f m mva f) ❑ Fleaae nok tIW fo➢oWty: �• f h UAld, !/�^/V`�rR+ IJ(./AVJ/ �Md[K� L'✓ arc�'.:�L�N i [oxmnrnNa JOB�1$ BJOB NO. 1gCOIDIVYENDORi (iREFERENCHECK• . ! T_ 3531., ° oMr^Har 0£ j ..,h 7.144479 INVr NUMBER:j+�INV;DATE,3 A,r,;,_..y, jfj�' F,oESCRIP�.TIDN3 ,y�', ��,�k� 2�j, _OSS AMOUNTS rtDISCOUNT; ''NETAMOUNTA 800 03/31/11 PROCESSING FEE 100.00 '00 100.00 e U -. AV _ NE L tip. ... . � SEMI ul __ [ � f e d Arai --" N. .-''+ II I FIR FREE - - � 'rTorALs 100.0o x Oa r x1 100.00 d8� CI s i9 SN 1 L 1i na vir ---- -- e- npc�ppJ�1 111r pp ... ------------ BARpSYYIf1000eL BRANCH BANNING AND TRUST 66 II II( CONTRACTING COMPANY 531 Lam, �.C®�OYy-n4Awp�Fb qA YTARBO�RO, NORTH CAROLINA CPC{BOX 7520�TAR80RO. NORTH GAROLINA27986252-823-1021 ra CH- _DATE -- - �'YU%2011 _ Y714479 PAY One Hundred Dollars and 00 Cents 10000 t -- � TO '` DEPT OF ENVIRONMENT THE AND NATURAL RESOURCES n ORDER 1612 MAIL SERVICE CENTER A a� OF RALEIGH NC 27699 .y l BARNMILL CONTRACTING HCOMPANY TRANSMITTAL NOTICE Date 03130/11 To: Ms.Judy Werner Items listed are being sent: Lana Quality Section ( x ) Enclosed 1612 Mail Service Center ( ) Under Separate Cover Raleigh, N.C. 27699.1612 ( ) Via- To whom it may concern: We are transmitting the following to you'. [ ) Plans ( ) Literature ( ) Specifications ( ) Technical Data ( ) Prints ( ) Samples ( ) Shop Drawings ( ) Certifications ix) **As noted below. If these items are not received, or are not as listed, please notify us at once. Item Quan. Description Status 1 1 Original letter requesting permit transfer for new rmittee. c 2 1 Co of letter requesting permit transfer for new ermittee. c 3 1 First three pages of miningpermit application form. c 4 1 Co of first three page of miningpermit application form. c 5 1 Land Ent Agreement Form. c 6 1 Co of Land Ent Agreement Form. c 7 2 Mine Maps. c a 1 Letter from existingrmittee requestingtransfer of permit. c 9 1 Co of letter from existingrmittee requestingtransfer of permit. c 10 1 Check for processing fee. Status Code'. a Appravad U. Carraatad a rosutxrsa d S. Approved as nand E. Faryourfles C. SUGnNed br approval F. Rarartoremarrs Remarks. Barnhill Contracting Company's blanket bond to apply for reclamation cost. Reply to: Very truly yours, Barnhill Contracting Company Barnhill Contracting Company PO Box 399 Kinston, NC 28502 C.Allen Jarman �- 252/527-8027 RE APR Od 2D1i LAND QUALITY SECTION 0 • ■ BARNHILL CONTRACTING COMPANY v)4 Eaa Nlw ocm rzoao M BOX 399 vnstcq NonM1 Ca Aim 28502 2525274021 Fax 2525274739 www.Oarnhifta rraain4aam March 29, 2011 Ms. Judy Welmer Land Quality Section I l)12 1 ail Service l VTKVF Ralcigh, NC 2 7099-161 2 Subject: Mining rermil Transfer Whitfield Highway 55 East Mine Permit NO. 96-32 Wayne County Neuso River Basin Dear Ms. Wchner, Barnhill Contracting Company has recently purchased the property covered under the above permit number trom Rex Whitfield. Barnhill Contracting Company is requesting that the existing permit be transferred from Mr. Whitfield to Barnhill Contracting Company. Barnhill understands and accepts all responsibilities and liabilities with respect to the Mining Act of 1971 as a result of this transfer. Sincerely, Barnhill Contracting Company C,Allen Jarman`�//� Office Manager h"CEIVED APR 04 2011 LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT APR 04 2011 (PLEASE PRINT OR TYPE) I. NameofMine. W ilf(ild N(yhkbVSS 624 punt County UkVde. River Basin Latitude (decimal degrees to four places) Longitude (decimal degrees to four places) 2. Name of Applicant* Ram hi l l Ct11Y 11 nM C[It l/ 3. Permanent address for receipt of official mail** .3q[f IL1ns�anl NBC. 2�SSo2 Telephone 05a 5)7�^-,,,&r2,1 pp lA��ltemate s$No. lA ) 5-5-q- z 4. Mine Office Address btu E4& Neal Oem I,w / 94r 54tr , Al l e, ggypq- Telephone (asa ) 5. Mine Manager UIII 011t-anq We herebv certify that all details contained in this Permit AvOication are true and correct to the best of our knowledge. We fully understand that any willful misrepiesentation of facts will be cause for permit revocation. ,f y _ �1 ***Signature (. • fllN" - Date /rkircUL d4 C20/1 Print Name YrKmarl /�C^ Title FJ'F't•I6@ il/.bpor * This will be the name that the,mining permit will be issued to and the name that must be indicated on the reclamation bond (security) thd{corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. s RECEIVED LAPR 04 2Bi1 nrvo QUALITY SECTION APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding,detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all 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 pen-nit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: ❑ 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.of this 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" G," r f T 1(10 M is vpms;re A A� vn;fn flip �IIInrliefl�rh.�r111 onrA _ f_ hP �Arl_A) 1F Ilan inAi +p 41.c+ .4V V i W.VV.VV IJ 1 V�Ull V4i, UVJ'J1 L..e L.- LJ11U 1JLL11 Y ULl VLL�v " V' LIUU vIl f. " YL�J, I11U1lJ4 LL. L11L 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): [1 If this is an application for TRANSFER of a mining permit,indicate the mining permit number and the total (overall) acr age covered by the existing permit. /� Mining Pen-nit 1 -32 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: �� ,�Alm)"Ierj2l_ GrGye� 3. Mining method: Hydraulic Dredge ® Front-end Loader& Truck Shovel & Truck Dragline & Truck Self-loading Scraper Other (explain): 4. a. Expected maximum depth of mine (feet) Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) b. Expected average depth of mine (feet) 20 4+. -2 - APPLICATION FOR A MINING PERMIT 5. Has any area(s) at this site been mined in the past? Yes [� Nc� ❑ If yes, when and by whom was this activity conducted? fe F hbhj��e_(d 6. Number of years for which the permit is requested (10 years maximum): 7Vr5• C'(IVY�i11� pC/i �}�e f'tr3 B. MAPS ///Rxfl /o/ GU/zr I. Clearly mark and label the location of your mining operation on six (6)copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailinp-Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5th Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 www.gcology.cnr.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 www.ncdot.org/it/gisContactJdefault,html 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 al ith.....�.� o.v..b +:.... auw■heir�Orr�$Nv■■uu■�—nding IµNY■v�■■■■ww� a%r�as%. r» a r%■i■i■■ua■, ■iaii■ii■ t■cr■uew a ni■ only he 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 L)radina. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. E 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. I. Location of planned and existing on-site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year ftoodplain limits and wetland boundaries. o. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. -3 - APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND Thejollowing bond calculation worksheet is to be used to establish an appropriate bond(based upon a range 1r ggnn to $r,nnn per »gym cted acre)for each permitted mine site based upon the acreage approved by 7F.e Department to be affected during the life ofthe miningpermit. Please insert the approximate acreage for each aspect o(1he mining operation that you intend to affect during the hje o(this mining oermit(in addition please insert the appropriate reclamation cosUacre for each category from the Schedule of Reclamation Costs provided with this application form)OR you can defer to the Department to calculate your bond for vote 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 $ /Ae. _ $ Wastepiles: Ac. X $ /Ac. _ $ Processing Area/Haul Roads: Ac. X $ /Ae. _ $ Mine Excavation: Ac. X $ /Ac. _ $ Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: Ac. (TOTAL PERMITTED AC.: 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 onite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life (I to 10 years): INFLATION COST: $ TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 'total Reclamat:on B.,.It, �,Sc,`V:.�' T�., �e". [1�.n, . (round down to the nearest 101).00) II - 14 - APPLICATION FOR AMINING PERMIT I APR 04 2011 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 operatorhas failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: J ))d��� APPLICANT: l^X Signature: 1')• / Signature:* L. 1iB,ltwDw[� Print Name: v! V` S• I� 11 oaD Print Name: t'. AIICN �X(maYl (Title, if applicable) /,r Company (% S, //V�// /'��c,f� Title: /l 4ic, 92"er (If applicable) / Andress: W! /D7 Company: e amii%z Cfol aeY ; 6044W OQ • 04 tot Mine Name: f,( {1t��lf�d uf((' $S F/i5�' ln(Ael Telephone: (Vy) ��) Telephone: OS2.)?J��7- �b2� Date Signed: _3 — ? (�-��� Date Signed: d 13091 zw *Signature must be the same as the individual who signed Page I of this application. One original and five (5) copies of the completed application, six (6)copies of all location mans, mine maps and reclamation maps,and the appropriate processing fee(seenext page forfee 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 Quality 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. tx - R�CF� r - �Pa oa zon March 29, 2011 Ms. Judy Wehner Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Subject: Mining Permit Transfer Whitfield Highway 55 East Mine permit NO. 96-32 Wayne County Neuse River Basin Dear Ms. Wehner, The property covered under the above permit was purchased recently from me in full by Barnhill Contracting Company. I would like to request that the permit be transferred from me to Barnhill Contracting Company. n zip Sincerely, 1_/v Rex S. Whitfield v Irt , r s IRECEIVE® 0AR .12011l LAND QUALITY SECTION March 19, 2008 MEMORANDUM TO: File I-Kum: Brenda M. Harris, Secretary SUBJECT: Notice of Issuance of Mining Permit A copy of the attached "Notice of Issuance of Mining Permit" was sent to all people listed in the Affidavit of Notification and any additional people who sent in letters. If a public hearing was held, a copy of the "Notice of Issuance of Mining Permit" was sent to all people who signed the sign in sheet at the public hearing. My initials, written in red, will be beside the names of the people in the file who were sent this "Notice". Cc: Mr. Pat McClain I` AF NCDENR North Carolina Department of Environment and Natural Resources 'Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary March 18, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7099 3220 0009 7703 6763 Mr. Rex S. Whitfield 347 Highway 403 East Mount Olive, North Carolina 28365 RE: Permit No. 96-32 Whitfield Highway 55 East Mine Wayne County Neuse River Basin Dear Mr. Whitfield: Your application for renewal of the above referenced mining permit has been approved. A copy of the renewed permit is enclosed. The new expiration date is March 18, 2018. The conditions in the permit renewal were based primarily upon the initial application. Modifications were made as indicated by the renewal request and as required to insure . . compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the' following conditions where minor additions or changes were made: Operating Condition Nos. 3A, 4C, 4D, 5, 9 and 13 and Reclamation Condition No. 3. An inspection was made of the above mine on November 21, 2007, in accordance with � n ./.l cF+ 111-� II A'. A..4 F 4n711 The "-1 22 c— ar.-.n at the c.inn requestied to be kJ 0 1'F-DO 01 U le Mining J'%cL of 1 V I I. 1 11� 1 I.GL aLol q 0MUCL CIL a is �1M i cMuaow�+ w N� released, as indicated on the mine map dated November 2, 2007, has been found to be satisfactorily reclaimed. Therefore, you are released from further reclamation responsibility for this area with respect to the Mining Act of 1971. As a reminder, your permitted acreage at this site is 14.95 acres and the amount of land you are approved to disturb is 14.24 acres. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street,Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper L Mr. Whitfield Page Two Please review the renewed permit and contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 should you have any questions concerning this matter. Sincerely, F?oyd�R. illiams, PG, CPG, CPM State Mining Specialist Land Quality Section FRWIjw Enclosures cc: Mr. Pat McClain, PE Ms. Shannon Deaton-WRC, w/enclosures Mr. Bradley Bennett-DWQ, wlenclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures r , 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: Rex S. Whitfield Whitfield Hwy 55 East Mine Wayne County - Permit No. 96-32 for the operation of a Sand Mine which shaii 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: March 18 2018 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 park 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. Modifications April 4, 1997: This permit has been modified to increase the permitted and affected acreage as indicated on the mine map dated December16, 1996. November 21, 2000: This permit, issued to Whitfield Enterprises, Inc., has been transferred in Rs entirety W FXVA Q. V VI IilfiG1U. March 18, 2008: A partial release has been granted reducing the permitted acreage to 14.95 acres and affected acreage at this site to 14.24 acres as indicated on the mine map dated November 2, 2007. Page 3 Expiration Date This permit shall be effective from the date of its issuance until March 18, 2018. 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. 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 (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of #,nf %Atnfor%Ain%i nr%A1ef1nnH from immcinn of th(? affPf`tAt IaIIC� al1C� to CIrP.SPf1/P tIIP_. %1 iuL rruwi•�u� r-. 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. Page 4 C. No dewatering activities shall occur at this site. D. Mining activities shall occur as indicated on the mine map dated November 2, 2007 and the supplemental information received by the Land Quality Section on May 29, 2007 and November 5, 2007. 5. All affected area boundaries (14.24 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 8. 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. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 25 foot unexcavated) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area iin1ecc niithnri7atinn to rnnritint -,airl dispnsal 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 Page 5 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; 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 $13,100.00 surety 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 L 1I-elelal Ele Orotecl';on Ani ° nk-..1,4 fkp r+ner�fnr nr nnv ncrenn in }'tie 01%CIGL I Gr11aI V �VIGVIIVI� r%%,L, 01 I%JUIL lI IG WV1/ 1 awl vI uI Iy t 4.v i if a 4— 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 ,AA+h r ininr, r,ncrn+inns and in mnv a��nn+ nrnwirla ra�latnatinn nt the earliest nmr..tinnhla U YYI1 1ii11n1iy r WPW IuUWI— -- n. u.-1 ---, PI-1— r.�._.._�....� 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 wastepiies, 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 10D. 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 Revegetation Plan approved by Ms. Patricia S. Gabriel, District Conservationist with the Natural Resources Conservation Services on May 18, 2007. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining.of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued June 30, 19BB to Whitfield Enterprises Inc., renewed and modified April4, 1997, and transferred to Rex S. Whitfield November 21, 2000, is hereby renewed this 18t' day of March, 2008 pursuant to G.S. 74-52. By: James D. Simons, Director �l Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources RECEIVED JAN C 4 ZL:: PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY Harrisburg, PA I LAND WALITY SECTION RIDER To be attached to and form a part of SB304696 issued by the Undersigned(Hereinafter called Surety)on behalf of Rex S. Whitfield as Principal, in favor of State of North Carolina as obligee, in the amount S119800 and dated the 30 day of May 2000 Increase bond amount by S1,300 to Sl3,100 Amend Address of Prinicpal to 347 Hwy 403 E, Mt.Olive, NC 28365 I?r��'If-V �LANBQ :4." :cC I"ION Provided, however, that the attached band as amended by this Rider shall be subject to its agreements and limitations and that the liability of the Surety under the attached Bond and under the attached bond as amended by this Rider shall not be cumulative. This Rider shall become effective as of the 2 day of November 2007 Signed,sealed and dated this 26 day of December 1 2007 PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY ACCEPTED , , ' n By /�g7prtn 'ipa Windy Le ad By: V ATT IN-FACT -V'7— (Title) Ob�I" e By: �/nu2 'ZI!107 ; S / f-- y ,01- -- (Title) Cc s' By: % i 4 Lice d Residen gent Pnnwe'll handle it' :CUA:LIT�-7Y n December 26, 2007 Rex S. Whitfield 147 Hwy 403 F Mt. Olive, NC 28365 Re: Reclamation Bond Rider Dear Rex: Per your request I've made the change in bond amount and changed the address for your current mining band. The enclosed Rider needs to be signed and accepted by you and by the obligee. Once signatures are in place, please be certain a copy of it is mailed to me. I don't need a copy of the power of attorney, only the Rider. In order for it to be official I need to send a signed copy to the surety company. This is very important. Please contact me if you have any questions. Otherwise I await a copy df the signed rider. Sincerely, W�Lebb� Commercial Account Manager 4505 Foils of Neose Road • Suite 650 Raleigh • NC 27609.2523 Assurfx p 919.719,9570 • 1 919.719,9571 0 senndonn.com Ipy 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 TRANSMITTED 'ro: - I��/ - "— To: _G1 `� CQN Z-tLbb6A Of: Se�,,v - From: RE: � n ` _RE Wa��.�R. Date: �ct"4,.Ywcy_ '94"Vh- No SIB 30X6 99 COMMENTS: _A.����, vt • w. rr� *IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE US IMMEDIATI>LY AT(919)7334574. �,. , .CLVM ,. yHHUy -- ._ IROUPE� u t p vo Uy ULL il -- w 3 �— .E°a, ,gig",°,. % m�.. Ly �if R ,. = . ._._C n. Ic I'll -UL UUT,Tim � o arcmxa tv,w[ f ..-rwwr sn-wnwei 'M:art�etn wHILL.. .ss mx[lu�.uat North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (� (PERMITTED MINE) 1. MINE NAME � .�7Ic. 'rf/fW� S.1 Mier. 2, MINING PERMIT # 1�10 " 32 3. OPERATOR Mr . k ,c S. IJC .�'(irJA 4. COUNTY Ilat,nt 5. ADDRESS 1/D51T 11v-S/ice f /(n Wl ,LJ�c 1 1 6. PERMIT EXPIRATION DATE� 3 -/S- 20/Sr 7. RIVER BASIN /V r US .e 8. Person(s) contacted at site /9D 6ne,. ov/ 9. Was mine operating at time of inspection? ❑ Yes 12�No 10. Pictures? ❑ Yes O'No 11. Date last inspected: // / .;2/ / 07 12. Any mining since last inspection? O�Yes ElNo 13. Is the mine in compliance withthe Operating Conditions of the Permit? 12'Yes . ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? 2 Yes 4 No If no, explain: F= r I UEt I I I I I LNML1 15. Did any of the above deficiencies result in offsite damage? 'O Yes 2 No If yes, describe the type and severity of the damage: i 16. Corrective measures needled and/or taken: J J..:/ /L iArPe-e /✓O tie C L� e.11r:.r�` r n 17. other recommendations and comments: f lire. PI F4 e� E yl v.f.�e.c -a ClLre. r. 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) ZNot Reviewed 19. Follow-up inspection needed? ❑ Yes O'No Proposed date /- 20. No. of additional pages of Inspection Report_ 21. Copy of Report sent to operator /.?/ Y / Off. 1 p (date) INSPECTED BY: `r ri r y /V/)ujlG " DATE /2/ 01/ 6b' I Telephone No: ( 952) 9d6r• (cVk1 White copy to file yellow copy to operator Pink copy to Mining Specialist 10197 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT /( �/(PERMITTED MINE) 1. MINE NAME 14A l/c lr_l Awv S5 AcL1`17h2. MINING PERMIT # /6 ' 32 3. OPERATOR /l/i. ,It LzcS . l-tlti �'j-F-��.Ic' 4. COUNTY 6;7 1 e. S. ADDRESS �.l01IR7.20/Sl/mo;Fi`/"`.>�.Nv//v .t8 yy)— 6. PERMIT EXPIRATION DATE — ` / � 7. RIVER 13ASIN `cur S. Person(s) contacted at site N/7 V//e mil Si fC 9. Was mine operating at time of inspection? ❑ Yes .0 No 10. pictures? ❑ Yes 17 No 11. Date last inspected: // / .2// © 7 12. Any mining since last inspection? ❑ Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ,0/yes . ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ,5Yes ❑ No If no, explain: _ 15. Did any of the above deficiencies result in offsite damage? ❑ Yes 2�No If yes, describe the type and severity of the damage: I � I 16. Corrective measures needed and/or taken: I I LAND OUA!.ITY SECTION I 17. Other recommendations and comments: ka i l�'f a. �� ut:.iio< / ,[ana� td ./'�� /aYn .filo /iru f h��h ,7Ic. c d aL fl.G.. 2 Vt". riC � 01I /UYN��It �'!^ ,^ cl'i1'tIY`::: liuVYl� tb /JUoit C�G/b�l)- �•1• R ICClc✓.14 ;� t,� Irt 2 (Ic'� wcee� I� . n . /� �1/e -N1 0�01 SFi - 32 t � ' 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) ,E)Not Reviewed 19. Follow-up inspection needed? ❑ Yes ,21'No Proposed date /'- 20. No. of additional pages of Inspection Report_ 21. Copy of Report sent to operator / (� / INSPECTED BY: / Y /V t7't/r�'t- DATE Ill/7/6)J Telephone No: ( 1 White copy to fife Yellow copy so operator Pink copy to Mining Specialist 10197 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERN=D MINE) 1. MINE NAME /r/ 114vv .cs fUsf /YJ..,®2. MINING PERMIT # 56 -?Q 3. OPERATOR kPr AIA/ 7',,./r/ 4. COUNTY Af/n 5. ADDRESS . W-7 </y vS'o3F�3f. AV.el;,,o AJC �9R3GIz—. 6. PERMIT EXPIRATION DATE' .3- /X- dJniq 7, RIVER BASIN xjto .sy 8. Person(s) contacted at site .4Z �A 90�r A/A,lbi /, `' /,� ,Ohnxa 9. Was mine operating at time of inspection? ❑ Yes ❑ No 10. Pictures? O Yes l] No I I. Date last inspected: /a l /R7/ .10 1 12. Any mining since last inspection? ID Yes © No 13. Is the mine in compliance with the Operating Conditions of the Permit? O Yes , ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? © Yes 0 No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes © No If yeS, describe the type and severity of the damage: I Crn3 51Rr.^ I 16. Corrective measures needed and/or taken: I 3 ` LO1O I 17. Other recommendations and comments: R 7` 1 2rs"a e7 ao.a., r /a bn i .�iA A/ 4 /ems r.f rri,.:ae n. ;X.� r �4n r A Ar. f / 18. Is the Annual Reclamation Report +/-map accurate? l7 Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes El No. Proposed date —/—/-- 20. No. of additional pages of Inspection Report PJ. 21. Copy of Report sent to operetov9 l S I rftln ( / � � date INSPECTED BY: 56 ;A?.... •. A�/..r,.. -Z Q G. DATE � l y Telephone No: (i CB 1 ri4f6 -G417 White copy io file Yellow copy W operator Pink copy W Mining Spectolw 10197 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT / �� (PERMITTED MINE) C� 1. MINE NAME X 1/), �-ll� �� f1ioN `1 `�r<o���itc2. MINING PERMIT # 1�n '.'i Z 3. OPERATOR Mr. .a 4 4. COUNTY hlee .m t, 5. ADDRESS `/0`i5_ p1a-Sfrcel- A/% h'�</t.L NC .yZ8YV1 --� 6. PERMIT EXPIRATION DATE 4/V/67 ° ' Z. RIVER BASIN IK uS e. 8. Person(s) contacted at site Mr T lino..... 0 QAN;;t� lid 9. Was mine operating at time of inspection? ❑ Yes ,E�'No 10. Pictures? tE:Yes ❑ No 11. Date last inspected: 6 / 6 / O 7 12. Any mining since last inspection? OTYes 2'No 13. Is the mine in compliance with the Operating Conditions of the Permit? ,X Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes N:No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: wj 6, <" /c �oc,..wrnr�w- S� - P", Qtc� 2 )SCO alc11 Mt „ � c lcti rc�l4', r r. r, S','{ c i S V\elc cavry CACAChC. 17. Other recommendations and comments: f�rrn, i7irorleee.I. _ o�T riVGe� l- hefWC e.._ x.r m,tc 9(o - 32 eat 9G - yZ l i t 18. Is the Annual Reclamation Report +/-map accurate? /El Yes ❑ No (Explain) ❑ Not Reviewed HLe �_; ,.<„1, 104S19rn..(K.r ly Boras [In li., Je. L 19. Follow-up inspection needed? ❑ Yes S" No Proposed date —/--'/"- 20. No. of additional pages of Inspection Report_. 21. Copy of Report sent to operator ��`` p (date) INSPECTED BY: 15 G r 7 NO L/C`s' DATE //lk / O � Telephone No: (.2IQ `i '/&- (aykl White copy to_file Yellow copy to operator Pink copy to Mining Specialist 10197 1BEAM Mine EntN Screen Permit No. : � ✓d � 3a elease date et-d' e eage $' 1 creage Bond / x it ion e to u aAh !.t_ Mine acreage screen {releases . AAIA IIA I/'_ /"LJC/"YI 1!`T r•/�nJ [J/111TIA1/_ IVIIIVIlVV VrI Ll�1�L1.71 � VR RVU I IIVV /I 5$p' Applicant's Name- R&V s �fl ��tn1✓ Project Name: w iI�rr�WLtdavcs�/ r / i ApplicJPermit No.:gl._ County Auna , Date Received: l I '1/031 I A W . V Vl . ncvicwce uv�..�w.i-i River va5in ivamc: r � ❑ New R Renewal ❑ Modification (inside permit boundaries) 0 Moa'm""cation (oui5ide permit boundaries) 0 Transfer 0 RBIeaSe ❑ Partial Release Additional Information 0 Fee Needed: $ ❑ Fee Received: $ Please application package to- i �17 AC�a�r 4A J Regional Office (2 complete copies: attach the"1-05 Kegional Office Mining Application Review Checkllst"to one copy and attach bath the DWQ and DAQ "Mining Application Review Form"to the other copy, send both copies to the Regionai Engineer) Date: Routed Reed ❑ Division of Water Resources Date: Routed Reed 0 NC Wildlife Resources Commission Date: Routed Reed ❑ U5 Fish &Wildlife Service Date: Routed Reed (Only newapplicationa and modification requests that add land to the permit) Please route first 3 pages of the application and any location map to: 0 Division of Parks & Recreation Date: Routed Red ❑ NC Geological Survey Section Date: Routed Reed (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Reed (Only newapplicstions) 0Other.. Date: Routed Reed "SuSpeMee Date for Comments: 04 (no later than 25 days from receipt) 0 Please note the following: f 71 k"I� �1 R1f. 111Y�'',rn�Ir' ARA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section ,fames D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist Wiliam G. Ross Jr., Secretary January 18, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7099 3220 0009 7703 7241 Mr. Rex S. Whitfield 347 Highway 403 East iAuui it viva, iwi u i Val viiI iu GVJVJ RE: Permit No. 96-32 RECEIVED Whitfield Highway 55 East Mine JAN 3 Wayne County 12008 Neuse River Basin LANMrrvs arrY Dear Mr. Whitfield: RAM We have reviewed the renewal request application your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: The mine map indicated the haul road goes through Tillman Darryl Whitfield's property. A land entry agreement must be signed by Mr. Tillman Whitfield to clarify the Department's right to access the property. Please properly the enclosed form and return it to this office. 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 nrncessina of vnur annlica'Linn nleasP fnrwarrl the lanril entry agreement to my attention at the following address: Land Quality Section Division of Land Resources -- - -Department of-Environment and Natural Resources - --- - - - - --- 1612 Mail Service Center Raleigh, NC 27699-1612 1612 Mail Service Center, Raleigh, North Carolina 27699-16,12 • 919-i 33-4574 I FAX: 919-733-2876 512 North Salisbury Street,Raleigh, North Carolina, 27604 An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 0 0 Certified Mail Mr. Whitfield Page Two As required by 15A NCAC 5B.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must 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 Depairtment'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, 9Ad tdh A. ehner Assistant State Mining Specialist Land Quality Section Enclosure: Land Entry Agreement cc: Mr. Pat McClain, PE 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. 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 lake 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: tY/L�� , �,� ,P Signature: Print Name: VL/,P7A4,Lj 0. 1/ kII Print Name: Address: /�(�. QYp� d-'f0 Title: l.�r P/� I1 V/,may, Company "telephone: �f 9' 2 �-� Mine Name: W �lL✓/� /��lt'/V ���'I *Signature must be the same as the individual who signed Page 1 of this application. Six (6) copies of the completed application, six (6) conies of all location mans, mine maps and reclamation mairs, and the a ro riate rocessin fee (see next page for.fee schedule) in the form a check or money order payable to the North arohna Department of Environment and Natural Resources must be sent to the Land Quality 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. I RFC /�� �aN3 D M�0 1?ppB �M t All r NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary January 18, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7099 3220 0009 7703 7241 Mr. Rex S. Whitfield J'T! 1 ligh Yay 403 Last Mount Olive, North Carolina 28365 RE: Permit No. 96-32 Whitfield Highway 55 East Mine Wayne County Neuse River Basin Dear Mr. Whitfield: We have reviewed the renewal request application your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: The mine map indicated the haul road goes through Tillman Darryl Whitfiield's property. A land entry agreement must be signed by Mr. Tillman Whitfield to clarify the Department's right to access the property. Please properly the enclosed form and return it to this office. '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 the land entry agreement to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919.733-4574 I FAX: 919-733-2876 512 North Salisbury Street,Raleigh, North Carolina,27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled i 10%Post Consumer Paper e ® Certified Mail Mr. Whitfield Page Two A rani drarf by 1.r;A NC AC: r;R 0011 vni i nra harahv nrivicari that vni i haves 1 An riavc 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. Si cerely, n . J i % Jud�Aehner Assistant State Mining Specialist Land Quality Section Enclosure: Land Entry Agreement cc: Mr. Pat McClain, PE MINING CHECKLI5T FOR ROUTING Applieant'eName: Ag 5I ef/Pl( Project Name: i ) A o SS ., Applic./Permit No.: 9�Courity: WW[ it, Date Received: 14'11H G7 Reviewer. ( 1W K .✓ River 5a5in Name: / I/iiau ❑ New L�P�enewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑Transfer ❑Release ❑ Partial Release Additional Information ❑ Fee Needed: $ ❑Fee Received: $ Please route entire application package to: Ql I)iJtWk; nn 4fn ) Regional Office (2 complete copies: attach the"LQ5 Ptegional Office Mining Application Review Checklist"to one copy and attach bath the DWQ and DAQ "Mining Application Review Fonn"to the other copy, send both copies to the Regional Engineer) Date: Routed 9, fa cr,Rec'd ❑ Division of Water Resources Date: Routed /Rec'd ❑ NC Wildlife Resources Commission Date: Routed I Rec'd ❑ U5 Fish &Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Please route first .5 pages of the application and any location maps to: ❑Division of Parks & Recreation Date: Routed Rec'd ❑NC Geological Survey Section Date: Routed Reed (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Reed (Only new applications) 0Other.. Date: Routed Reed "5uspen5e Date for Comments: l hI IOA (no'later then 25 days from receipt) ❑ Please note the following: � / 5 4m , ` 0,014 Lu NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION Ku 18 2007 APPLICATION FORA MINING PERMIT �� (PLEASE PRINT OR TYPE) I. Name of Minewm / Rp �i1//77 .ham County River Basin. -j iI j!51 tiitt'udde, (dd.m^mss) Longitude (dd.mmss) 2. Name of Applicant* 62f41 C 1 3. Permanent address for receipt of official mail** Telephone 1A9 Alternate No. f ) 4. Mine Office Address � //e �71 rlrl�� '�10�14� 5. Mine Manager / � � t�r�)cze(2-'-'��l We hereby certify that all details contained in this Permit Application are true and correct to the best of nor knowledge. We fully understand that any willful misrepresentation of facts will be cause far permit revocation. ***Signature - II Date Pri at Name r 57� U Title —D/oh * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required .Taps provided before this application car, buc c.....,•.•dcrcd c..mplctc. Attach additional sheets as needed. OEC 18 Z�,�T 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. 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:� / �l APPLICANT: Signaturc lid� Signature:*-4 t , Print Name:Zi i/.xan (� WL.i f�:Ff�1 Print Name: Address: P'.0 /3� cq7 o Title: /W ,011 . 1 )/\). c 2-136 V Company: Telephone: �// 7 ' lL(� Mine Name: SS leyl 7 *Signature must be the same as the individual who signed Page I of this application. Six (6) conies of the completed application, six (6) copies of all location mans, mine mans 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. 4 � A NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist December 5, 2007 William G. Ross Jr., Secretary Certified Mail Return Receipt Requested 7006 2760 0001 9283 8599 Mr. Rex S. Whitfield 347 Highway 403 East Mount Olive, North Carolina 28365 RE: Whitfield Highway 55 East Mine Permit No. 96-32 Wayne County Neuse River Basin Dear Mr. Whitfield: We have reviewed the additional information and renewal request you submitted for the referenced mine site. However, the following information is needed to continue processing your application: Currently the permittee and applicant is Rex S. Whitfield. The renewal request lists the applicant as Rex Whitfield. Please complete the enclosed page 1 and 18 with the applicant as Rex S. Whitfield. If you wish to change the permittee to Rex Whitfield you must request this in writing and pay a modification fee of $100.00. In addition the entire bond must be replaced reflecting the new name of the permittee and applicant. Please note, the Land Quality Section may request additional information, not included in this letter. as the mining application review nroaresses The reclamation bond has been calculated using the information submitted on the revised mine map. The reclamation bond for this site would be $13,100.00. The calculation worksheet is enclosed for your review and the new bond or balance ($1,300.00) will be required prior to approval of this renewal request. For your convenience, I have enclosed a bond form, an assignment of a savings account form and irrevocable standby letter of credit form for your use in securing the required bond. The name on the security must be the same as the name appearing on the application for a mining permit, i.e., Rex S. Whitfield. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Certified Mail Mr. Whitfield Page 2 Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In order to complete the processing of your application, please forward two (2) copies of the requested information and the bond to my attention at the following address: 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 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 filar at thin anri of thin 1 Rn-flax, narinrl 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, 0 `( Judith A. Wehner A_ _1_�1 !'late Al'- - Specialist Mssistant State Mining Specialist Land Quality Section Enclosures- Pages 1 and 18 Bond Forms Bond Calculation Worksheet CC' Mr. Pat McClain, PE 3 a E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range ofSj00 to S5.000 per uJjected acre)for each permitted mine site based upon the acreage approved by the Department to be gjected during the lij'e of the mining permit. Please insert the approximate acreage for each aspect of the mining operation that you intend to affect during the life of this mining permit (in addition please insert the appropriate reclamation cosdacre !or each categary from the Schedule of Reclamation Co.srs provided with this application farm) OR you can defer to the Department to calculate vour bond for you based upon voar maps and standard reclamation casts: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: Ac. X S /Ac. = S i Stockpiles: Ac. X $ /Ac. = S Wastepiles: Ac. X S /Ac. = S Processing Area/Haul Roads: .0 6 Ac. X S /5Qrj"' _/Ac. = S 90 Mine Excavation: 11�7 Ac. :C S _/Ac. = $ S(o�Sve Other: a .A 7 Ac X S I OA°O /Ac. = S SQ510� TOTAL AFFECTED AC.: /Vj A . Ac. (TOTAL PERMITTED AC.: !YA J Ac.) 411 d+dtd it/ A 0"7 Temnorary ,�PeRnaner S! mentStion Sc Erosio Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage m • any Ac. b) Positive Drainage ,O Ac. X $1,500.00 = S SUBTOTAL COST: S /�I 981 w Inflation. Factor. 0.02 X SUBTOTAL COST: S��B ]_6O X Permit Life (I to 10 years): iD INFLATION COST: S a.196. all TOTAL COST = SUBTOTAL COST + INFLATION COST = $ f 1 172 a/) i Total Reclamation Bond Cost: S a /00 eo (round down to the nearest 5100.00) �IteCO on 0/� dO 0A, & Y1tec 5 l 900 • R# '�`dt 3 E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of$500 to $5,000 per a jeeted acre)for each permitted mane site based upon the acreage approved by the Dep�artment to be a ecled during the life of the mining permit. Please insert the approximate acreage (or each aspect a the mining operation that you intend to affect during the life of this mining permit -'in addition please insert the appropriate reclamation cost/acre for each ca(eeory Frans the Schedule of Reclamation Costs provided with this application form) OR you can defer to the Department to calculate your bond for you based upon your maps and standard reclamation costs: s AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. _ $ i Stockpiles: Ac. X $ /Ac. _ $ Wastepiles: Ac. X $ /Ac. _ $ Processing Area/Haul Roads: yO 6� Ac. X $ /E&O/Ac. _ $ 0 00 Mine Excavation: &A7 Ac. X $ QVJ /Ac. _ $ 8(o35db Other: 3 02 Ac. X $ -%Qb!° /Ac. TOTAL AFFECTED AC.: /v,a y Ac (TOTAL PERMITTED AC.: 1 V AT Ac.) bwMa� t ^uicrnw�. dxdtd q/6A/" Temporary & ermanent Sediment Lon & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage /y . ay Ac. b) Positive Drainage FI Ac. X $1,500.00 = $ SUBTOTAL COST: $ ICI 4$I 60 Inflation Factor 0.02 X SUBTOTAL COST: $ 10,�15160 X Permit Life (I to 10 years): !D INFLATION COST: $ d.19(e.aa TOTAL COST = SUBTOTAL COST + INFLATION COST = $ /_I /72 all Total Reclamation Bond Cost: S 13, 10004 (round down to the nearest $100.00) oco00 ^ httk5 1I3d0 � 96-32 Subject: 96-32 From: Gary Novak <Gary.Novak@ncmaiLnet> Date: Wed, OS Dec 2007 08:26:20 -0500 To: Judy W ehner Qudy.W ehnerca ncmai I.net> Judy, Pit area fit containing 11. 22 acres is reclaimed and is releasable. The site was inspected on November 21, 2007 . I sent the release form to Mr. Whitfield on the 26th along with the inspection report. If you have any questions please contact me? Later, Gary d ' Gary Novak <y,ary.novakrncmaii.nev Environmental Specialist Division of Land Resources, Land Quality Section NCDENR VV �x k� VU �9 ,a, I of I 12/5/2007 8:49 AM i Rex Whitfield, Highway 55 East Mine 96-32 0 0 Subject: Rex Whitfield, Highway 55 East Mine 96-32 From: Gary Novak <Gary.Novak@ncmail.net> Date: Mon, 26 Nov 2007 10:52:32 -0500 To: Judy Wehner <Judy.Wehner@ncmail.net> Judy, Could you send a box of Bond Release forms? we are out. Or do you suggest we use the form that is online? The online form as you know would not be color coded as the form indicates. if you have any questions about our comments give me a call? Later, Gary ps: Hope you had a great Holiday. I did. Gary Novak <gary.novak o rtcmail.net> Environmental Specialist Division of Land Resources, Land Quality Section NCDENR com men twhitficid9632wayne26Nov07.doc Content-Type: application/msword Content-Encoding: base64 I of 1 11/26/2007 1 1:17 AM a • DIVISION OF LAND RESOURCES LAND QUALITY SECTION November 26, 2007 MEMORANDUM TO: Judy Wenner Assistant State Mining Specialist THROUGH: Pat McClain FROM: Gary Novak Washington Regional Office RI:: Whitfield Highway 55 East Mine Renewal and Partial Bond Release Permit No. 96-32 Wayne County Neuse River Basin The application for a permit has been reviewed with the following comments made: A site visit was conducted on November 21, 2007 with the following comments made: 1 part' 7 of ilia nnnlientinn indirntfc the nnrtinl release of 1 1.2.2 acre$_ The than indicate- the nartial release of 10.52 acres. Please clarify which amount you are requesting to be released? 2. Permanently mark the boundary between permits' 96-32 and 96-42. The boundary is difficult to determine due to the extent of the excavation of Pit##1. (Overlapping of the boundaries is very possible especially if disagreements occur over bond release or cancellations). Please call if you have any questions? 0 0 MINING CHECKLIST FOR ROUTINGS Applicant's Name: /9A l/)u4ll t�4 Project Name: VoaLld U e Applic./PerrnmitA No//.:: %3a CCU nty: &�q&p Date Received: U Reviewer: l/ w,L River Basin Name: / ❑ New I Renewal I 0 Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑Transfer Apelease ❑ Partial Release Additional Information 0 Fee Needed: $ ❑ Fee Received: $ Plrasr. mutt. entire application page to: �� �Il�stil /✓� / Regional Office (2 complete copies; attach the "LO5 Regional vmce raining Appucation Keview LhecKlist-to one copy and attach b2th the VWU and VA(d "Mining Application Review Form" to the other copy; send bath copies to the Regional Engineer) Date: Routed h S l 7 Reed n rlFd�:,.. , UL�+a.. Pe�,...��e._ n,,.e. D....teJ PeJJ ❑ NC Wildlife Re5ource5 Commission Date: Routed Reed 0 U5 Fish & Wildlife Service Date: Routed Reed (Only new applications and modification requests that add land to the permit) Please route first 3 pages maps to the application and any location ma to: ❑ Division of Parks & Recreation Date: Routed Feed 0 NC Geological Survey Section Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & Hi5tory Date; Routed Rec'el (Only new applications) ❑Other. Date: Routed Rec'd "5uspense Date for Comments: 1113D/O (no later than 25 days from receipt) j ❑ Please note the following: f'LG�JIG-s B. R. KORNEGAY, INC. LAND SURVEYING • ENGINEERING • PLANNING P.O. Drawer 1435 • 300 E.Walnut Street Goldsboro, North Carolina 27533-1435 919-735-5886 Fax 919-580-9053 November 2, 2007 f ''— .' Judy Wehner ham/ I NCDENR-DLR-LQS ` +-IOU 1612 Mail Service Center aIAND 7 i�;, ir1,grni10\ ' Raleigh, NC 27699-1612 Project: Whitfield Hwy.55 E. Mine— Renewal and Modification Wayne County, NC Judy: Please find enclosed the following documents of the above listed project for your review and approval. Please note that this application is for a mine renewal and modification to release 11.22 acres of the previously permitted mine. I. Two copies of mining permit application. 2. Six copies of mine map. 3. Six copies of USGS map. 4. Six copies of NCDOT county map. Please call me if you need any further information. Sincerely, Jeffrey L. Kornegay, PE, PLS kornsep@bellsouth.net L �;.. - QU`11TY,qECT10,N ote ei 2%V7 NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 733-4574 Revised 2/2007 ® A 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) 1. Name of Mine Whitfield Hwy 55 East Mine County Wayne River Basin Cape Fear Latitude (dd.mm.ss)35-11-26 Longitude (dd.mm.ss) 77-59-23 2. Name of Applicant* Rex Whitfield 3. Permanent address for receipt of official mail** 347 Hwy 403 E., Mount Olive, NC 28365 Telephone ( 919 ) 580-6061 Alternate No. ( ) 4. Mine Office Address 347 Hwy 403 E., Mount Olive, NC 28365 Telephone ( 1 5. Mine Manager Rex Whitfield We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature t� f < Date r Q Print Name Rex Whitield Title Mine Manager * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. - G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. - I - Revised 2/2007 APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding,detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all 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): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: 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.: 96-32 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 26.17 9r® 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.: 96-32 Total permitted acreage: 26.17 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): 14.95 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. of this 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$50.00 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 forTRANSFER of a mining permit, indicate the miningpernit 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. Gravel, Borrow 3. Mining method: ® Hydraulic Dredge ® Front-end Loader&Truck ® Shovel & Truck ® Dragline & Truck ® Self-loading Scraper Other(explain): * This permit modification is far a partial release of I L22 acres from the previously permitted mine area. -2- Revised 2/2007 APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) 15 feet Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) existinu natural around b. Expected average depth of mine (feet) 12 feet 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? 6. Number of years for which the permit is requested (10 years maximum): 10 years �T B. MAPS 1. Clearly mark and label the location of your mining operation on six(6)copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5'h Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 www.geology,enr.state.nc.us/ County highway maps may be obtained from the N.C. Department of Transportation: GIS Department 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919) 212-6000 www.ncdot.org/it/gis 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 or ail processing plants processing plants may ne aescrmea as to location ana distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location-and acreage of all planned and existing access roads and on-site haul roads. 1. Location of planned and existing on-site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining -3 - Revised 2/2007 APPLICATION FOR A MINING PERMIT permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. p. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway;creek,stream,river,or other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary,must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County S. grale 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 SCALE 0-99 Acres 1 inch = 50 feet 100-499 Acres 1 inch = 100 feet 500+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- Revised 2/2007 ® e APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine man that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles,processing are aPoaul 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 acres Stockpiles 0 acres Wastepiles 0 acres Processing Area/Haul Roads 0.05 acres Mine Excavation 11.27 acres Other(Explain) (unexcavated buffers) 2.92 acres Total Disturbed Acreage 14.24 acres NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE-SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONSISTATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -s - Reused 2rz0o7 APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the seauence of events for the development and operation of the mine and referenre the sequence to the mine map(s). Attach additional sheets as needed. The mine is currently in operation. No future development is proposed 2 Descrihe Rnecific ernsion control me.aRnreR to he installed nrior to land distjtrhinn activitieR sand din-inn mining to prevent offsite sedimentation(include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine maps) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. Mining is done in an open pit. All runoff and sediment will remain inside the pit. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ❑ No Z. 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? YesU No Z. Ifyes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). - 6- Revised 2/2007 ® 0 APPLICATION FOR A MINING PERMIT 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 ®. rC---- ---1--` -.__.---a 'C----- --_[11 .- -- J-----`- - - 1----- -- - -'-�A- ----11_Pl T'^_.' .. _. _ 1 •.l. .] 1 a 11 yes, Wilat illipal:t, Il ally, Will II mine UCWalerillg'nave on I eig-liDoring Wells: Estimated withdrawal rate in gallons per day: Locate all existing wells on the mine map(s) that lie within SO�feet 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. 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. A NPDES permit application will be sumitted although not dewatering is proposed. 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. 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? A water truch will be used to spray the haul road as needed to control dust. - 7 - Revised 2/2007 APPLICATION FOR A MINING PERMIT 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. Shaw all buffer locations and widths on the mine map(s). 25 feet minimum b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). A 50 feet undisturbed buffer will be along Williams Mill Pond. A 50 feet unexcavated buffer will be located west of the undisturbed buffer. 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. A minimum 3:1 slope shall be maintained on all excavated slopes. -x- Revised 2/2007 APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine map(s)for all fill slopes (berms, wastepiles, overburden disposal areas, etc), clearly indicating the intended side slope gradient, installation of any benches and/or .clone drains (with sunnortinv design information) if needed. and the method of final stabilization. There will be no berms, waste piles, or overburden disposal areas. c. In excavation(s)of unconsolidated(non-rock)materials,specify the angle of all cut slopes including specifications for benching and sloping. Crass-sections for all cut slopes must be provided on the mine map(s). The angle of all cut slopes will be 3:1 minimum. There will be no benching or sloping. d. In hardrock excavations,specify proposed bench widths and heights in feet. Provide cross-sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. There will be no hardrock excavations. 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house_ public read_ public- commercial or industrial buildinu, from any mine excavation. I.ocate all such structures on the mine map if they are within 300 feet of any proposed excavation. Excavation will be limited to a depth of 15 feet. No excavation will occur within 100 feet of any structure or public road. No explosives will be used. Water depth will be 5 — 6 feet r 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, aonrooriate fencing and adeauate boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each type of barricade to be used must be indicated on the mine map(s). There will be no high wall areas. -9- Revised 212007 APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes ❑ No Z. 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 of all visual screening on the mine maps)and provide cross-sections through all proposed berms or proposed spacing, sizes and species for tree plantings. The mine will be screened by existing trees and woods. 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 non of the above nearby. 11. Will explosives be used? Yes ❑ No Z. If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program(such as a third-party blasting study). Locate the nearest offsite occupied structures) to the proposed excavations) 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 will be stored and method of containment in case ofspill. Indicate the location(s) of all storage facilities on the mine map(s). - 10- Revised 2/2007 APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN I. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition'minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on-the mine map(s). In addition, design information, including typical cross-sections, of any . . permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent channels must be indicated on the reclamation map. The mine will be converted into a pond. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ® No ❑. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-sections) through the proposed body(s) of water. The minimum water depth must beat 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 ®. If yes, specify species. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end-to-end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. There will be no excavation in rock. Revised 2/2007 APPLICATION FOR A MINING PERMIT 4. Indicate the method(s)of reclamation of overburden,refuse,spoil banks or other such on-site mine waste areas, including specifications for benching and sloping. Final cross-sections and locations for such areas must be provided on the reclamation map. No overburden, refuse or spoil banks will remain. There will be no benching. 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. There will be no processing facilities or stockpile areas remaining. The haul road will remain for access to the site. b. Will any on-site roadways be left as part of the reclamation? Yes ® No ❑. if yes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization. The existing haul road will remain for access to the site. There will be no roadside ditches associated with the haul road. 6. Describe the method of control of contaminants and disposal of scrap metal,junk machinery, cables,or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971). No off-site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of 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 map(s) and reclamation map, along with a list of items to be disposed in said areas. There will be no contaminants, scrap metal,junk machinery, cables or other such waste products. - 12- Revised 2/2007 s � APPLICATION FOR A MINING PERMIT 7. Describe--your 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 permanent revegetation and,if necessary, 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; gg 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: 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 reforestado lan appr by: Signature: 'cIa . Date Print NT me Kfl ZI:A S• ��i-�/' Title �-,S-{�,�:�T CcS�52.( Jr-(-•ISYt—ST Agency USDA— -13- May 18, 2007 SEEDING PLAN- REX WHITFIELD MINE LOCATION- nlr` qq 7 miloe cnet of RAni int nii,o AREA TO BE SEEDED- Approximately 15 acres SOIL TYPES- Lucy Loamy Sand LIME AND FERTILIZER- Where amendments can be incorporated and soils are reasonably uniform, lime and fertilize according to soil test. In the absence of a soil test, apply 2 tons of finely ground dolomitic limestone per acre and 800 pounds of 20% superphosphate or equivalent per acre. Additional analyses of fertilizers to use at seeding are.1,000 pounds per acre of 10-10-10 or equivalent. An additional application of 50 pounds of nitrogen per acre plus other nutrients is usually needed within three (3) to twelve (12) months after planting. Application should be based on soil test. Where site conditions prevent soil incorporation of lime and fertilizer, soil samples should be taken prior to applying soil amendments. Indicate on the soil test.information sheet that the lime and fertilizer will be applied by means of . hydroseeding equipment or cannot be incorporated in order to obtain proper recommendations. If soil test results are not available at seeding, and site conditions prevent soil incorporation, the first application of lime and fertilizer will be one (1) tort of finely ground dolomitic limestone and 400 pounds of 10-10-10- fertilizer per acre or equivalent. This rate also applies when hydroseeding. Then apply identical amounts at the beginning of the first growing season after seeding. SEEDBED PREPARATION- Work lime and fertilizer into the soil where conventional equipment can be used. Use disk or similar equipment to prepare to depth of 3-4 inches. Use ripper if necessary. Lime and fertilize may be applied with seed mixture when a hydroseeder is used and where mulch will be applied. Seedbed preparation may not be necessary where hydroseeding equipment is used. Slopes that are too steep for conventional equipment (2:1 or steeper) should be seeded with hydroseeding equipment. Where hydroseeding equipment is not available for use on steep slopes, scarify the.soil surface with a.chain harrow, pick chain, grader blades with chisel, hand tools or other equipment that will make trenches approximately 1-2 inches deep, 6-12 inches apart across the slope in which the seed can lodge and germinate. SEEDING- Recommended seeding dates- February 15- April 30 and September 1- October 31 80 Ibslacre KY-31 Tall Fescue and 50 Ibslac Bahiagrass 30 Ibslac Sericea lespedeza 10 Ibs Kobe lespedeza LJ. -LVYeen Apr 11 1 5 and r-%U!JUst 15, add 1 V ILLJ177l G^ir'--. mll I%,L or l yibsla -en Sudangrass. Prior to May 1 or after August 15 add 25 Ibslacre rye (grain). Between September 1 and March 1, use unscarified sericea seed. MULCH Use dry, unchopped, unweathered small grain straw or hay free of seeds of competing plants. Spread at the rate of 2 tons per acre. Evenly spread mulch over the area by hand or mechanical equipment. Apply mulch uniformly so that about 25% of the ground surface is visible. IRRIGATION if the soil molsture Is defi6eiit, supply new plantings witli adequate water. J-Y 'inches penetration for plant growth at 10-day intervals if needed until they are well established., This is most important on late season planting,-in abnormally dry, hot seasons. Patricia Gabriel District Conservationist • • APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND Thefollowing bond calculationworksheet is to be used to establish an appropriate bond(based upon a range of$500 to $5,000 per affected acre)for each permitted mine site based upon the acreage approved by the Department to be affected during the life o(the mining permit. Please insert the approximate acreage for each aspectofthe mining operation that you intend too ect during the life ofthis mining permit tin addition,please insert the appropriate reclamation cost/acre (or each category from the Schedule of Reclamation Costs - provided with this:apolication form) OR you can defer to the Department to calculate your bond for you based upon your maps an�stand�amation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: 0 Ac. X $ /Ac. _ $ Stockpiles: 0 Ac. X $ /Ac. _ $ Wastepiles: 0 Ac. X $ /Ac. _ $ Processing Area/Haul Roads: 10.05 Ac. X $ 1800 /Ac. _ $ 90 Mine Excavation: 11.27 Au. X $ 500 /Ac. _ $ 5,635 Other: (Unexcavated Buffer) 2.92 Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: 14.24 Ae. (TOTAL PERMITTED AC.: 14. 95 Ac.) Temporary& Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 14.24 Ac. b) Positive Drainage 0 Ac. X $1,500.00 = $ 0 SUBTOTAL COST: $ 5,725 Inflation Factor: 0.02 X SUBTOTAL COST: $ 5,725 X Permit Life (1 to 10 years): 10 INFLATION COST: $ 1,145 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 6,870 Total Reclamation Bond Cost: S 6,800 (round down to the nearest $100.00) - 14- Revised 2/2007 o • 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 maybe reasonably required in the administration of the Mining Act of 1971. 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 maybe 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: W Signature:* Print Name: Rex Whitfield Print Name: Rex Whitfield Address: 347 Hwy 403 East Title: Mine Manager Mount Olive, NC 28365 Company: Telephone: 919-580-6061 Mine Name: Whitfield Hwy 55 East Mine Telephone: ( 1 *Signature must be the same as the individual who signed Page I of this application. One original and five (5) copies of the completed application, six (6) copies of all location maps, mine maps and reclamation maps:and the appropriate processing fee(see next page for fee schedule) in the forma check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality 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. - 1 s - Revtwd 2/2007 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 197E . . - .We further grant to the Department.or its appointed representatives the right to make whatever entries onthe 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 purstiant to G.S. 74-59. LANDOWNER: APPLICANT: ' �A / ' l - '� Signature: �-G-�..- r"• 'V�-1 �-�J Signature:' Print Name: Tillman Darryl Whitfield Print Name: Rex Whitfield Address: P.O. Box 270 Title: Mine Manager Mount Olive, NC 28365 Company: Telephone: 919-222-6126 Mine Name: Whitfield Hwy 55 East Mine Telephone: f 1 *Signature must be the same as the individual who signed Page I of this application. Six 6) copies of the completed application, six (6) copies of all location maps, mine maps and reclamation maps,and the appropriate maps,and the appropriate processing (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 Ouali�Section Central Office 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. - 18 - Revised 2/2007 APPLICATION FOR A MINING PERMIT 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: TYPE ACRES NEW MAJOR PERMIT MODIFICATION RENEWAL Clay 1 but less than 25 $500 $250 $250 25 but less than 50 1000 500 500 50 or more 1500 500 500 Sand& Gravel, 1 but less than 5 150 100 100 Gemstone,and Borrow Pits 5 but less than 25 250 100 100 25 but less than 50 500 250 500 50 or more 1000 500 500 Quarry, Industrial Minerals, 1 but less than 10 250 100 100 Dimension Stone 10 but less than 25 1000 250 500 25 but less than 50 1500 500 500 ea Senn ena ran JV or llOr a .JVV OVV JVV Peat& Phosphate 1 or more 2500 500 500 Gold (Heap Leach),Titanium &Others 1 or more 2500 500 500 A nonrefundable$50.00 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 buffer zone requirements,where no plans for mining related disturbance of the added lands have been approved. All other changes are considered major modifications. Acres far new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land 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. - 19 - Revised 212007 APPLICATION FOR A MININARMIT • 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, ITS = Feldspar; MI w Mica, LI = Lithium, PF= Pyrophyllite, OL = Olivine, KY = Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI =Titanium, and OT = Other Type T/S Ponds S.piles W.piles P.area/H.R. Mine Excay. SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $500/ac.(L) Borrow 1500(FI) $2000(PD) CS, DS, 500(L) 1800 2000 2000 500(L) FS, Ml, 1500(FI) 2500(PD) Li, PF, OL, KY PH 1000(L) 2500 5000 5000 2000(L) 2500(Fl) 5000(PD) CL 1000(L) 2500 5000 5000 2000(L) 2500(Fl) 3700(PD) PE, AU, 1000(L) 2500 3000 3500 2000(L) TI, OT 2500(F1) 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 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, 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 OF THE DIRECTOR'S FINAL BOND DETERMINATION. 1,000 copies of this public document were printed at a cost of$845.81 or$.85 per copy. 412002 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES-LAND QUALITY SECTION -21- i p _ . ice a Mir WAYN E NORTH ( NORTH CAROLINA DEPART OMGION OF MIG J -•�` � .,, ( \Y U.GDEPARTMENTC ,•� , � •\d FEDERAL HIGHWA �� �IO1FElD NNM 66 YOR ✓ y� .e., u. � ,„• ,COUNTY \! OIXT W W B'0 10 W 07 °5 .S 00'W O7T 50. 0'W O Z°5 00'W O F°5 . 00 W 41 PP I I I 1 1 1 , P�' PO . I I I i PT ' P I I I I I I — a �7 �' �� � � �` •,-'� ,:� �f; ���/�r!-Ili -i' `/ �_a = � _ 11 tl ill O] 7 / /• . ) c t q { - /��l �WhilBkmIMy.55 Mine lito L �ni, t�ao /Xtit f/ � ' � ✓ / /�����-7 � Y.-���fJY)I/ g7p• pplgpOd W 1 �0�� IOD�0000'W I �077° 59�SLIOtl W D7T58�ObOV W Obf I5B.50dp W I I I I �077 158.ObM W I 1 14 e iName: Wnc/pro135077188C P24 Low9on: 035° 11.4064' N 077°59.W94'W Date: I U112007 Caption: Whitfield Hwy.55 E. Mine Scale: 1 inch equals 2000 feet Peril No.96-32 roppl9m Icl 1sae,mama+.Irc 0 0 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Michael F. Easley, Governor William G. Ross Jr., Secretary June 26,2007 John Morris, Director MEMORANDUM TO. Ms. Judy Witmer Land Quality Section FROM: Gabrielle Cooper Ground Water Management Section - Division of Water Resources SUBJECT! Comments on the Mining Permit Renewal Application Request for: Rex Whitfield Rex Whitfield Flwy 55 East Mine Wayne County Please find attached a copy of the mining permit application request for the above referenced project. . "fhe Rex Whitfield Hvvy 55 Fast Mine located in Wayne County does not appear to have an unduly adverse affect on groundwater supplies since there is no dewatering proposed on site. However, if the mine starts to withdraw 10,000 gpd to 100,000 gpd of water, they will need to rceister their water withdrawals and if this mine starts to withdraw 100,000 gpd or more of wafer, they will need to obtain a CCPCUA permit. A Central Coastal Plain Capacity Use Area (CCPCUA) permit must be obtained from the Division of Water Resources if the withdrawal exceeds 100,000 gallons per day and occurs in Beaufort, Carteret, Craven, Duplin, Edgccombe, Grecne, .ions, Lenoir, Martin, Onsiow, Pamlico, Pitt, Washington, Wayne, or Wilson County. If you have further questions please contact the Division of Water Resources at (919) 715-5J70 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. A�C$NED / JUN 26 � 2007 / �Q QUALITY SECTION 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 One Phone: 919-733-40641FAX: 919-733-35581Internet: vrincwater.org NorthCarolina An Equal Oppei(AHrinn ive Ad ion Employes-50%Reardon!11D%Post Consumer Paper Naturally I NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist May 30, 2007 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group 511:21Vq Division of Water Resources JUN 2007 FROM: Brenda M. Harris Mining Program Secretary nMStNOMATERRM Land Quality Section OURC�S SUBJECT: Mining Permit Renewal for Rex Whitfield Rex Whitfield Hwy 55 East Mine Wayne County ❑ Mine Dewatering Proposed ® No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification rPmjP-,t fnr the PhnvP rafprPnr.Pd nrniPr.t Please review this information and advise as to the probability of this operation having unduly adverse effect on June 22, 2007 so that we may complete our review of this request within our statutory time limits. 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 gI Vl,ll IUYVQiGI l.tl,lal lUly VI gi.iCully. 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 Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX 919-733-2876 512 North Salisbury Street, Raleiqh, North Carolina, 27604 0 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Michael F. Easley, Governor Director and State Geologist June 26, 2007 William G. Ross Jr., Secretary Certified Mail Return Receipt Requested 7002 3150 0003 7044 5045 l Mr. Rex Whitfield 347 Highway 403 East Mount Olive, North Carolina 28365 RE: Whitfield Highway 55 East Mine Permit No. 96-32 Wayne County Neuse River Basin Dear Mr. Whitfield: We have reviewed the renewal request you submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. Revise the mine map to show the current 26.17 permit boundary and 19.3 affected acreage boundary. The current approved mine map was dated December 16, 1996 and received by the Land Quality Section on October 12, 2000. 2. Include all access roads and provide acreage for the roads. If a new haul road has been added, a modification request must be requested. Also show the residential structures near the mine site. 3. It appears pit no. 1 has exceeded its approved boundaries. Please show the existing pit limits. A modification may be required if the pit exceeds the approved limits. 4. If your intentions are to release the original 11.2 acre pit area located southeast of pit no. 2, indicate so on the mine map and request the release in writing. 1 Please be advised lI at VuI 1evle YY c a n n Vl [.,V I I I P I�LC.l.I UI I k I 1 011 VI U10 ILGIIIa 11J1�V 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. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 I FAX: 919-715-8801 512 North Salisbury Street,Raleigh, North Carolina 27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper o � Certified Mail Mr. Whitfield Page T%AIn 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: 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 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline 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, Judith A. ehner Assistant State Mining Specialist Land Quality Section cc: Mr. Pat McClain, PE NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. - Michael F. Easley, Governor Director and State Geologist May 30, 2007 William G. Ross Jr., Secretary MEMORANDUM TO: Dr. Steve Everhart ��� 456 �8 Habitat Conservation Program Coordinator pj 2�p1 O '9 Wildlife Resources Commission `✓ FROM: Brenda M. Harris /FDA" :n ��a Na .� Mining Program Secretary �- Land Quality Section SUBJECT: Mining Permit Renewal for Rex Whitfield RECEi��.�2rby-' Rex Whitfield Hwy 55 East Mine JUN l s Wayne County 2007 Please find attached for your review a copy of the mining pe mit 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 June 22, 2007 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. RE T URN ALL APPLiCA T i0N rVIA T ERIALS AND MAPS 'WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. lbmh L/O7ylj7l % ^ Lcn.c`^Ja" Attar_.hments Ij TI� c �7� T f I r cc: Mr. Pat McClain 9V Wd7 YdA AfGGf�12 � ( lra 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 IFwd: Permit Renewal 96-32 Whitfield Hwy 55 E. Mine] 0 0 Subject: [l=wd: Permit Renewal 96-32 Whitfield Hwy 55 E. Mine] From: Pat McClain <Pat.McClain@ncmail.net> Date: Mon, 11 Jun 2007 15:23:21 -0400 To: Judy Wehncr<Judy.Wehner@ncmai 1.net> CC: Gary <Gary.Novak a ncmail.net> Gary's comments -------- Original Message -------- Subject:Permit Renewal 96-32 Whitfield Hwy 55 E. Mine Date:Mon, 11 Jun 2007 13:59:08 -0400 From:Gary Novak <Gary.Novak (,ncmail.nct> To:Pat McClain <Pat.McClain a,ncmail.net> Pat, Please review as soon as you can my comments to send to Judy. I will send them up once I get your comments. Thanks, Gary Pat McClain, PE Land Quality Regional Engineer - Washington Region NC Dept. of Environment and Natural Resources 943 Washington Square Mall Washington, NC 27889 Office 252-946-6481, fax 252-975-3716 Content-Type: applicationlmsword commentwhitfie1d9G32waynell June{)7.doc Content-Encoding: base64 1 of l 6/1 1/2007 4:15 I'M DIVISION OF LAND RESOURCES LAND QUALITY SECTION June 11, 2007 MEMORANDUM TO: Judy Wehner Assistant State Mining Specialist THROUGH: Pat McClain FROM: Gary Novak Washington Regional Office RE: Whitfield Highway 55 East Mine Renewal Permit No. 96-32 Wayne County Neuse River Basin 1 he [Ip�111G[Il1Ul1 lVl [1 F1Glllllt hasUGGII reVje"Vivu wltll UK; 1VIWwl11 �.or1i 1111.11W riia�w. A site visit was conducted on June 6, 2007 with the following comments made: 0tc �lotlierhaul road isbeingused northwest ofpit#2 just outside the currently shown tree lineand proceeds pit #]. Modify the permit to include the new haul road. 2. The original permit map included a pit south of pit#2 on the Res S. Whitfield property. The file did not indicate that the Rex Whitefield was not released. Also should be noted that Pit #2 has not been excavated. 3. Pit#1 is larger than the proposed pit 41 as indicated on the permit renewal map. 4. Prior to this inspection two residential structures existed. Only one remains that structure is not shown on the map. Provide the location of the current structure within the permit area or in close proximity to the permit, Please call if you have any questions? � 7 1 � � }. �. � E .. �� } � 51 ' �f � � � 1 ,�J • , MINING CH ECKLI5T FOR ROUTING / Applicant's Name: Add IA.�t+�,Ar /Project Nome: ��u�� eld//v.,. / S-&'AeJ Q Applic./Permit No.:Q�-3aCounty: U)n.n,, Date Received: 5/Dq lo-I Reviewer: River Basin Name: / Z44 ❑ New E7,Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑Transfer ❑Release ❑ PartialRelease ❑Additional Information 0 Fee Needed: $ ,QFee Received: $ Loe please route entire application package to: i �� L1�A41n; z I � Regional Office (2 complete copies: attach the LQS.K�gional Office Mining Application Review Checklist" to one copy and attach kth the W—Q.and�AQ) "Mining Application Review Form"tc the other copy: Send bath copies to the Keg aPEn'gineer) Date: Routed Sl30 DRecd n, . Division of Water Resources Date: Routed I Rec'd &NC Wildlife Resources Commission Date: Routed Rec'cl ❑ U5�Fish & Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) PI as . route first 3prages of the application and any location maps to ❑ Division of Parks & Recreation Date: Routed Rec'd ❑ NC Geological 5urvey Section Date: Routed Reed (Only new applications and modification requests that add land to the permit) F Division of Archives Histnry Dater Rnirtrd Rec'd (Only new applications) ❑ Other. Date: Routed Rec'd **5u5penye Date for Comments: (01a.21� (no later than 5 days from receipt) 0 Please note the following: W.,Yf14n � �OMaJ NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section .lames D. Simons, P.G., P.E. Michael F.Easley, Governor Director and State Geologist - May 30, 2007 William G. Ross Jr., Secretary IVIEIVILIRAIV DU IV TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris +6104 Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Rex Whitfield Rex Whitfield Hwy 55 East Mine Wayne 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 June 22, 2007 so that we may complete our review of this request within our statutory time limits. 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 thep.erson_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 Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh,North Carolina, 27604 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist May 30, 2007 William G.Ross Jr., Secretary MEMORANDUM TO: Dr. Steve Everhart Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris A5Ak+J Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Rex Whitfield Rex Whitfield Hwy 55 East Mine Wayne 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 June 22, 2007 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, ally colt ments your agency %air provide r@yarding effectu on ! rildlife 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 Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 I FAX 919-733-2876 512 North Salisbury Street,Raleigh, North Carolina, 27604 0 1 • B. R. KQRNEGAY, INC. LAND SURVEYING - ENGINEERING - PLANNING P.O. Drawer 1435 - 300 E.Walnut Street Goldsboro, North Carolina 27533-1435 919-735-588fi Fax 919-580-9053 i May 22, 2007 NCDENR-DLR-LQ S 1612 Mail Service Center Raleigh, NC 27699-1612 a�PL Project' Rex Whitfield 1-lwv $5 East Mina - RapPwal �NQ Wayne County, NC To Whom It May Concern: Please find enclosed the following documents of the above listed project for your review and approval. I. Six copies of mining permit applications. 2. Six copies of design drawings. J. CIIccK "f ,42D 111 L111G Q111VU11L V1 .DIVV.VV I U I CCS. Please call me if you need any further information. Sincerely, �--oa//y-7� Daniel M. Taylor NORTH CAROLINA MINING PERMIT APPLICATION state of North Carolina Department of Environment And Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service center Raleigh , North Carolina 27699-1612 (919) 733-4574 Revised 4/2002 NOTE: It is recommended that you contact the appropriate Regional Office (see Regional Office listing in the back of this booklet) or the Raleigh Central Office for a PRE-APPLICATION MEETING I To discuss your intentions and address any questions I o e MINING PERMIT APPLICATION REVIEW PROCESS FLOWCHART BEGINNING OF PROCESS Application received by Land Quality Section/ State Mining Specialist Applicant issues 1•uhhe Notice Application assigned to Assistant State Mining Specialist Assistant State Mining Specialist/Program Secretary routes application for review and comment - U.S. Fish & Wildlife Service - Land Quality Section Regional Office - N. C. Geological Survey - Wildlife Resources Commission - Division of Water Resources - Division of Air Quality Di'visivT rrf Archives M history - Division of Parks & Recreation - Division of Water Quality - Others as appropriate Review Public Comments; All application review comments forwarded to public Hearing Possible Assistant State Ivinung Specialist ........................••••••� Is application complete? If "NO". Assistant State Mining If"YES", Assistant State Mining Specialist drafts a letter requesting Specialist drafts the proposed additional information from applicant permit action Additional information from applicant received and routed to/reviewed by Assistant State Mining Specialist and Land Quality Section Regional Office (go to*l Application & proposed permit action reviewed by State Mining Specialist L: Is application & proposed permit action complete/acceptable?? If"Yes", the following permit actions are issued by the State Mining'Specialist: If"No", application & proposed - Draft Permits permit action returned to Assistant - Permit Transfers/Name Changes State Mining Specialist for revision - Bond Substitutions - Permit Releases (go to ) I END OF PROCESS For other permit actions,if"Yes", application & proposed permit action forwarded to and reviewed by Land Quality Section Chief Is application & proposed permit action complete/ acceptable?? If"NO", application & proposed permit If "YES", application & proposed action returned to State Mining Specialist/ permit action forwarded to and Assistant State Mining Specialist for revision reviewed by Division Director (go to ) Is application & proposed permit action complete/acceptable?? If "YES", the proposed permit action is If"NO", application & proposed permit issued by the Division Director action returned to Section Chief/State Mining Specialist for revision (go to I END OF PROCESS NORTH CAROLINA DEPARTMENT OF ENVIRONMENT - — AND NATURAL RESOURCES — ---.-- LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) I. Name of Mine Whitfield Hwy 55 East Mine County Wayne River Basincape Fear Latitude (dd.mm.ss) 35. 11; z6 Longitude (dd.mm.ss) 77.59.z3 2. Name of Applicant* Rex Whitfield 3. Permanent address for receipt of official mail** 347 Hwy 40 - - - Telephone 919-580-6061 4. Mine Office Address 347 Hwy 403 E. Mount Olive, NC 28365 Telephone 919-580-6061 5. Mine Manager Rex Whitfield We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature 17CiDG ( E ( Date 5Z/07 Print Name —RZeex�Whitfield Title Mine Manager * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. 11 G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. -1- r APPLICATION FOR A MINING PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to 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 Answer all of the following that apply: 1. a. 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): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: b. 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.: 96-32 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 14.95 acres c. 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. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed) by the mining operation? Yes No (if no,a"minor modification" fee of$50.00 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): d. If this is an application for TRANSFER 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: ■ SEETHE 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 and Gravel 3. Mining method: Hydraulic Dredge X Front-end Loader & Truck X Shovel&Truck X Dragline &Truck X Self-loading Scraper Other (explain) -2- J I � • APPLICATION FOR A MINING PERMIT A HYF1- A mnvim .— A--fl, —f-- tf'—fl 1 S �—f �. N. L ^PvI.LWl1 111UAi111N 111 'FL11 V1 111111\r `1 v\.L) I ll..\.L Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) existing natural ground b. Expected average depth of mine (feet) 12 feet 5. Has any area(s) at this site been mined in the past? Yes X No If yes, when and by whom was this activity conducted? Rex Whitfield-within last 10 years 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) copies of a 7.5 minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. - 7.5 minute quadrangles may be obtained from: N.C. Geological Survey NCDENR 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 715-9718 - County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919) 733-7600 -3- Y i APPLICATION FOR A MINING PERMIT 2. Mine mans must be accurate and annronriately scaled drawinuc aerial nhntnornnhc nr enlnraprl 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. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. p. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway;creek,stream,river,or other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary,must be pr:,r'ided vrI the mine aiaap(s). i`tiOTE: "111611way" meads a road ULM Ilan Rim lanes Vf Uavvi of less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-99 Acres 1 inch = 50 feet 100-499 Acres 1 inch = 100 feet 500+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- e e APPLICATION FOR A MINING PERMIT , . rl,,r .I-,. 1: +' A— L UVlu{uVLlll,lllllllap LllaL%,l4,ally IUK3 Lla,approxllila rL G aereagl,UFLA ruLlo/11,a.rI.11UJr1.�i �a . rl , lel . !l Lvlr11 1 C La 11111�,.'J!41Gt11111 G11 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 TailingslScdimcnt Ponds Stockpiles Wastepiles Processing Area/Haul Roads Mine Excavation Other 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. -5- APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. Mine is currently in operation. No future development is proposed. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas),and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine mains)and provide typical cross-sections/construction details of each measure. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. Mining is done in an open pit. Any water will remain inside of the pit. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes NoX . Ifyes, 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 X . Ifyes, briefly describe the nature ofthe discharge and locate all proposed discharge points (along with their method ofstabilization) on your mine map(s). -6- I J APPLICATION FOR A MINING PERMIT n t�lift nn. _L t -FA— _,___c A mina a..n--ir�r." exte d below +1 .,..,40.-♦.,1.1�7 ... VT !ll idly FULL V1 L1lL. rJLV'/Vill.0 lulus. vnL.uvuuvllto� vnwl�u v�.ww ul�. water luvl�.: Yes X No If yes, do you intend to dewater the excavation(s)? Yes No X . If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine map(s)that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or 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. One private well is located near the property. Public water is provided in this area. 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 100,000 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. An NPDES permit application will be submitted although no dewatering is proposed. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes No X . if yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? e . ,�t�r tn, t. . ,itt U , Boa LO y the I—A ,.,, A -- -A t , _�. 1 a„�* A vi µ"e L1Nvn Will ke U'SeA LV Jpra� L1141LUU1 1VUlA a.O71LVLrL1�U, LV \+V11Li V1 UU3L. ! - I APPLICATION FOR A MINING PERMIT 5. a. A buffer will be reauired between anv mining activity and anv mining permit honrickry or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two,depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). 25 feet minimum 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). 100 foot minimum 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 I vertical slopes or flatter for sandy material are generally required,unless technical justification can be provided to allow steeper slopes. A minimum slope of 3:1 shall be maintained on all excavated slopes. -S- APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine maps) for all fill slopes (berms, wastepiles, overburden disposal areas, etc), clearly indicating the intended side slope gradient, installation of any benches andlor slope drains (with supporting design information) if needed, and the method of final stabilization. There will be no berms, wastepiles, or overburden disposal areas. 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). The angle of all out slopes will be 3:1 minimum. There will be no benching and sloping. d. In hardrock excavations,specify proposed bench widths and heights in feet. Provide cross-sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. There will be no hardrock excavations. 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 structures on the mine map if they are within 300 feet of any proposed excavation. Excavation will be limited to a depth of 15 feet. No excavation will occur within 100 feet of any structure or public road. No explosives will be used. Water depth will be 5 — 6 feet. 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 detail/cross-section and location of each type of barricade to be used must be indicated on the mine map(s). There are no high wall areas proposed. -9- A DOT ICATI^K A. K% A AIMING PERMIT 9. Are acid producing minerals or soils present? Yes No X . 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(s)and provide crass-sections through all proposed berms or proposed spacing, sizes and species for tree plantings. The mine will be screened by existing trees on all sides. 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 of the above nearby. 11. Will explosives be used? Yes No X If yes, specify the types of explosive(s)and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third- party blasting study). Locate the nearest offsite occupiedstructure(s)to theproposedexcavation(s)on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes No X . Ifyes, describe these materials, how they will be stored and method ofcontainment in case ofspili. Indicate the locations) ofall storagefacilities on the mine map(s). 10- APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN . Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross-sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent channels must be indicated on the reclamation map. The borrow pit will be converted into a pond. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes X No If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-section(s) through the proposed body(s)of water. The minimum water depth must beat least 4 feet, measured from the nonnal 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 X No . If yes, specify species. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock includi m ng what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end-to-end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. There will be no excavation in rock. -11- APPLICATION FOR A MINING PERMIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on-site mine waste areas,including specifications for benching and sloping. Final cross-sections and locations for such areas must be provided on the reclamation map. No overburden, refuse or spoil banks will remain. There will be no benching. 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. There will be no processing facilities or stockpile areas remaining. The haul road will remain for agricultural use. b. Will any on-site roadways be left as part of the reclamation? Yes X No ffyes, identify such roadways on the reclamation map andprovide details on permanent ditch line stabilization. The temporary haul road will be removed. The existing gravel roadway will remain between NC Hwy 55 and the Tillman D. Whitfield property on the south side of Pit Area 1. 6. Describe the method of control of contaminants and disposal of scrap metal,junk machinery,cables,or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971). No off-site generated waste shall be disposed of on the mine site without pij2E 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 map(s)and reclamation map, along with a list of items to be disposed in said areas. T liere will be no contaminants, scrap metal,junk machinery, cables or other such waste products. -12- o • APPLICATION FOR A MINING PERMIT 1. Describe your plan for revegetation or other surface treatment of the affected areas. This plan mus-t 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 permanent revegetation and, if necessary,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 theNorth 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 maybe 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 INCLUnwr. vE,eu-untnyn SEEnmrr. SCHEDULE (pounds/acre): [NOTE: Include Legumes] - Seed Types: Seeding Dates: Seeding Rates: Sever 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 reforestatio Ian appr by: Signature 41 -ry a 4 /Date 5 �/3 6 r/ Print Namc7l�a-�lc-t4 Titleil:c.'� drSC/ J�-�-• 6Vt"7� -13- r May 18, 2007 SEEDING PLAN- REX WHITFIELD MINE LOCATION- NC 55, 2 miles east of Mount Olive AREA TO BE SEEDED- Approximately 15 acres SOIL TYPES- Lucy Loamy Sand LIME AND FERTILIZER- Where amendments can be incorporated and soils are reasonably uniform, lime and fertilize according to soil test. In the absence of a soil test, apply 2 tons of finely ground dolomitic limestone per acre and 800 pounds of 20% superphosphate or equivalent per acre. Additional analyses of fertilizers to use at seeding are 1,000 pounds per acre of 10-10-10 or equivalent. An additional application of 50 pounds of nitrogen per acre plus other nutrients is usually needed within three (3) to twelve (12) months after planting. Application should be based on soil test. Where site conditions prevent soil incorporation of lime and fertilizer, soil samples should be taken prior to applying soil amendments. Indicate on the soil test information sheet that the lime and fertilizer will be applied by means of hydroseeding equipment or cannot be incorporated in order to obtain proper recommendations. If soil test results are not available at seeding, and site conditions prevent soil inrnrnnratinn- the first gnnlirAtinn of lime and fprtili7pr will hp nne (1) ton of finely -----' --'---'-"I ---- - -- -F-f "'--'-'--. -. .....- -...- '-"'''--' --- -- -''- \ 'I --'" -" "" '-"J ground dolomitic limestone and 400 pounds of 10-10-10- fertilizer per acre or equivalent. This rate also applies when hydroseeding. Then apply identical amounts at the beginning of the first growing season after seeding. SEEDBED PREPARATION- Work lime and fertilizer into the soil where conventional equipment can be used. Use disk or similar equipment to prepare to depth of 3-4 inches. Use ripper if necessary. Lime and fertilize may be applied with seed mixture when a hydroseeder is used and where mulch will be applied. Seedbed preparation may not be necessary where hydroseeding equipment is used. Slopes that are too steep for conventional equipment (2:1 or steeper) should be seeded with hydroseeding equipment. Where hydroseeding equipment is not available for use on steep slopes, scarify the soil surface with a chain harrow, pick chain, grader blades with chisel, hand tools or other equipment that will make trenches approximately 1-2 inches deep, 6-12 inches apart across the slope in which the seed can lodge and germinate. SEEDING- Recommended seeding dates- February 15- April 30 and September 1- October 31 80 Ibslacre KY-31 Tall Fescue and 501bslac Bahiagrass 30 Ibslac Sericea lespedeza 10 Ibs Kobe lespedeza Between April 15 and August 15, add 10 Ibslacre millet or 15lbslacre Sudangrass. Prior to May 1 or after August 15 add 25 Ibslacre rye (grain). Between September 1 and March 1, use unscarified sericea seed. MULCH Use dry, unchopped, unweathered small grain straw or hay free of seeds of competing plants. Spread at the rate of 2 tons per acre. Evenly spread mulch over the area by hand or mechanical equipment. Apply mulch uniformly so that about 25% of the ground surface is visible. IRRIGATION If the soil moisture is deficient, supply new plantings with adequate water. 3-4 inches penetration for plant growth at 10-day intervals if needed until they are well established. This is most important on late season planting, in abnormally dry, hot seasons. Patricia Gabriel District Conservationist e APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond(based upon a range of$500 to $5,000 per affected acre)for each permitted mine site based upon the acreage approved by the Department to be affected during the life ojthe mining permit. Please insert the approximate acreag�or each aspect ofthe mining operation that you intend to affect durine the life ofthis mininepermit(in addition please insert the annrooria[e reclamation cost/acre for each category from the Schedule of Reclamation Costs provided with this application form) OR you can defer to the Department to calculate your bond for you has upon your maps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: 0 c. X $ /Ac. _ $ Stockpiles: 0 Ac. X $ /Ac. _ $ Wastepiles: 0 Ac. X $ /Ac. _ $ Processing Area/Haul Roads: 0.12 Ac. X $ /Ac. _ $ Mine Excavation: 11.30 Ac. X $ /Ac. _ $ Other: Buffer '3.63 Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: Ac. (T OTAL PERMITTED AC.: 5 Ac Temporary & Permanent Sedimentation ;Erosion E�ontrol Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 14.95 Ac. b) Positive Drainage 0 Ac. X $1,500.00 $ SUBTOTAL COST: $ Inflation Factor: u.u2 X SUBTOTAL COST: $ X Permit Life (I to 10 years): INFLATION COST: $ TOTAL COST = SUBTOTAL COST + INFLATION COST = $ Total Reclamation Bond Cost: $ (round down to the nearest$100.00) -14- ' I 1 APPLICATION FOR A MINING PERMIT F. NC19ri VIf ATIIIN nV A it i[lINmo- i A NJnAIVNJ DQ i l\V 1 1 1 l{�!1 l l V l\ V■ !1 ll V V Jt 1\l l l V L A l\L V 1 1 1\L 1\V The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail 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 per lull boundary J' YY lI[4u 11G fill G{,4 1J' across ALIU 1.n7 4V1141gUVll.l LV All,' lllr,ll VV Ay, %A UUM,Jll GAlll,ri VUI, 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). 71— "A fT.A aril of T�lnt. nnt.n.��� nttnnl\nrl to tl .�1: �t: .. .� +1— —l—+ A .�+...-;zeA an,] sut,wl;++e 1 to+11 111V 11111UUV lL V1 11VL111VUL1V11 ULLUV11Vll IV L".O UtjP11VULIVtL 11111.7L UV 4olil i,/14LVU, IIVLµL 14Vu C111U JlJU11{1LLLU lV LIle Department, with the remainder of the completed application form, before the application will be considered complete. NOTE: . THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bl). ■ SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -15- NOTICE Pursuant to provisions G.S. 74-50(bI of The Mining Act of 1971 Notice is hi.rf.hv given that has applied on (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 (check one): (a) a new surface mining permit ❑ (b) a modification of an existing surface mining permit to add land to the permitted area ❑ The applicant proposes to mine on acres located (Mineral; Ore) (Numher) (M;lecl of off/near road (Direction) (Nearest Town) (Number/Name) in County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b1), the mine operator is required to make a reasonable effort to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51,a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials are on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifies of the proposed mining activity, please contact the applicant at the following telephone number: . For information on the mining permit application review process, please contact the Mining Program staff at 733-4574. Please note that the Department will consider an relevant written comments/documentation within the provisions of the Mining Act of 1971 throe hout the application review„process until a final decision is made on the application. (Addressee/Owner of Record's (Name of Applicant. Include Contact Person Name and Address) & Company Name, if Applicable) (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record) -16- APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION an applicant, or an agent, or employee of an applicant, for a new Mining Permit,or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record bnth "::blic and „r;vata nF all tra�tc of land that are arlininina the rninintr nermit hnitnrlary (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 rel,'istered mail,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) (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said office at the following address: (Chief Administrative Officer Name) (Address) [City Manager, County Manager, Mayor, etc.l The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary)and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(b1)and 15A NCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Sig iature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) (title of person executing Affidavit) 1, a Notary Public of the County of , State of North Carolina, do hereby certify that appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my hand and notarial seal, this day of 20 Notary: My Commission expires: -17- e • 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. 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 maybe reasonably necessary in order to carry out reclamation which the operatorhas failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWN APPLICANT• s Signature: - Signature:'- Print Name: Rex Whitfield Print Name: Rex Whitfield Address: 347 Hwy 403 East Title: Mine Manager Mount Olive, NC 28365 Company: Telephone: 919-580-6061 Mine Name: Whitfield Hwy 55 East Mine *Signature must be the same as the individual who signed Page I of this application. Six (6) copies of the completed application, six (6) copies of all location maps, mine maps and reclamation maps,and the appropriate processine fee (sec 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 Ounlity 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. -18- MINING 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: TYPE ACRES NEW MAJOR PERMIT MODIFICATION RENEWAL, Clay 1 but less than 25 $500 $250 $250 25 but less than 50 1000 500 500 50 or more 1500 500 500 Sand& Gravel, 1 but less than 5 150 100 100 Gemstone, and Borrow Pits 5 but less than 25 250 100 100 25 but less than 50 500 250 500 50 or more 1000 500 500 Quarry, Industrial Minerals, 1 but less than 10 250 100 100 Dimension Stone 10 but less than 25 t000 250 500 25 but less than 50 1500 500 500 50 or more 2500 500 500 Peat& Phosphate l or more 2500 500 500 Gold (Heap Leach),Titanium &Others I or more 2500 500 500 A nonrefundahle$50,00 permit application processing feels 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 ofthe minimum permit hufferxone requirements,where no plans for mining related disturbance oftheadded lands have heen approved. All other changes are considered major modifications. Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land 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. 10/2000 -19- LAND_ QUALITY_SECTION HEADQUARTERS Francis M.Nevils,Jr.,P.E. .Fames D.Simons,P.C.,P.E.-Chief Engineer Caroline Medlin,E.1.-Sediment Education Courie Section Chief David H.Ward-Sediment Specialist Specialist Land Quality Section ?-Assistant Sediment Specialist Teleph, 1612 Mail Service Center Tracy E.Davis,P.E.-Mining Specialist Tabitha Brown-Sediment Education FAX N Raleigh,NC 27699-1612 Judv Wehner-Assistant Mining Specialist Intern ? -Assistant Mining Specialist Greg T Shipping Address: Land Quality Section '? -Dam Safety Engineer Secretaries 512 North Salisbury Street Tani Dodd,E.I.-Assistant Dam Safely Engineer Wendy Sposto-Lead Secretary Raleigh,NC 27604 James Caldwell,E.I.-Assistant Dam Safety Engineer Stephanie Lane-Sediment&Dams Susan Edwards-Mining LAND QUALITY SECTION REGIONAL OFFICES ASHEVILLE MOORESVILLE WINSTON-SALEM RICHARD PHILLIPS,P.E. DOUG MILLER,P.E. MATTHEW GANTf,P.E. JOHN 1 Interchange Bldg. 919 North Main Street 585 Waughtown Street 3800 Ba' 59 Woodfin Place Mooresville,NC 28t 15 Winston-Salem,NC 27107 Raleigh, Asheville,NC 28801 COURIER- 13-15-01 INTER( COURIER- 12-59-01 COURIER-09-08-06 (336)771-4600 (919)57 (828)251-6208 (704)663-1699 FAX#(336)7714631 FAX 4 FAX#(828)251-6452 FAX#(704)663-6040 Alamance Alleghany Ashe Chathai Avery Buncombe Burke Alexander Lincoln Caswell Davidson Davie Franklin Caldwell Cherokee Clay Cabarrus Mecklenburg Forsyth Guilford Rockingham Johnstoi Graham Haywood Henderson Catawba Rowan Randolph Stokes Surry Northan Jackson Macon Madison Cleveland Stanly Watauga Wilkes Yadkin Vance McDowell Mitchell Polk Gaston Union Warren Rutherford Swain Transylvania Iredell Yancey FAYETTEVILLE WILMINGTON WASHINGTON WILLIAM (rOBV)VINSON,P.E. DAN SAMS,P.E. FLOYD WILLIAMS,P.G. 225 Green Street 127 Cardinal Drive Ext. 943 Washington Square Mall Suite 714 Wilmington,NC 28405-3845 Washington,NC 27889 Fayetteville,NC 28301 COURIER-16-04-01 COURIER-14-56-25 COURIER-04-16-33 (252)946-6481 (910)486-1541 (910)395-3900 FAX#(252)975-3716 FAX#(910)486-0707 FAX#(910)390-2018 Beaufort Berlie Camden Anson Montgomery Scotland Brunswick New Hanover Chowan Craven Currituck Bladen Mnare C tprpt Onsh•.y Dare Gat (,rc2:g Cumberland Richmond Columbus Pender Hertford Hyde Jones Harnett Robeson Duplin Lenoir Martin Pamlico Hoke Sampson Pasquotank Perquimans Pitt Revis. Tyrrell Washington Wayne SCHEDULE OF RECLAMATION COSTS10/2000 = appl icon.8ch.wpd (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, KY = Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other Type m /0 nolLs o . 11es T.p11G0 n.area//rs.n xf4 L tryr r LL " L•A.Lne Exca V . SG, GS, $500/ac . (L) $1800/ac . $2000/ac . $1800/ac . $500/ac. (L) Borrow 1500 (FI) $2000 (PD) CS, DS, 500 (L) 1800 2000 2000 500 (L) FS, MI, 1500 (FI) 2500 (PD) LI, PF, OL, KY PH 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 (L) 2500 3000 3500 2000 (L) TI, OT 2500 (FI) 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 5B. 0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, 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 REVEGETATZON PLAN IN APPLICATION/PERMIT DOCUMENT) - MULCH AND ANCHORING COSTS PER ACRE - ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR' S FINAL BOND DETERMINATION. 1,000 copies of this public document were printed at a cost of $845.81 or $.85 per copy. 4/2002 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES - LAND QUALITY SECTION -21- ` State of North Carolina6" Washington Regional Office Department of Environments Washington, North Carolina 278e9 and Natural Resources ''� Telephone 252-946-6481 FAX 252-975-3716 Michael F. Easley, Governor DIVISION OF LAND RESOURCES William G. Ross, Jr., Secretary LAND QUALITY SECTION June 12, 2007 Mr. Rex S. Whitefield 4095 4" Street Holly Ridge, North Carolina 28445 RE: Whitefield Hwy 55 East Mine (Permit No. 96-32) Wayne County, North Carolina. Drainage Basin: Neuse (qN 2s7po, o O Dear Sir: S Under the provisions of NCGS 74-56 of the Mining Act of 1971,.an inspCr f your firm's referenced mine site was recently performed. A copy of the report'is.attacIn . Please review this report carefully as it may contain corrective actions needed and/or comments, which will assist you in meeting the required performance standards of the Act. (Note: It is your responsibility to understand and comply with the terms and conditions of your mining permit and the Act). Please do not hesitate to contact this office if you have any questions concerning the report. Sin rely, \/ lir/a,� Gary��`/A. N ak EnVrronmental Specialist Enclosure: Mine Inspection Report Cc: Mr. Floyd R. Williams, PG, CPG, CPESC, State Mining Specialist 1 I Equal Opportunity Employer 50%recycleC110% post-consumer paper North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT //"" (PERMITTED MINE) 1. MINE NAME JA •fitc I Ali c/ 5S kc+ Min e . 2. MINING PERMIT 96 -3 Z 3. OPERATOR /s'/r •xS 4.Y,. >Lim 11 4. COUNTY �. gulT nt 5. ADDRESS HD�iS N S�i-ccf AX K,e( , .NC 2Ryy5' _ 6. PERMIT EXPIRATION DATE r//4�/.200� " 7. RIVER BASIN ( rq> e L-ecrr 8. Person(s) contacted at site No o/1C rwi 5, 3 2 9. Was mine operating at time of inspection? ❑ Yes :9 No 10. Pictures? ❑ Yes .O. No 11. Date last inspected: 7 1s�0 /0( 12. Any mining since last inspection? ,O Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? 1 ❑ Yes No If no, explain: OC '� trm.�' EbvHc�. /71a /12r �c-� (.+.-Gern. C'Getr .e r. .,f� rle r'/Jnrar.e.el.f)r-r n,'It OC-0/3 etm ,t avacb.ti {ee% nu-fL6�rnod._ire �� crtcia.. r / r t I 14. Is the mine in compliance with the Reclamation Conditions of the Permit? .9 Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes K No If yes, describe the type and severity of the damage: 16. Corrective measures, ne/eded and/or taken: 1•I0i4 or CL. , K tM7 Z)ic c2myAved L- 0. / he, r4r /to' „ tt_ 5l illinc %k%rh„ rrvwk"Ar.P4'h rem r� r r ,0 icu 17. Other recommendations andcomments: �/vac, 4fo �c..c' r�I Sec�� 2. /9nr1/v�w� Cyll 18. Is the Annual Reclamation Reportl1 I-map acLcurat0 ,f nY-Yes JR No (Explain), ❑ Not Reviewed V/�/Ovf l.. sJ;B �tl� G r;A11 vr.X rGM, T 1CificYr 1 3A. l1 MN f" 4-n..,, r 7- A:- n,-,„r..i� 19. Follow-up inspection needed? ❑ Yes ,2r.No Proposed date� 20. No. of additional pages of Inspection Report_. 21. Copy of Report sent to operatorA 112 /0) (date) INSPECTED BY: l ra*ti mntm)(L DATE 16 Telephone No: (1 Q) y y/n - /n 4Al' White copy to life Yellow copy to operator Pink copy to Mining_ Specialist 10197 li North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section •r MINE INSPECTION REPORT (� (PEIIMIr'FTED MINE) 1. MINE NAME a 4Pw Nwv�S 2:' Mtn a 2. MINING PERMIT 9 96 - 32- 3. OPERATOR H( . U.JCx S. �.J'H I" ��r.f C: 4. COUNTY In 5. ADDRESS `f o/ t c tNCAkgqj / 6. PERMIT EXPIRATION DATE 7. RIVER BASIN Lr. pe Lcct rr 8. Person(s) contacted at site ND nn ? '-no 5t & — 9. Was mine operating at time of inspection? ❑ Yes 93 No 10. Pictures? ❑ Yes RI No 11. Date last inspected: �A)/Rd / O; 12. Any mining since last inspection? ® Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? 0 Yes ❑ No If no explain: .} .y Ni)tr Mirhnc EX-rin, Cf 1re Atlt Lot �00� �Ara1t7L11F.r) 1, tlA hlit ou /� Il�� r n/Ntt� taovr is t4 In . Ik eLt 1 I cllnwca C�IIc r .0 YNI ql/ nl♦ev i I" expirles Wocf� b�Gons.' &. C m1rli� Wltkovl- a. 0� n%vt Yn3 wo,,llp � i+ l/iola.410 �-..a1 fHe NC. Mil Lca.s.J. car ./n / Iww c,fnaosc. bcF. ,�. r CC_IJ0 ci-. a�COY111af Ot L✓I fy%L. C?CLlYS e)< IY IOIn . 14. Is the mine in compliance with the Reclamation Conditions of the Permit? CID Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? escribe the type and severity of the damage: 16. Corrective measures needed and/or taken: Nonp,nec.4Zee 17. Other recommendations and comments4ean'/Pi.d loc det ✓p le✓ iniew AcoCca Tra:1 D/IfIfe,e he _5 '' '&ICornvuFtkr. ) atolifn t elh&r %. 0-4np + w . , N 18. /,Is the Annual I —Reclamation Report +/-map accurate? ❑ Y%11 No (Explain) ❑ Not Reviewed A IIA .wQirY n r"I.eu Jtx .. rc nnitna�$ YC<ee y., 19. Follow-up inspection needed? ❑ Yes Iff No Proposed date —/—/— '20. No. of additional pages of Inspection Report p . 21. Copy of Report sent to operator 7/AS/O(e //^ I (date) INSPECTED BY: ( sar> I�J� DATE 71C2ol OG Telephone No: (2cS2) 9,414 - 6q / White cope to file Yellow copy to operator Pink copy to Mining Specialist 10197 �...- -.+.n�. :.r...++.w...... rrrr .-.wr. RECEIV17th arolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section a b 5 [uu4 MINE INSPECTION REPORT (PERMITTED MINE) n r�nv.5 S ( r, mi. 2. MINING PERMIT # 1( 3.Z 3. OPERATOR M r'' RQ 5,41• ? Iv I r/ 4. COUNTY (V v»E. 5. ADDRESS4001 N. 1 -� 53# 6. PERMIT EXPIRATION DATE A r. I °/. 2 0 6 ? 7. RIVER BASIN C e (r e, 8. Person(s) contacted at site 5moot= tN, 41, 14(r. 71. L0L. 1 (r( 9. Was mine operating at time of inspection? ❑ Yes IN No 4,10. Pictures? ❑ Yes Z No 11. Date last inspected: y / (✓ / f 8 12. Any mining since last inspection? IN Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? IR Yes ❑ No If no, explain: t4. Is the mine in compliance with the Reclamation Conditions of the Permit? ,E] Yes ❑ No If no, explain: 15, Did any of the above deficiencies result in offsite damage? ❑ Yes U No If yes, describe the type and severity of the damage: Aln. OCAS°+ wC(' ' 16. Corrective measures needed and/or taken: IV" o+ //•„ -/ is 17. Other recommendations and comments: Alo n r u 6 (ot._ s „ (c r l vo d. Llr tai ll t. 18. Is the Annual Reclamation Report +/-map accurate? ,T Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes ❑ No Proposed date / / 20, No. of additional pages of Inspection Report_. 21. Copy of Report sent to operator:/V(/' S/�.. INSPECTED BY: IJX f1nr +, M(, t A Gr r f(ln f^ DATE 8' Telephone No: 0S?.1 446 Jge/ Whife copy to file Yellow copy to operator Pink copy to Mining Specralisr 10197 /!t North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT 1 (PERMITTED MINE) 1. MINE NAME Vk 11-1 IJ ff cl�w_„p S 5 r A',',4 2. MINING PERMIT 3. OPERATOR M + . PA x S. Q l,.'-; .{, P & 4. COUNTY J6Y�e 5. ADDRESS L10 r; 4VA S4 , 1611v P.e.4 v ,NC 3 5 q!/S 6. PERMIT EXPIRATION DATE '-1/y/0 II 7. RIVER BASIN Cn,ao l v nr O f)..«....«l.,t +n +urn n* n"fo A1_ .�.`^� C�'!L. O. r ersonkb) LV114a%A%,%J UL o1i Lv - 9. Was mine operating at time of inspection? ❑ Yes © No 10. Pictures? ❑ Yes ❑x No 11. Date last inspected: 3 /,. � /O 5 12. Any mining since last inspection? ❑ Yes ❑x No 13. Is the mine in compliance with the Operating Conditions of the Permit? 0' Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? 0 Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes Q No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: A10 1 17. Other recommendations and comments: 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) g Not Reviewed 19. Follow-up inspection needed? ❑ Yes 0 No Proposed date I I 20. No. of additional pages of Inspection Report 21. Copy of Report sent to operator//o/ / ]� (date) INSPECTED BY: ( i E DATE X) Telephone No: 0 IWhite copv to file Yellow copy to operator Pink copy to Mining Specialist 10197 ��,CkN�O Nod ®g 2p05 QUP� North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE IN PE TI N REPORT (PERMITTED MINE) I. MINE NAME (.iO i`uld Ilw, SS ! 2. MINING PERMIT # 7t 3Z 3. OPERATOR Mr. Roe S. l06,4$elrl 4. COUNTY (dngrie 5. ADDRESS q 01ti 4 "' S1 . Hall,.R,ct¢a , AX 2 84vS 6. PERMIT EXPIRATION DATE 4/4 /0'+ 7. RIVER BASIN CRP q l r�r,j,h 8. Person(s) contacted at site Nu oae s.5,-'i n ,'Irr( cd c,'Ir 9. Was mine operating at time of inspection? ❑ Yes O No r 10. Pictures? ❑ Yes Z No 11. Date last inspected: I q /D9 12. Any mining since last inspection? O Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? © Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? OO Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? El Yes © No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: AIM 17. Other recommendations and comments: 4nope r r lu hour b •-- of v Gl/lp, r r ^ov, n•n.i,•e nr� w lY fn. 0 In Tt n^ SRP�•s / A% P r 18. Is the Annual Reclamation Report +/-map accurate? OO,Yes ❑ No (Explain) ❑ Not Reviewed b 19. Follow-up inspection needed? ❑ Yes 19 No Proposed date �A—l— 'V.. 20. No. of additional pages of Inspection Report . 21. Copy of Report sent to operator q 1 ((date) INSPECTED BY: IJ� �' 1 I Pr� DATE 3 11 2 / US Telephone No: Z 1 St(6 While copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 F. R�C"ngD MAR 2 8 2005 rr �i NORTH CAROLINA DEPARTMENT OF y. 3 ENVIRONMENT AND NATURAL RESOURCES DIVISION OF "NO RESOURCES .' eCDE�(t November 27, 2000 9 Y s ' ` Mr. Rex S. Whitfield J ESE."H R J N 801 North Spence Ave. G°"`""°" Goldsboro, North Carolina 27534 RE: Mining Permit No 96-32 ,EN L ;,OILMA„ - Whitfield Highway 55 East Mine 1 9IIEFARTARY •. Wayne County �^`� Neuse River Basin 4 `.. Y` ' Dear Mr. Whitfield: C .. H GARCRE" NO STATE AREN- ��oFg. DIRECTORY GE)LOG.' Your request to have the above referenced mining permit, issued to Whitfield Enterprises, Inc., transferred in its entirety to you has been e ; �., $ M.3 approved. As we have received the required surety in an amount sufficient to cover the present operation, I am enclosing the transferred mining permit. f r The permit number, expiration date and mine name shall remain the same IN. as before the transfer. ' .�� Please review the permit carefully and notify this office of any b. .; objections or questions you may have concerning the terms of the permit. It is your responsibility to fully understand and comply with the conditions of . '� your mining permit. > . As a reminder, your permitted acreage at this site is 26.17 acres and the amount of land you are approved to disturb is 19.3 acres. Again, if you should have any questions on this matter please contact _ me at (919) 733.4574. .Z ll i A j i • rrA Sincerely, racy E. vis, P.E., C.P.M. _CIE, �':'2 State Mining Specialist Land Quality Section rrr Ti Enclosures cc: Mr. Floyd Williams. P.G- v -Cli Mr. Bradley Bennett-DWQ, w/enclosures Ms. Monika Sharma-WRC, w/enclosures Mr. William Geminger-DOL, Mine and Quarry Bureau, w/o enclosures Alf NO QUALITY Q9CT H (91 e3730.4s74 FAX 9151 1 ( w QfU LRGcEALs„ e9SE Nw1vn,DE<Es FAX1919n3EeEo° N A L- ,I NO FA%(9107 a AN Eeu¢ OPPORTUNITY /qpp awni v9 cT 0, ON 1 LINESZT 6°%,x C / 10% V LR PAPER NA DEMO TOLL FREE Haiu NEt 1-8 rt.EYce DEPARTMENT OF ENVIRONMENT, HEALTH 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: Rex S.Whitfield Whitfield Hwy 55 East Mine Wayne County - Permit No. 96-32 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 reining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: A rp it 4, 2007 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment, Health 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. Modifications April 4. 1997: This permit has been modified to increase the permitted and affected acreage as indicated on the mine map dated December 16, 1996. November 21 , 2000: This permit, issued to Whitfield Enterprises, Inc., has been transferred in its entirety to Rex S. Whitfield. Expiration Date This permit shall be effective from the date of its issuance until April 4, 2007. 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 ruies promulgated by the N.C. Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Section, 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 (minimum 25 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. C. All buffer zones shall be maintained as indicated on the mine map dated December 16, 1996 and received by the land Quality Section on October 12, 2000. 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 laird disturbance and maintained tU prevent sedimenI frUlil 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. C. Mining activities shall be conducted as indicated on the mine map dated December 16, 1996 and received by the land Quality Section on October 12, 2000. 5. All mining permit boundaries (26.17 acres) shall be permanently marked at the site on 100 foot intervals unless the line of sight allows for larger spacing intervals. e e 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 call!se off-site damage because of siltation; shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 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 (minimum of 25 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. B. All buffer zones shall be maintained as indicated on the mine map dated December 16, 1996. 10. A. No on-site disposal of refuse or other solid waste that are generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unlejJ autl for izatioi� to col(duct said disposal has first been `nbtainerrll fmm both the Division of Solid 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 Solid Waste Management. No petroleum pro ducts, adds, solvents ill L!]ell jtlJl ate containers lei s of any other i i later iai 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 p[.o� r to commencement of such disposal: 1 . the approximate boundaries and size of the refuse dispUsai area-, 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse,- 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verificaa;c., 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 $11,800.00 surety 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. APPROVED RECI AMATION 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, 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. RECI AMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall he 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. 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. e e 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. 10.A. through D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. RevggPtation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates Spec ies Rate Lbs/Acre February 15- April 1 Kobe Lespedeza 10 Bahiagrass 50 Recited 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October 25 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 Ibs/acre 8-8-8 or 10-10-10, orfollow 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. 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. aga a 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. This permit, issued June 30, 1988 to Whitfield Enterprises, Inc. and contemporaneously renewed and modified April 4, 1997, is hereby transferred in its entirety to Rex S. Whitfield this 21st day of November. 2000 pursuant to G.S. 74-51. By: J Charles H. Gardner, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment, Health and Natural Resources IITFIHLll HWY. 55 A OL UWYLL ANS M MINE RFCIAMATION PLAN _ T T ,- .AM 4PINRANT, F.O. xOx In A muY. NORTH CAROLINA OIRroIm In. RMIS f411AwYC RYY /'�/� PROP. MOO ITN A �f ':' ` IRaORa P�1 q/ �R I195 ACRESCRES TOTAL } ,r-�• CLYOE A. WILLIAMS xuls ,[ PROPERttrl ���rYvvTVY'/�`• 1 I � . w mom T- q � T =ea�v=ter. / Ax • 6r L a� S N PROP. MoomcR.nou ARC R'1' �q �I {MOR Y7e' 1 �oeW yyy «K,A .>�,d' ° I�L R MnrtL'Pnovfal 6 Re Al - - E......,�,.. sx �N lw �` . AMIAMI, EXIST. PERPTEO AREA wNITEIEW HWY. SS M EAST MINE ' a rnR-�ums COMPANY _ � .« HENRY J. WOflRCLL .V -LI -- �•{••••• �� PROPERTY TOMuYnpx I�� w GrakoePE��Nvs 19111TFIELU HNY_ 55 EAST NINE MODIFICATION NAP uRaxr+ / neeucANc v�1v11 Ymswwms, mr. CI_1 1 iY` °v OWN c.N°wvA PROP. MODIFICATION APLA 16 Y° ° ' ° CLx@ A. WILLIAMSWILLIAMSS 9/ AN p,99 ACRES CREs T0inl PROPER"PROPFR 6 I oY 1 Tf IwIll >a N � Y_.uM YVi Pos Via`•- � ?ill �L� >* I iJ "IP-II` � �. III >`'y PROP. ROOM IN YIEa> A- Iv �B L YE ex [ uppgs e � 7i fr _� } WIMPIbP[FY r I Ig TJ L MYNA NA g, tl a EY151. ACRES Lu 1R[R HAYS uAMID ...o T ' 11.22 32 ACRES f I EIY v Sx 4\4 &HilFiElD HWY. 55 LAST MINE 6 N V HENRY J. WORREEI ff PA9RfRtt �.v n NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOD ROES November 21 , 2000 PPP 56. X NT JF G° ° CERTIFIED MAIL Hl RETURN RECEIPT R O T D M "(BILL HOLMAN yQSEOR ETART Mr. Barry Couling "b 3a Whitfield Enterprises, Inc. P.O. Box 127 "t z H LES H:Gm OMEP Dudley, North Carolina 28333 IPIAR . P.G�', P.EjDIRE R CTOf PNO STATE:GEOLOOIVTO Re: Mining Permit No 96-32 �` " T.tfe Yry=tea Whitfield Highway 55 East Mine Wayne County Neuse River Basin Dear Mr. Cowling: _ I^ ; 'G Your request to have Mining Permit No. Whitfield Enterprises, Inc. transferred in its entirety from your company to Rex S. Whitfield has been approved. As we have received Mr. Whitfield's required surety in an amount `, sufficient to cover the present operation, your company is hereby released -:a >ra ; 7 from further responsibility for this site with respect to The Mining Act of 1971. '• r Z Therefore, I am returning your $11 , 800.00 Surety Bond (No. 11-0120- 'y �� 0636-97-2) issued by united States Fidelity and Guaranty Company to you x! for your disposal. I I — y Thank you for your cooperation in this matter. 'vl Sincerely, ' a I Charles H. Gardner, P.G., P.E. Enclosure cc: Mr. Floyd Williams, P.G. y ^:r N.'illiam Gerrmyer-DOL, Mine and Quarry Bureau ddd P y AN EOWI Ocaa RTUIRTY / A[c,RuvrvE ACTIo+ LMniarER - SO% a T. - - 11/07/2080 10:07 9197155801 GARD ER PAGE 02 APPLICATION FOR A MR41 NG'IRMIT • G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon OUT 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 Mbung Act of 1971. 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 opicratar, has failed to complete in the event a bond fore iS_rc s ordered pursuant to O.S. 74-59. LANMWNER APPLICANT . - ... . .. .. ....... ......__ . ... _ Signature , ' 1 Signature Prim Name: C. w Print Name: Address x d ff 6r�c- Title: r7 Telephone �/� �.5� '© .�-� Mine Name: /0 i{ l—refiEk 1) ffwq # y'6 � 3z t *Signature must be the same as the individual who signed Page 1 of this application. Four 4 'es of the coen le a tion four d coreclamation o (see nert page For fee schedule) in the form a check or money order payable to the -No Department of Environment and Natural Resources must he sent to the Land Quality 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. PO[ENOVI000 D 19 r LAND OU LITY SECTION • o l ; !___- ---- i , i _ � � - - - ' PANSMISSION VERIFIOATION REPORT • TIME : G4 /RDN 2@@@ 10: @',9 NAME : 91R71ER TEL : SIK328S@1 TEL 919'333A-3 FAX NO. E lli@' 1@: 07 DURATION TI NWAME 191978570 i5 PNRAT➢7N @@: 00: 47 PAGE(S) @2 P.EEULT STANDARD .,�� EOM APPLICATION FOR A MINING P&IT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our --nos or operation during regular business hours for the purpnse of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT Signature Signature Print Name: Print Name: Address Title: Company: Telephone Mine Name: *Signature must be the same as the individual who signed Page 1 of this application. Four (4) copies of the completed application. four (4) copies of all mine maps and reclamation mans, 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 Quality 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. -19- �I NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURC'cs NCDENR ,.ME;9 HUNT JR Fax To: WAYNE MCOEVITf Of: lA11lt4lO SECRETARY I Fax: - 7.�i S�- '7/) 71- Paces: includ-nc cover CMAAEEZ M.GARDNER RG..P.C.OIREROR /�� /ryn ANO STA=GEeLaaer Date: !j ,// Comments: �A'"p®11/i'nt) Aclm $(ZU /� yaPu - c�c sew ace t? - rT� f�a v�ovm - �1 ccucUd �i��um roc, `h�,6 " r y FROR,C and Quality Section Telephone: (919) TS-4i74 ^``} Fax Number: (919) 715-8801 or DIVISION OF LAND RESOURCES . .. - DENR - LAND QUALITY 16121MAIL SERVICE CFNTF,R i„„D Ovnu-Y SeGian (9 Isi FAX IS t95 73n.�B76 RG LFICII NC 27699-1612 CCOWCICA.5URV[r Sfr1bN 19 i v) nJ;+zn vw In Im -C _,v f�?y'.,n-.1W. (M l'".C�.r' �l A.PrsTu h+w.'iS"inl+-.:!1 YCnr.wpTTp. ....,+; 7ye v ..... v.0 r.... ' . .Y•r ... ..ah 1�" r. DATE TO ASSISTANT , ,13-a f DATE TO SE4DTARY LOGGED IN P ., Tgtl-� MINING CHECKLIST FOR ROUTING Company IA ) llJU: 66( ti.iit"A44OProject Name a.�u...vS� A,114,-e Permit No./9rd- 3a County Date Received 7 a Reviewer ! �11 Il� �K ..✓ V � y Please make copies of check to include with Central Office and Field Office files and log in checks . *❑ New ❑ Renewal ❑ Modification �1 Transfer 1:1Release ❑ Additional Information ❑ Fee Needed ^ UU U� Fee Received: Amount `7Q Please Iroute to: ?p �/I�J,A`+ F1iNGi U� Field Office Date Routed /V�/d�a�`oWO Field Office Route to : El Water Quality 7o--C Field Office Route to : ❑ Air Quality ❑ Wildlife Resources Commission Date Routed ❑ Division of Water Resources Date Routed ❑ Division of Parks & Recreation Date Routed * ❑ Archives and History Date Routed ❑ Other: Date Routed Suspense Date for Comments: (Date received +30 days,: not on weekend) �❑� Please note the following: *SECRETARY : Please make file & return Checklist & file to Reviewer While Copy to Field Office Yellow and Pink Copies to File Gold Copy to Secretary �Y,"ttfie! ¢; WHITFIELD ENTERPRISES, INC. ti P.O. 90X 127 • DUDLEY, NORTH CAROLINA, 28333 735-8952 FAX 735-7075 rise5, July 18, 2000Jvk d r l Francis A Nevils, Jr. NCDEHNR P.O. Box 27687 Raleigh, NC 2761 1-7687 RE: Permit #96-32 1 would like to inform you that 1, Rex S. Whitfield will now be responsible for all actions taken on the above referenced permit numbers. If you have any questions please feel free to contact me. V[ll{r4erely l Rex S. Whitfield r� •� WHITFIELD ENTERPRISES, INC. ly4 N P.O. BOX 127 • DUDLEY, NORTH CAROLINA, 28333 735-8952 FAX 735-7075 ..4Y 0 g� » rise v y� July 18,2000 I Francis M. Nevils, Jr. NCDEHNR P.O. Box 27697 Raleigh NC 27611-7687 RE: Permit 496-32 The above referenced permit number has now been transferred from Whitfield Enterprises, Inc. to Rex. S. Whitfield. Any further actions taken for this permit number will be handled by Rex S. Whitfield. If you have any questions please feet free to contact us at anytime and we will be happy to assist you. Sincerely Garry N. Coulin Vice President NORTH CARO&A DEPARTMENT OF ENVIRO�WNT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) I. Name of Mine Whitfield/Hwy 55 Hine Counry Wayne 2. Name.of Applicant* Rex S. Whitfield 3. Permanent address for receipt of official mail** 801 N: Spence-Ave. - Goldsboro NC 27534 Telephone (919) 751-0927 4. Mine Office Address 801 N. Spence Ave. , Goldsboro, NC 27534 Telephone (919) 751-0927 5. Mine Manager Rex S. Whitfield We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. :Ye fully uaderstand that any wlllful micrepresentation of facts will be cause to revoke the permit. Q L***Signamr Date Print Name Rex S. Whitfield Title Owner * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (ss�ryl that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complet application or, if a public hearing is held, widen 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. -ICATION FOR A MINING PART • TOTE: All or the following questions must be thoroughly answered with regards to your mining . ition for the intended life of the [tune. All responses must be clearly conveyed on a corresponding, ":ed mine map. GENERAL CHARACTERISTICS OF THE MINE. ,nswer all of the following that apply: .. a. 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): NIA .. Of this acreage, how_ much is owned and how much is leased? _ Acres owned: N/A Acres leased: AN Property owner if leased: - N/A b. 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.: N/A Total permitted acreage (this is the acreage that the "renewal' fee will be based upon): N/A c. If this is an application for a MODIFICATION to a mining permit, indicate the mining perrmi[ number and the total (overall) acreage covered by the existing permit: Mining Permit No.: N/A Total permitted acreage: nip e Does the modification involve acreage within the previously approved pertained boundar v? 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): N/A 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: N/A (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage in be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed) by the mining operation? Yes No_ (if no, a "minor modification' fee of $50.00 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): N/A d. If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: 96-32 - Total permitted acreage: 14.95 SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR TEE PROPER FEE AMOUNT BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE -ED ABOVE 2. Indicate the approximate longitude and latitude, in degrees-minutes-seconds, of the center of the mine site: LONGITUDE (dd-min-ss): 77 -- 59 -- 45 Quadrangle: Seven Springs LATITUDE (dd-mm-ss): 35 - 12 River Basin: Meuse 3. Name of all materials mined: Sand Clay Gravel APPLICATION FOR A MINING PIT 4. Minina method: Hydraulic Dredge X Front-end Loader & Truck _x Shovel & Truck x Dragline & Truck X Self-loading Scraper Other (explain) 5. a. Expected maximum depth of mine (feet) 20 Reference elevation:_N0_Hwy 55 b. Expected average depth of mine (feet) i 5-m 6. Has any area(s) at this site been mined in the past? Yes No—X_ If no, proceed to Question 7. a. Acreage of previously affected land(s) at present site that has not been reclaimed: acres (identify all areas on your mine map(s)). b. When and by whom was this activity conducted? c. _Acreage of previously affected land at present site that has been reclaimed: acres (identify. all-areas-on your-mine.map(s)). . - - _- b,: d. When and by whomwas +L�n� acLl V 1Ly e. Do you wish to exclude any areas noted in 6a or c from this permit application? Yes No If yes, how much? acres (identify all areas on your mine map(s)). 7. Present (pre-mining) use of the land (estimate acreage for each): Cropland acres Pasture acres Forestry 1 a 9q acres Fish/Wildlife acres Recreation acres Other acres (Specify use: ° orrt^^se 1�nr1 ==�P after minin¢ and reclamation has been completed (estimate acreage for each): Cropland acres Pasture acres Forestryi4-95 acres Fish/Wildlife acres Recreation acres Other acres (Specify use: 9. Number of years for which the permit is requested (10 years maximum): 9 B. MAPS 1. Four (4) copies of the county highway maps and four (4) copies of all mine maps and reclamation maps shall be submitted with each permit application. County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919) 733-7600 Clearly label and mark the location of your mining operation on the county highway maps. -3- APPLICATION FOR A IVIINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation work-sheet is to be used to establish an appropriate bond (based upon a range of$504 to $S,000 per affected acre)for each permitted mine site based upon the acreage appruved by the Department to be affected during the life of the mining permit. Please insert the approximate acreage,-for each aspect of the-mining operation, that you intend to affect during the life of this minin;jZ permit (in addition, please insert the appropriate reclamation costlacre for each cat fZoa from the Schedule of Reclamation Costs provided with this application form): AFFECTED RECLAMATION RECLAMATION CATEGORY . .ACREAGE--- - -- .—COST/ACRE ..-_ COST Tailings/Sediment Ponds N/A Ac. X $ IAc. = $ Stockpiles NIA Ac. X $ IAc. = $ Wastepiles N/A Ac. X $ IAc. = $ Processing Area/Haul Roads Nf A Ac. X $ IAc. = $ Mine Ezcavatiuii 11.3 A c. X $ 500.00 /A _ 5,650.00 Other NIA Ac. X $ IAc. _ $ TOTAL AFFECTED AC.: 11.3 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, measures will be needed to nri-vent nffsite sediment. r-- a) Internal Drainage 11.3 Ac. b) Positive Drainage 0 Ac. X $1500 / Ac. _ $ 0 SUBTOTAL COST: $ 5,650.00 Inflation Factor: 0.02 X SUBTOTAL COST: $ 113.00 A Penillt Lur, ki to iv years): ny INFLATION COST: $ 1 ,n1 7-no TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 6,667.00 TOTAL RECLAMATION BOND COST: _ $ 6,600.00 _ (round down to the nearest $100 . 00) -15- NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES NCDEN.: '" 1F July 25, 2000 Al AMES B,HUNTJR ;GOVERNOR y� eUt. .n b Mr. Barry N. Couling Whitfield Enterprises, Inc, P.O. Box 127 r < '� WAYPI6 MCDEVITT. "� Dudley, North Carolina 28333 •. � ECRETARYy ( .,�S , RE Transfer of Mining Permit Ns:�°�t, 9V-35, 9U^3V, and 9U-20 Wayne County _ Neuse River Basin �tCF[A-LES H GARDN ER 4,LhG:,._P.E.lJIR EGTOR ::! Il.-...I RA.- to l-ng. AN D STATEGEg1.pGIST LJCOI IVII. LULI11 IlJ. We have received our request to transfer the subject permits. In Y 4 1 order to complete these transfers, additional information and a transfer tee of $50.00 is required. The new owners must fill out the first 3 pages of the application and a land entry agreement for each permit, provide a new mine map that has the new owners name on it and submit a ,V rJ' Ry5 Y- replacement bond in the amount sufficient to cover the site. The new owners must also submit a letter that states they are requesting the transfer. Please find enclosed a transfer checklist and two applications for I ! I your use in completing these transfers. If you have any questions, please s; '}T call me at (919) 733-4574. 4 Sincerely, Judith A. Wehner ",., Assistant Mining Specialist Land Quality Section Enclosures cc: Mr. Floyd Williams, P.G. .,t_ i LAND QUALITY SECTION (919)733-4574 FAX(9191 733.Z876 GEOLOGICAL SURVEY SECTION(9f 9)733-2423 FAX(919)733-0900 P.O. BOX 27687„RALEIGH,NORTH CAROLINA 2761 1-7687 TELEPHONE(91 9)733-3833 FAX(91 9)71 5.6801 "` "'� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50 RECYCLED/10% POST-CONSUMER PAPER �rttlel p p• WHITFIELD ENTERPRISES INC, 40 V P.O. BOX 127 • DUDLEY, NORTH CAROLINA, 28333 735-8952 FAX 735-7075 1' July 18, 2000 ADO Francis A Nevils, Jr. NCDEHNR P.O. Box 27687 Raleigh,NC 27611-7687 RE: Permit#96-32 The above referenced permit number iia; now been t-.--nsferred from Whitfield Enterprises, Inc. to Rex. S. Whitfield. Any further actions taken for this permit number will be handled by Rex S. Whitfield. If you have any questions please feel free to contact us at anytime and we will be happy to assist you. Sincerely Barry'N, Coulin Vice President • r . i . ne:r� '•! 'i i,�� r ., �d �r;tfler � • 0; WHITFIELD ENTERPRISES, INC. u P.O. BOX 127 • DUDLEY, NORTH CAROLINA, 28333 44 735-8952 FAX 735-7075 r><IS 1-4 July 18, 2000 11 I Francis M. Nevils, Jr. NCDEHNR P.O. Box 27687 Raleigh, NC 27611-7687 RE: Permit#9032 t would like to inform you that i Rex S. Whitfield will now be responsible for all actions taken on the above referenced permit numbers. If you have any questions please feel free to contact me. Sincerely 0 F� - Rex S. Whitfield r J � . '� ' i i ' ? 1 }, � .. f� � .� i � r .. , -/B it MINE RECLAMATION BOND CALCULATION WORK[ HBET is/2uss (based upon 10-year mine/affected area plan) Permit No . 46 -3Z Permit tee/Applicant 01 , eJ Gwl rr� Mine Name :�-( K n- E ti, f-- 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 Ac . X $ /Aoo / Ac . Mine Excavation VI,l Ac . X $ 5� / Ac . Other Ac . X $ / Ac . , _ $ TOTAL AFFECTED AC. Ac . Temporary & Permanent Sedimentation & Erosion Control Mea ures � 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, measures will be needed to prevent offsite sediment 44 a) Internal Drainage �G y Ac . , b) Positive Drainage Ac . % - $ 1500 / Ac .- $ - - -`-- SUBTOTAL COST: $ Iy/� Inflation Factor: 0 . 02 X SUBTOTAL COST: $ X permit life : (1 to 10 years) INFLATION COST: $ TOTAL COST = SUBTOTAL COST + INFLAT CQST = $ ff �� TOTAL RECLAMATION BOND COST: $ fl�J Jd(XJ (round do to the nearest $)I00) / ` �D s -2 .. Bond Based Upon: Annual Reclamation Report Form Acreage Approved 10-Year Mine/Reclamation Plan Remarks : Bond CalculatedBy: - Date of Bond Calculation : * PLEASE REMIT THE REQUIRED BOND, ON ONE OF THE BOND FORMS APPROVED BY TBE DEPARTMENT, AS SOON AS POSSIBLE TO OBTAIN YOUR NEW MINING PERMIT OR TO ENSURE THAT YOUR EXISTING MINING PERMIT REMAINS VALID. IF YOU SHOULD HAVE ANY QUESTIONS ON THE ABOVE, PLEASE CONTACT THE INDIVIDDAL WHO CALCULATED YOUR BOND AT (919) 733-4574_ 0 • View Ask Report Create Modify Image Forms Tools Scripts Exit [ • ] Standard Form [ i ]� Bondsum M 173 REGIONAL OFFICE: WARD h'F. COUNTY : WAYNE APPLICANT/PERMITTEE: WHITFIELD ENTERPRISES ACTION: MINE NAME: HWY 55 EAST PIT APPL/PERMIT NO. : 96-32 AC. TAILINGS/SED. PONDS: 0 COST/ACRE (TAIL/SED POND) : 0 . 00 AC. STOCKPILES: 0 COST/ACRE (STOCKPILES) : 0 . 00 AC. WASTEPILES: 0 COST/ACRE (WASTEPILES) : 0 . 00 AC. PROCESS. AREA/HAUL RD: . 2 COST/ACRE (PROCESS/HAUL) : 360 .00 AC. MINE EXCAVATION: 7 . 8 COST/ACRE (MINE EXCAV) : 3 , 900 . 00 AC. OTHER: 0 3'�? COST/ACRE (OTHER) : 0 .00 SUBTOTAL BOND COST: 4 , 260 .00 • 173 of 440i':; , ti ;a s ,ar, , ;. o "+y., $s 9s u, rea#i ro an S .J F1 Help F7 Table Ctrl-PgUp Prev Ctrl-PgDn Next Alt-F9 COEdit m Main View Ask Report Create Modify Image Forms Tools Scripts Exit [ • ] Standard Form [ i ]� Bondsum Page 2 # 173 TOTAL RECLAM. BOND COST: 7,800.00 ?a DATE BOND CALCULATED: 2/08/95 BOND CALCULATED BY: JW BOND ALREADY ON FILE: 25 ,000 . 00 g BOND AMOUNT (BAL) DUE LQS: 7 ,800 .00 CONTRACTOR'S ESTIMATE: ` DATE BOND REC'D BY LQS: AMOUNT OF BOND REC'D: 173 of 440 , AA'', se J Fl Help F7 Table Ctrl-PgUp Prev Ctrl-PgDn Next Alt-F9 COEdit Main '+.�,;.�..•gym-..y�,,��y� . ,i=•r�yu lC , NORTH CAROL.INA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES i` af;�•-.A•� DiviSION OF LAND RESOURCES • i�.00..sra`�O�{���"m$$l!FlFl��� May 12, 1998 JAMCS B.HUNTJR. ' GOVERNOR :4 . Mr. Barry N. Coining Whitfield Enterprises, Inc. , P.O- Box 127 ',WAYh[E MCpGV[TT' __ . Dudley, North Carolina 28333 - n SECRETARY M. RE: Permit Nos. 96728, 96-30 £-3 , a d 96-35 Edwards Borrow Pit Rose Pit, Hwy. 55 East Mine and Buckhorn No.2 Mine ,�CHARLES H.GAROML*R,..r,# _ P.G.,.PE.tpIREGT4R :};~ ._ .__.._. Wayne County AND STATEGCOLOG[ST :f, �1nt.cn 1?�.enrR�r�. Dear Mr. Couling: `'''`"' ''- We are in receipt of the $52,700.00, $79,400.00, $9,200.00, and •r $1 1,800,00 replacement surety bonds issued by United States Fidelity and Guaranty Company that you have recently submitted to this office. As these new bonds sufficiently replace the previous bonds, issued in the same amounts by Pennsylvania National Mutual Casualty Insurance Company, I am returning the '•.�•=' latter bonds to you for your records. ' I have reviewed each of your company's mining permit files_ and have "z w discovered that several of your sites are overbonded. The required bond for Mining Permit No. 96-28 is $34,200.00. However, your company currently has a $52,700.00 surety bond on file for the site. The required bond for Mining Permit No. 96-30 is $30 600.00. However, your company currently has a $79 400.00 bond on file for this site. Lastly, the required bond for Mining Permit No..96-35 is $6,000.00. However, your company currently has a $9,200.00 surety bond on f le for this site. I have attached the respective bond calculation workslieets for your review. You may wish to reduce the bands to the required bond amounts for each site or maintain the current amounts to cover future, approved modifications/ expansions of these sites. may,' •T 1. %w �- D '-.ss F•N 1 LAND gUALITY SECTION (919)733-4574 FAX (91`S!733-2876 GEOLOGICAL SURVEY SECTION (919)733.2423 FAX(91 91 733-0900 . ,,,r n L h•� ,i:� P.O. BOX 27687, RALEIGH, NORTH CAROLINA 2761 i-7687 TELEPHONE(919)733-3833 FAX [91'JI 715-8901 f•.�� +- ~_.....r, o,3'�... .AN EgUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50% RECYCL6o/I O n POST-CONSUMER PAPER A/fr ("nizfinrr , Page 2 Thank you for your cooperation in this matter. If you should have any questions on the above, please contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574. Sincerely, Charles H. Gardner, P.G., P.L. CHG/jw Enclosures cc,. Mr. Floyd Williams, P.G. (wlcopies of worksheets) N.C. Department of Enriron men I. Health, and Na l oral Resources Di.ision of Land Resources. Land Quality' Section Telephone Log Dnc.� /y ,� Ihm col� Time g. jy ly-am Call: Placed —❑/RKdved p 1 ' (�0 Ipm Resumed .ty County. 1.Conversation with: 9(L Telephone ( ) / 7. AfNiaUan. Sa�J cJ� Comer - n / etf Oita 700 wec.y 3Y, ztd 9C - -? of" A Boo Ala.d //, BM o� . . 9L - S /,w 9, 20o N G,mao �f✓,� g�t0 _ BZ GDO - �U SGYJ.�O L>'t Car. /'e l.--��t.�,. S e�U��O� u. 6�,✓�" ��.�j Af��croPc�o�.✓ sr/i� � '✓ .r. State of North Carolina Department of Environment, Health and Natural Resources + • • Division of Land Resources �T James 8, Hunt, Jr., Governor Jonathan 6, Howes, Secretary Fp1 Charles Gardner, P.G., P.E. Director and State Geologist April 4 , 1997 Mr. Barry N. Couling Whitfield Enterprises, Inc. P.O. Box 127 Dudley, North Carolina 28333 RE: Permit No. 96-32 Whitfield Hwy. 55 East Mine Wayne County White Oak River Basin Dear Mr. Couling: Your application for renewal and modification of the above referenced mining permit has been approved. The modification is to increase the permitted and affected acreage as indicated on the mine map dated December 16, 1996 . A copy of the renewed and modified permit is enclosed. The conditions in the renewed and modified permit were based primarily upon the initial application. Modifications were made as indicated by the renewal and modification requests and as required to insure compliance with The Mining Act of 1971. The new expiration date is April 4 , 2007.. 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 lies with you. As a reminder, your permitted acreage at this site is 26. 17 acres and the amount of land you are allowed to disturb is 19 . 3 acres. Geological Survey Section Land Qualify Section Geodetic Survey Section (919)733-2423 (919)733-4574 (919)733-3836 FAX:(919)733-0900 FAX: 733-2876 FAX:733-4407 r P.O. Box 27687,Raleigh,North Carolina 27611-7687 Telephone 919-733-3833 FAX 919-733-4407 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%past-consumer paper Mr. Couling April 4 , 1997 - Page 2 Please review the renewed and modified permit and advise this office at (919) 733-4574 should you have any questions concerning this matter. S incexely, Tracy E. 15avis, P. E. State Mining Specialist Land Quality Section TED/tls Enclosures cc: Mr. Floyd R. Williams, P. G. Ms. Barbara Rote-WRC, w/enclosures Mr. Bradley Bennett-DWQ, w/enclosures DEPARTMENT OF ENVIRONMENT, HEALTH 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: Whitfield Enterprises, Inc. Whitfield Hwy 55 East Mine Wayne County - Permit No. 96-32 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: A rll 4 z{}U/ Page 2 of 8 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment, Health 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 abov.e,_. 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 . Modifications April _4 ,_ 1997 : This permit has been modified to increase the permitted and affected acreage as indicated on the mine map dated December 16, 1996. Expiration Date This permit shall be effective from the date of its issuance until April 4 , 2007 . Page 3 of 8 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. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N. C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Section, 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 rLLay be necessary shal 1 1— 1.it 1-L L%A tL pr event dus}.- f L Lm leaving the permitted area. 3 . A. Sufficient buffer (minimum 25 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S. , or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the i'.. C. En.'ir^n,V„en+-al Management rnlnmic zi nn C. All buffer zones shall be maintained as indicated on the mine map dated December 16, 1996 . 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. Page 4 of 8 5 . All mining permit boundaries (26. 17 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. 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 (minimum of 25 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. A L 1 1 buffer zones cha 1 1 ha ma i nl-a i Hari ac i nrl i r-at ari nn t-ha L. mine map dated December 16, 1996 . 10. Refuse- Disposal 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 Div.ision. of Waste Management and the Land Quality Section, Department of Environment, Health and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. Page 5 of 8 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. 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 '$11, 800. 00 surety 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 of 8 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, 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. Page 7 of 8 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. 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. 10.A. and B. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3 . Rev_egetation Plan: After site preparation, all disturbed. land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates Species. Rate, Lbs_LAcre 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 25 Lespedeza (unscarified) 30 yerman mil let df] October 25- February 15 Rye (grain- temporary) 120 Soil Amendments Lime- 2000 lbs/acre or follow recommendations from a soil test. Fertilizer- 1000 lbs/acre 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 lbs/acre and anchored appropriately. Page 8 of 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. This permit, issued.June 30, 1988 , is contemporaneously renewed and modified this 4th day of April, 1997 pursuant to G. S. 74-52 . By: Charles H. Gardner, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment, Health and Natural Resources State of North Coma Department of Eh onment, Health and Natural Resources AW Q Division of Land Resources Admbogakmmtm James B. Hunt, Jr., Governor r� = L__J n S p Jonathan B. Howes, Secretory �� x-- e e �s ■ -a Charles Gardner, P.G., P.E. Director and State Geologist January 31 , 1997 CERTIFIED NAIL RETURN RECEIPT REQUESTED Mr. Barry Coaling Whitfield Enterprises , Inc. P.O. Box 127 Dudley, North Carolina 28333-0127 _- -Re: Highway 55 East Mine Mining Permit No. 96-32 Wayne County Neuse River Basin Dear Mr. Coaling: The review has been completed on the renewal and modification request your company submitted for the above referenced mine site. However, the following is needed to continue processing your application: The reclamation bond was calculated for this site using the information submitted on the Mine Map dated December 16 , 1996 . The reclamation bond for this site has been calculated to be $11 , 800. 00 . The calculation worksheet is enclosed for your review and the required bond or appropriate balance ($4,000.00) will be required prior to approval--of this renewal . and-.modification. For your convenience, I have enclosed a bond form, an assignment of a savings account form and irrevocable standby letter of credit form for vnur use in securina the required hnnd - The - name on the security must be the same as the name appearing on the application for a mining permit. In addition to one of these alternatives, you may, upon request , substitute a cash deposit. PLEASE BE ADVISED THAT THE RENEWAL AND MODIFICATION CANNOT BE COMPLETED UNTIL THE NEW BOND AMOUNT HAS BEEN RECEIVED_ Geological Survey section Land Qualify section Geodetic Survey section (919)733-2423 (919) 733-4574 (919)733-3836 FAX:(919) 733-0900 FAX: 733-2876 FAX:733.4407 P.O. Box 27687,Raleigh.North Carolina 27611-7687 Telephone 919-733-3833 FAX 919-733-4407 An Equal Opporrunity Affirmative Actim Employer 50%rocycled/10%post-consumer popes P :;k.0281 _ 677 594 L Receipt for Certified Mail +M No Insurance Coverage Provided ttt�ltt®a eM i), ki Do not use for International Mail PO''iRI S[MyM.k (See Reverse) Sent to Street and No. P.O , Stale and ZIP Code Postage Certified Fert� Special Delivery Fee Restricted ❑elivery Fee4 Return Receipt Showing 4 to to Whom & Date Delivered r Return Receipt Showing to Whom, C Date, and Addressee's Address a � TOTAL Postage & Fees C0 . Postmark or Date M E= 0 U. a STICK POSTA,E STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES (see front). 1. If you want this receipi postmarked, stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it I a your rural carrier (no extra chargel. 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the return m address of the article, date, detach and retain the receipt, and mail the article, to r 3. It you want a return receipt, write the certified mail number and your name and address on a 0 return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends i! space permits. Otherwise, affix to back of article. Ecdorse front of article RETURN RECEIPT REQUESTED adjacent to the number. p 4. If you want delivery restricted to the addressee, or to an autheozed agent of the addressee, M endorse RESTRICTED DELIVERY on the front of The article. E 4 Q 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt, If LL return receipt is requested, check the applicable blocks in item 1 of Form 3811 . d 6. Saye this rr..eipl and present it if you make inquiry. w U.5. GPO: 1%1-302.916 i • Y CERTIFIED MAIL Mr. Couling January 31 , 1997 Paqe 2 As required by G.S. 74-51 (h) , you are hereby advised that you have 60 days from the date of your receipt of this letter to submit the reclamation bond. 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. In order to complete the processing of your renewal and modification request, please forward the bond to my attention at the following address : Land Quality Section P. O. Box . 27687 Raleigh, N. C. 27611 Please contact me at (919 ) 733-4574 if you have any questions . Sincerely, Sample, C.P.E.S.C. Assistant State Mining Specialist Land Quality Section TLS\ Enclosures cc: Mr. Floyd R. Williams, P.G. o • MINE RECLAMATION BOND CALCULATION WORKSBEET 10/1{/9f (based 0on 10-year mine/affected �ea plan) Permit No. 9 '3L Permittee/Applicant : 4✓A- f V. Mine Name : Sf foknm,� sJ NA �.e . 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 Z __ . X $ 1$60 / Ac . _ $ 36o.oa Mine Excavation M.-L .'__C . X $ 5_0e / .AQ , $ 97�SU .OU Other Ac .. X $ /,Ac . , ' _ $ TOTAL 'A3FECTRD AC . ?c Temoorary & Permanent Sedimentation & Erosion Control Measures : Divide the TOTAL AFFECTED AC. above into the following'' two categories : a) affected acres that drain into oropesed/existing excavation and/or b) ' affected acres that wily be graded for positive drainage, measures will be needed to prevent offsite sediment a) Internal Drainage Ac . --b) ----Positive- Drainage - - Ac .- .X $ 1500 % Ac . SUBTOTAL COST: Inflation Factor 0 . 02 X SUBTOTAL COST: $ X permit life : (1 to 10 years) INFLATION COST: $ l `lBZo4 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ /G .fqZ- TOTAL RECLAMATION BOND COST: $ /// goo (round down to the nearest $100) ����5 yarn- 2 -- 7ianane Bond Based Upon: Annual Reclamation Report Form Acreage Approved 10-Year Mine/Reclamation Plan Remarks: Af!4 IZ-14 -9 L - Bond Calculated By /d= /�l1`''hr Date of Bond Calcu-atio^ : /-31 9 7 * PLEASE REMIT THE REQU-Rri ) BOND, Od ONTZ OF THE BOND FORMS APPROVED BY '1112 DEPART74-KNI, ;S SWN AS P:JSSIBLE TO OBTAIN- YOUR NEW MINING PERMIT OR TO ENSURE THAT YOUR EXISTING MINING PERMIT R.&MAINS VALID . IF You SHOULD HAVE ANY QUESTIONS ONTFB ABO'/E, PLEASE CONTACT THE I.NDIVIDUAL WHO CALCULATED YOUR BOND AT (919) 733-4-974 . - MINE RAMRTION BOND CALCULATION *KSHBET (based upon 10-year mine/affected area plan) Permit No . 96 "3Z- Permittee/Applicant : WA• ) A/J ��'/• _ Mine Name: SS 14'A"" ..•- AFFECTED RECLAMATION RECLJ* CN CATEGORY ACREAGE COST/ACRE COST Tailings/ Sediment Ponds Ac. X $_ / Ac. _ $ Stockpiles Ac . X $ / Ac . _ $ Wastepiles AC . X $ / AC . _ $ Processing Area/ Haul Roads 2 Ac . X $ /Soo / At . _ $ 366.0a Mine Excavation 19.1 . Ac . X $ Y6& /. Ac . _ $ 97 So •oD Other Ac . X $ / Ac . , _ $ TOTAL AFFECTED AC. : /1.-S AC . _ _ .. Temoorary & 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, measures will be needed to prevent offsite sediment a) Internal Drainage i9•j Ac . b) Positive Drainage Ac . X $ i500 / Ac : _ $ SUBTOTAL COST: $ 99iD Inflation Factor: 0 . 02 X SUBTOTAL COST: $ X permit life : (1 to 10 years) INFLATION COST: $ l yPi ZOO TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 6 qZ TOTAL RECLAMATION BOND COST: $ / / 00 (round down to the nf�earest $100) . ,//eels ytS�•� Bond Based Upon: Annual Reclamation Report Form Acreage Approved 10-Year Mine/Reclamation Plan Remarks : Mffp r�- — /7-ib -5 G Bond Calculated By: Date of Bond Calcu ation : * PLEASE REMIT THE REQUIRED BOND, ON ONE OF THE BOND FORMS APPROVED BY THE DEPARTMENT, AS SOON AS POSSIBLE TO OBTAIN YOUR NEW MINING PERMIT OR TO ENSURE THAT YOUR EXISTING MINING PERMIT REMAINS VALID. IF YOU SHOULD HAVE ANY QUESTIONS ON THE ABOVE, PLEASE CONTACT' THE INDIVIDUAL WHO CALCULATED YOUR BOND AT (919) 733-4574 . 3 DIVISION OF LAND RESOURCES LAND QUALITY SECTION January 21 , 1997 RA DEHNR TO: r vis FROM: Kay Andrew IAAI 2 3 19gj Washington Regional Office RE: Whitfield Enterprises, Inc. _LAND QUALITY SECTION Whitfield Hwy. 55 East Mine __ Wayne County Enclosed are comments from DWQ to Harry Bailey regarding the above subject application. Should you need further information, please call. • � . ._ ' �4 � ;a State of North Carolina RECEIVED • Department of Environment, r HNR f and Natural Resources) Washington Regional Office ISM / I �EHNFR James B. Hunt, Jr., Governor Jonathan B. Howes, SecretaryNJ LAND QUALITY SECTIO DIVISION OF WATER QUALITY WATER QUALITY SECTION - January 16, 1997 MEMORANDUM TO: Harry Bailey FROM: Robert Tankard.( SUBJECT: whitrcld Enterprises, Inc. Whitfield Hwy. 55 East Mine Wayne County The proposed mine site shows no collection or drainage system and the mine is not planning on dewatering. Therefore, they do not require a NPDES Pennit at this time. However, if they add a stormwater point source discharge coming from a process area, stockpile area or truck maintenance area then they are required to have a permit. 1424 Carelim Avenue, Waehinbron.NC 27999 Telephone 9191946-NN1 FAX 9191975.3716 An e4u'el OpWMHn Alfirm:uive Action Employer 50% rerycled 10% WSL[011lnmer p'yer ib'�r a j i; i�:� State of North C®lina Depa rt ment of EnTiironment, Health and Natural Resources 4 Division of Land Resources a James a Hunt. Governor ® � ^ , F1 Jonathan B. Howes, Secretary 1 V Charles Gardner, P.G., P.E. Director and State Geologist January 13 , 1997 Ms . Roma Gayle W. Weeks 2169 N .C. 55 East Mount Olive, North Carolina 26365 Re : Application for Renewal. and Modification of the Whitfield Hwy 55 East Mine Mining Permit No. 96-32 Wayne County Meuse River Basin Dear Ms. Weeks: Thank you for your letter dated January 1 , 1997 expressing your concerns regarding the above referenced application . Please find attached , a copy of the proposed mine map. Should this net answer, your concerns please contact Mr. . Harry Bailey in our Washington Regional office at (919) 946-6481. Mr. Bailey is responsible for inspecting the existing site and has furnished this office with his comments regarding the expansion of the present operation. - Please note , however, that zoning concerns , such as truck _ -,._noise_and-property_salues, are not within the _jurisdiction of The Mining Act and are more appropriately addressed through the local government. Again , thank you for your letter. Your comments will be incorporated . into -.our review. If you have any additional questions, please contact me at (919 )733-4574 . Sincerely, amp e, C.P.E.S.C. Assistant State Mining Specialist Land Quality Section- Attachments: Mine map cG' Mr. F]Oyd R. Williams , P.G . Geological Survey SeclioM1 Land Qualify Section Geodefic Survey Section (919) 733-2423 (919)733-4574 (919)733.3636 FAX:(919) 733-0900 FAX:733-2876 FAX;733.4407 P.O. Box 27687,Raleigh,Norlh Carolina 27611-7687 Telephone 919-733-3833 FAX919-733-4407 An Equal Opparlunry Affrmaliva Action Employer 50%recycled/ I n post conwmer paper i RF --- A� �Q DEHN January 1, 1997 Q-141F�6��n, 2169 N C » East `3 1 j Mount Olive, NC 28365 LAND QUALITY SECTio�,; Land Quality Section Division of Land Resources N. C. Dept, Of Environment, Health, and Natural Resources P. 0. Box 27687 Raleigh, North Carolina 2761 1 TO WHOM 1T MAY CONCERN: RE: Whitfield Enterprises, Inc. I received a NOTICE of Whitfield Enterprises, Inc.'s request to modify an existing surface mining permit. Appartently, I am an adjacent land owner to the proposed site. A map was not included with the notice_ 1Unlild U-1- A rnnv of lhn man Apparently, the proposed mining site is adjacent to my approximately 70 acre pond. Therefore, my concerns relate to the potential effects on my land and its value. The following is a listing of my stance,concerns and requests in relation to the proposed site: ♦ The excavation site may not drain into the pond. ♦ The excavation can not impact on the water-level of my pond. Since I own to the high-water mark; in the event a channel or access results from the mining_;then the additional water area becomes my property. ♦ The site must be maintained and left in an environmentally healthy manner, in addition to being visually attractive. ♦ The site must not have a negative impact on the value of the adjacent property owners land and water. request that information be provided to me on the Department's actions on the above requests and concerns in relation to the mining permit requested by Whitfield Enterprises; Inc. since I believe excavation has already begun. Are there engineering plans which will ensure that the above requests will be met'? Thank you for your assistance and response. Respectfully, Roma Gavle W. Weds - a nas � � `�,�„/,,,,� , tea` �a�t DIVISION OF LAND RESOURCES LAND QUALITY SECTION !` RECEIVED 0«. ber s0, wvd DEHNR MEMOR eNDUvI EJ'PAqN - 9 t TO: Roger Thorpe Water Quality Supervisor LAND QUALITY SECT[- Division of Water Quality - Washington Regional Office _ THROUGH: Floyd Williams Regional Engineer Land Quality Section Washington Regional Office THROUGH: Pat McClain Assistant Regional Engineer FROM. !7`c.. Ugin RE: LVR -l1:'elj 6^-ke..•sus 1w'A' :Ffrld N� ss E'nsf ylP y 1G Ce.,. �y Please circulate the attached copy of the referenced miring permit request for review and comment. In order to complete our review within the statutory time limits, please complete the attached Mine Site Review form and return to Floyd Williams by -j-an .a2, wv r997, . Mine maps are available for review in our office. Please see Kay Andrew. We appreciate your prompt attention to this request. Attachments cc: Tracy Davis, State Mining Specialist DIVISION OF LAND RESOURCES LAND QUALITY SECTION - RECOVE® January 2 , 1997 C DEHf1IR MEMORANDUM �7� JAN - 6 1997 TO: Tra ,pf Davis FROM: Floyd Williams LAND QUALITY SECTION Regional Engineer - ------� Land Quality Section \ Washington Regional Office RE: Whitfield Enterprises, Inc. Permit No. 96-32 Wayne County Attached are comments from Harry Bailey regarding the above subject application for a mining permit -renewal and modification. I do not have any additional comments. , . , . . �:�., •.. . , � , ,,,,� - " ,:,, . .. �_ . �>i., . . :,:� i . ...,� — p ,� ; . . ; po.. . . . . c,r : DIVISION OF LAND RESOURCES LAND QUALITY SECTION December 31, 1996 MEMORANDUM TO: Floyd R. Williams Regional Engineer vtf'1 THROUGH: Pat McClain j Assistant Re oval-Engineer FROM: Harry Bailey 4 'Engineering Technician Land Quality Section Washington Regional Office RE: Whitfield Enterprises, Inc. Whitfield Hwy 55 East Mine Permit No. 96-32 Wayne County The application for renewal and modification has been reviewed and the following comments made: 1 . On December 20 , 1996 I met with Mr. Rex Whitfield, Whitfield Enterprises, Inc. , and Mr. David Sutton, Cox- Edwards Company. The meeting took place at the Cox- Edwards Company building in Goldsboro. I went over the application and mine maps with them and made some recommendation for changing a few things. 2 . The bond for the renewal area should be recalculated due to the changes in the worksheet since April 19 , 1995. The credit for the recalculation could be applied toward the bond amount that is needed for the proposed modification area. 3 . David Sutton, Cox-Edwards Company, did a real good job on the mining application and the mine maps. It appears that everything has been addressed. Mr. Clyde A. Williams was notified as an adjoining property owner in the original application in 1988 . 1 . k sty 0 North Carolina Wildlife Resources Commission DI 512 N.Salishury Street, Raleigh, North Carolina 27611, 913391 Charles R. Fullwood, Exectrtive Director RECEIVED DEHNtt IAN 1 0 1997 F MEM0IZANDUM LAND QUALITY SECTION TO. Susan B. Edwards, Mining Program Secretary FROM: T. Wayne Jones, D-3 fisheries Biologist DATF: January 8, 1997 SUBJECT: Mining Permit Renewal and Modification for Whitfield Enterptiscs Highway 55 East Mine - Permit no. 96-32, Wayne County The North Carolina Wildlife Resources Commission (NCWRC) has completed its review of the subject application., and biologists on our staff are familiar with the proposed project Hen. Our comments are provided in accordance with certain provisions of the N.C. Mining Act of 1971 (G.S. 74-68. NCAC 5; as amended, 1981), We have no comment on the proposed project as it is Can cnllp proposed. Thank you for the opportunity to review and comment on this mining application. I Y I can be of further assistance please contact me at (919) 443-3536. State of North Carrona Department of Environment, Health and Natural Resources AZA� Division of Land Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary C Charles H. Gardner, P.G., P.E. Director and State Geologist December 30, 1996 ��,y2g252fi 2)pB�90 u' ti m mr i MEMORANDUM m s m 3vt11M W To: Mr. Owen Anderson Habitat Conservation Program coordinator; Wildlife Resources Commission �Sl From: Susan E. Edwardsff/ 6/F2Zfll�l Mining Program Secretary Land Quality Section Re: Mining Permit Renewal and Modification Request for Whitfield Enterprises, Inc. Highway 55 East Mine - Permit No. 96-32 Wayne County Please find attached for your review a copy of the mining permit renewal and modification application 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 January 27 , 1997 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 in the review of these type requests is greatly appreciated. Please contact Mr. Tony Sample at (919) 733-4574 if you have any questions. SBE Attachments cc: Mr. Floyd Williams Geological Survey Section Land Quality Section Geodetic Survey Secfion (919) 733-2423 (919)733-4574 (919)733-3836 FAX:(919) 733-0900 FAX 733-2876 FAX 733-4407 P.O. Box 27687, 'ideign,Noon Ca10i1no27Si'1-76c"7 ieiepiYGne 9i9-733-3833 rm919-733-4:w7 An Equal appwtunity ARrmative Action Employer 5096 recycled/ IM post.consumer paper DATE TO ASSISTAN A�"' �I�%� DATE Tj#USAN /2-Z-7- 14, LOGGED IN (J'C b s� C��r '11 1 MINING CHECKLIST FOR ROUTING Company Wn,7r�ud F�,i�•`sm . ,Z. r-Project Name 4. 5-5-j5m4�A•it Permit No. 96-3 Z County eh4sj� Date Received /i-t7 -96 Reviewer to-iq Please make copies of check to include with Central Office and Field Noffice files and log in" checks. * L�'elJ ew 2 Renewal ❑V Modification ❑ Transfer ❑ Release ❑ Additional Information ❑ Fee Needed A`N a,00 ❑ Fee Received: Amount Please route to: 1.✓As�•.o5 Field Office 5 gate Routed � Wildlife Resources Commission Date Routed �- * ❑ Archives and History Date Routed ❑v Other• 3�JQ 11m Ta-6�h)47,fL Data Routed , Suspense Date for Comments: /'L)'9 (Date received +30 days, not on weekend) " ❑ Please note the following: ',*SUSAN: Please make file and return Checklist and file to Reviewer 'bite Copy to Field Office Yellow and Pink Copies to File Goldenrod Copy to Susan Z'�--- 'D--? OVER SHEET HNR WHI WIELD ENTERPRISES, INC. P.O. Box 127 UEC 2 7 1996 10500LD MOUNT 0LNE µWY. DUDLEY,N.C. 28333 WAYNECOUNTY 010- 735-8952 LAND QUALITY SECTION 010. 735- 7075 FAX SEND TO Gbrrperry,nrrn forri Land Quality Section Barry N. Couling AlWim Oafs 12/24/96 Ohba kcefi n Omm oxwm Ealeigh,N.C. P.O.Box 127 - Budley,N.C. 28333 Fv meMer pro afYNlal 919 - 735 - 8952 ❑ Lkv� ❑RMMIYAB ❑ P/wf eanfmxk X❑Pbuem~ ❑F Tar W&ME/m TOW pe0". kduft aoren COMMENTS Please tind inclosed two copies of Minning Pemit AuplicaLign for Hwy. 55 East Pit. Mr. Bails asked that I send two conies to himm dim. _ State of North Callao Department of Env ronment, Health and Natural Resources / • Division of Land Resources James B. Hunt, Governor ®E Jonathan B. Howes, Secretary Charles H. Gardner, P.G.. P.E. Director and State Geologist December 30, 1996 Mr. Barry N. Couling Whitfield Enterprises, Inc. P. O. Box 127 Dudley, NC 28333-0127 RE: Mining Permit No. 96-32 Highway 55 East Mine Wayne County Dear Mr. Couling: We are in receipt of your mining permit renewal and modification request for the Highway 55 East Mine in Wayne County (Permit No. 96-32) . A renewal and modification to your mining permit will require the submittal of a nonrefundable $200 .00 processing fee. The renewal fee is $100. 00 and the modification fee is $100. 00. We regret that we cannot complete processing the above materials until we have received the necessary fee as authorized by the 1990 North Carolina General Assembly in G. S. 143E-290 and as set forth in the fee schedule adopted by the North Carolina Mining Commission 15A NCAC 5B- 6012 . We will continue processing the paperwork but cannot complete the renewal and modification until. the appropriate fee has been received by this office. Please remit by check or money order $200 . 00 payable to the North Carolina Department of Environment, Health and Natural Resources. DO NOT SEND CASH. Payments should be mailed to: Attention: Mr. Tony sample Assistant Mining specialist Land quality Section N.C. Dept. of Environment, Health and Natural Resources P. O. Box 27687 Raleigh, N. C. 27611 Full payment must be received by this office within 30 days or your materials will be returned unprocessed. Geological Survey Section Land Quality Section Geodetic Survey Section (919)733-2423 (919)733-4574 (919) 733-3836 FAX: (919) 733-M FAX: 733-2876 FAX:733-4407 P.O. Box 27687,Raleigh,North Carolina 27611-7687 Telephone 919-733-3833 FAX919-733-4407 An Equal Opportunity Affirmative Aclion Employer 50%recycled/ 10%pcst,c ro mer paper Mr. Barry N. Couling December 30, 1996 Page 2 A copy of the fee schedule as adopted by the North Carolina Mining Commission is attached. The section pertaining to the materials that you have submitted has been highlighted. see the fee schedule for further explanation. If you have any additional questions, please contact our office at (919) 733-4574 . Thank you for your cooperation. Sincerely, 6 l� Susan B. Edwards Land Quality Section /SBE Attachment State of North Cava Department of Environment, IVA Health and Natural Resources X4jj* ; p*) Division of Land Resources - , A James B. Hunt. Jr., Governor Jonathan B. Howes, Secretary ■ ■ ■ � ■ ■ Charles H. Gardner, P.G., P.E. Director and State Geologist December 30, 1996 MEMORANDUM To: Mr. Owen Anderson Habitat Conservation Program Coordinator Wildlife Resources Commission From: Susan H. Edwards Mining Program Secretary Land Quality Section Re: Mining Permit Renewal and Modification Request for Whitfield Enterprises, Inc. Highway 55 East Mine - Permit No. 96-32 Wayne County Please find attached for your review a copy of the mining permit renewal and modification application 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 January 27 . 1997 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. 1.- Your continued cooperation in the review of these type requests is greatly appreciated. Please contact Mr. Tony Sample at (919) 733-4574 if you have any questions. SHE Attachments cc: Mr. Floyd Williams Geological Survey section Land Quality Section Geodetic Survey Section (919)733-2423 (919) 733-4574 (919)733.3836 FAX: (919)733-0900 FAX:733-2876 FAX:733.4407 P.O. Box 27687,Raleigh,North Carolina 27611.7687 Telephone 919-733-3833 FAX 919-733-4407 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-conwmer paper NORTH CAROLINA MINING PERMIT APPLICATION State of North Caroiina Department of Environment, Health and Natural Resources Division of Land Resources Land Quality Section — FAI ICUVED " ' " QUALITY SECTION P.O. Box 27687 Raleigh, North Carolina 27611-7687 (919) 7334574 Revised 3/96 NORTII CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A M NING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Whitfield Hwy. 55 East Mine County--Wayne 2. Name of Applicant* Whitfield Enterprises, Inc. 3. Permanent address for receipt of official mail**_ P. 0. Box 127__ pudley. Nr 28333-0127 Telephone 919-735--8952 4. Mine Office Address P. 0. Box 127, Dudley, NC 28333-0127 Telephone 919-735-8952 5. Mine Manager Barry N. Coul i n We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature Date Print Name Barry N. Coul i nq Title Vice-President * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security] that corresponds to this site. *" The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of anv supplemental information required by the Department. All questions must be addressed and all required naps provided before this application can be considered complete. Attach additional sheets as needed. N - � 4 APPLICATION FOR A MINING PERMIT ■ NOTE; All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses g u�t be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: 1. a. If this is an application fora VE W 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): N/A Of this acreage, how much is owned and how much is leased? Acres owned: N A Acres leased: NIA Property owner if leased: b. If this is an application for REnWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: 96--32 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 11.22 Acres c. 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.: 96-32 Total permitted acreage: 11.22 Does the modification involve acreage md1hin the previously approved permitted boundary? Yes Now. 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 X No If yes, indicate the additional acreage to be covered by this modification: 14.95 (NOTE: you must complete it of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed) by the mining operation? Yeses No (if no, a "minor modification" fee of $50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affPrtr-Ad wither the acreage to be added to the hermit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon):11 1 d. If this is an application for of a mining permit, indicate the mining ppeermit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: NIA Total permitted acreage:_ N/A ■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERT UT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Indicate the approximate longitude and latitude, in degrees-minutes-seconds, of the center of the:mine site: LONGITUDE (dd-mm-ss): 77 -- 59 -- 45 .. Quadrangle: LATITUDE (dd-mm-ss): 35 -- 12 -- ---- 3. Name of all materials mined: 2 APPLICATION FOR A MINING PERMIT 4. Mining method: Hydraulic Dredge x Front-end Loader & Truck �_ Shovel & Truck Dragline & Truck _ X _ Self-loading Scraper Other (explain) 5. a. Expected maximum depth of mine (feet) 20 Reference elevation: N.C. Ham. 55 b. Expected average depth of mine (feet) 15--20 6. Has any area(s) at this site been mined in the past? Yes No X If no, proceed to Question 7. a. Acreage of previously affected land(s) at present site that has not been reclaimed: acres (identify ail areas on your mine map(s)). b. When and by whom wasrthis activity conducted. c. Acreage 01 previously affwted lwu ui •'reuer;t .ri:t.P. that has been rednimeAt - acres (identify all areas on your mine map(s) . d. When and by whom was this activity conducted? e. Do you wish to exclude any areas noted in 6a or c from this permit application? Yes No it Yes, how much? acres identif aii areas on our mine map'"', y ( Y y...._ t�i » 7. Present (pre-mining) use of the land (estimate acreage for each): Cropland acres Pasture acres Forestry 14. 95 acres Fish/Wildlife acres Recreation acres Other acres (Specify use: 1 8. Proposed land use after mining and reclamation has been completed (estimate acreage for each): Cropland acres Pasture acres Forestry 14.95 acres Fish/Wildlife acres Recreation acres Other. acres (Specify use: ) 9. Number of years for which the permit is requested (10 years maximum): 9 vra. B. MAPS 1. Four (4) copies of the county highway maps and four (4) copies of all mine maps and reclamation maps shall be submitted with each permit application. County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919) 733-7600 Clearly label and mark the location of your mining operation on the county highway maps. -3- APPLICATION FOR A MINING PERMIT 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 g 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/gxcavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on-site haul roads. 1. Location of planned and existing on-site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100 year flood lain limits and wetland boundaries. o. Names of owners of record, both public and private, of all adjoining land. p. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale b. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales must, at a minimum, meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-99 Acres 1 inch = 50 feet 100-499 Acres 1 inch = 100 feet 500+ Acres 1 inch = 200 feet -4- APPLICATION FOR A MINING PER UT 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/dis[nrbca du ng the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds N/A Stockpiles N/A Wastepiles Processing Area/Haul Roads N Mine Excavation 11.3 Other N/A NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SIT& 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 WELL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. 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? Yes—.No- X . If yes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). r 0j-.l \ e #n I hnl alp fha t�e�fPr ttahlP? (. YY 111 Ally di l Of Ll1G �7r V�]VJRi mine exla'r'pLl �5; CXIAN u 4it.to.. wv w+ Yes— rZ If yes, do you intend to dewater the excavation(s)? Yes No X . If yes, what impact, if any, will mine dewaterin have on neighboring wells? Locate all existing wells C/ on the mine maps) that lie within SQOfeet of the proposed excavation area. Provide data to support any conclusions or statements made. Indicate whether the proposed mine locale is served by a public water system or private wells. d. if the mine will extend below the water table, what is the pre-mining depth (in feet) to the seasonal high and low ground water tables? High 5 ft. Low 7 ft. What is the source! of this information? U.S. Dept. of Agriculture Soil SCS Soil Survey of Wayne County, N.C. e. if you answered yes to any of the above questions, provide evidence that you have applied for or obta;nPri the annrnnriate. water quality permit(s) (i.e.. non-discharge, NPDFS, etc.) from the Division of Environmental Management, Water Quality Section. There will not be any flow of runoff leaving the site. Groundwater and stormwater runoff will be impounded on site. -6- APPLICATION FOR A WNING PERAUT 2. a. Will the operatiT 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 Environmental Management, Air Quality Section, or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? Wratti nn [.ihon noorinii 3. Describe in detail the chronological sequence of land disturbing activities and reference the sequence to the mine map(s). Attach additional sheets as needed. The excavation of the site will occur in two phases due mainly to the shape of the property. Phase One will involve the disturbance of approximately 6.9 acres located in the northwest corner of the property. Phase Two will affect approximately 4.4 acres located adjacent to N.C. Hwy. 55. 4. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specyzc plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. The area to be excavated is surrounded by woodlands. Buffer areas varying from 25 feet to 100 feet will be provided around the area to be disturbed. There is an existing gravel roadway entering the site. Temporary waste areas and stockpiles are to be located within the actual mined area. Stormwater runoff will be contained within the mined area. -7- APPLICATION FOR A MINING PERMIT - - 5. a. How wide a buffer will be maintained between any mining activity and any adjoining permit boundary or right-of-way? Buffers must be located within the permit boundaries. Buffers along permit boundaries must be, at a minimum, unexcavated buffers. Show all buffer locations and widths on the mine map(s). 25' - adjacent property lines 40' - N.C.D.O.T. right-of-way 100' - Williams Mill Pond b. How wide a buffer will be maintained between any land disturbing activities within the permit boundaries and any natural watercourses and wetlands? Buffers along natural watercourses and wetlands must be Undisturbed. Show all buffer locations and widths on the mine map(s). 100' - Williams Mill Pond 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Sideslopes of the mined areas will be sloped with 21 : 1 Slope. b. 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 structures on the mine map f they are within 300 feet of any proposed excavation. Existing trees and vegetation within the buffer areas are to remain undisturbed. APPLICATION FOR A MINING PERMIT c. 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 detail/cross- section and location of each type of barricade to be used must be indicated on the mine map(s). There are no anticipated high wall areas. The perimeter of the mined area is to be sloped 2f : 1 . Fencing would be used to prevent public access to such areas if needed. d. Provide a cross-section on the mine map(s)for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope $radient, installation of any benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. N/A e. 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). Excavations to be sloped at 3 : 1 above water 2 : 1 below water f. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross- sections of the mine excavation clear yl noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. NIA - Do not anticipate hardrock excavations. 7. Are acid producing minerals or soils present? Yes Now_. Now will acid water pollution frnm the excavation, stockpiles and waste areas be controlled? -9- APPLICATION FOR A MINING PERMIT 8. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine maps) and provide cross-sections through all proposed bernts or proposed spacings, sizes and species for tree plantings. Existing trees and vegetation are to remain in place around the perimeter of the site. Berms are to be constructed where natural screenings do not exist. 9. 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. Locate the nearest offsite occupied structure(s) to the proposed excavations) on the mine map and indicate its approximate distance to the proposed excavation. 10. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes No X If yes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the locations) of all storage facilities on the mine map(s). 11. Are any processing waste, overburden or other such, minne wastes to Uc dlsposed of vff Yes No X . If yes, describe in detail what these wastes are and how they will be disposed. Attach a separate site map(s) showing the locations) of the disposal area(s). Include all specifications for erosion and sediment control. -10- APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the general methods to be used in reclaiming this land. 77fis information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). Excavated areas of the mine will be left with a minimum water depth of 4 feet. Areas not inundated are to be graded and seeded. Exposed banks are to be graded to a 21 : 1 slope and seeded. Temporary haul roads are to be plowed and seeded. 2. a. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes X No 1 es, illustrate the location o the b (s) of water on the reclamation map and provide a scaledycross-sections) through the of body(s) of water. The minimum average water depth must be at least 4 feet 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 X No If yes, specify species. Brim and Bass b. Describe provisions for prevention of noxious, odious or foul water collecting or remaining in mined areas. Provide details and locations of any permanent water outlets on the reclamation nrap. The areas of impounded water are to be fed by fresh ground water and maintained with a minimum depth of 4 feet. This will be sufficient depth to provide turn over. -11- APPLICATION FOR A MINING PERMIT 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. Construction details and locations of all permanent barricades must be shown on the reclamation map. N/A - Rock excavation not anticipated. 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on-site mine waste areas, including specifications for benching and sloping. Final cross-sections and locations Fnr cm-h nrone mxret by nrnvidolf nn thv rvr)mmntinn mnn none anticipated 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. On-site roadways are to be sloped to drain, plowed and seeded. Stockpile areas will be temporary and located within the excavation areas. These areas will be graded and seeded during reclamation. b. Will any on-site roadways be left as part of the reclamation? Yes No X 1f yes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization. -12- 0 APPLICATION FOR A MIMING PERMIT 6. Describe the method of reclamation of settling ponds and/or sediment control basins. None anticipated. 7. Describe the method of control of contaminants and disposal of scrap metal,junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971). No off-site Qenerated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environment, Health, and Natural Resources, Land Quality Section and either the Division of Solid Waste Management (DSWM) or local governing body. If a disposal permit has been issued by DSWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with a list ofitents to be disposed in said areas. There will not be any permanent storage on the site of broken equipment parts, scrape metal or other waste products associated with the mining of the site. There will also not be any such materials brought to the site from other sites. 8. Indicate the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. Provide design information, including typical cross-sections, of any permanent channels to be constructed as part of the reclamation plan. Indicate the location(s) of all permanent channels on the reclamation map. There will be no off-site drainage channels constructed as part of the mining process. 9. Provide a schedule of reclamation that indicates the sequence of reclamation and approximate time frame. If reclamation is to be accomplished concurrently with mining, then clearly indicate on the mine map(s) and reclamation map each segment that is to be mined and reclaimed during each year of the permit. Add drawings showing typical cross-sections and final features of the proposed reclamation. It is anticipated that Pit Area (1 ) will be excavated first beginning- at the western property boundary. Reclamation will closely follow the mine advance. It is estimated that the mining of Pit Area (1) will take approximately five years. The mining of Pit Area (2) will begin after Area (1 ) is completed. The area is not to be cleared until mining is to begin. It is anticipated that it will take approximately four years to mine Area (2) . -13- - A A APPLICATION FOR A MINING PERMIT 10. 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 permanent revegetation and, if necessary, temporary revegetation. Revegemtion utilizing on]yy tree plantings is not acceptable. NOTE: The Revegetation Plan muss be approved g id signed by one or the following: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment. Health, 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; C. Private consulting foresters referred by the Division of Forest Resources, Department of Environment, Health, and Natural Resources; f. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): Sze '0 de✓ P/a^ FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): Sec A./✓CA.Q( SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: Ser '"VW'Xew '�/• w OTHER VEGETATIVE COVERS - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetatio and/or reforestation plan approved by: Signature :6 cL Ozfb -- Date /02/�!0/'7G Print Name Title Dis4p. c4 CenS ru.-�•�.if- Agency USDA-NPcs -la- UNITED STATES SOIL WAYNE CENTER, RM 104 DEPARTMENT OF CONSERVATION 208 W. CHESTNUT ST. AGRICULTURE SERVICE GOLDSBORO, NC 27530 (919) 731-1532 December 20, 1996 David Sutton Cox-Edwards Company 1205 Parkway Drive Goldsboro, NC 27530 Whitfield Hwy. 55 East } Mine Reclamation Dear Mr. Sutton: Below is your seeding plan for the borrow pit located off of Highway 55, 4 . 5 miles east of Mount Olive. The pits are located on property adjacent to Williams Mill Pond. SEEDING PLAN- Whitfield-HWY 55 East AREA TO BE SEEDED-Approximately 15 acres impacted. h 8 acres to be seeded. SOIL TYPE- Waq_ram Loamy Sand, 6 to 10 percent slopes. Lucy loamy Sand, 0 'to 2 percent slopes. LIME AND FERTILIZER- Where amendments can be incorporated and soils are reasonably uniform, lime and fertilize according to soil test. In the absence of a soil test, apply 2 tons finely ground dolomitic _limestone per acre and 800 pounds of 20% superphosphate- or equivalent per acre. Additional amounts of analysis of fertilizers to use at seeding are: 1 , 000 pounds per acre of 10-10-10- or equivalent. An additional application of 50 pounds of nitrogen per acre plus other nutrients is usually needed within three (3) to twelve (12) months after planting. Application should be based on soil test. Where Site conditions prevent soil incorporation of lime and fertilizer, soil samples should be taken prior to applying soil amendments. Indicate on the soil test information sheet that the lime and fertilizer will be applied by means of hydroseeding eq«i.pment or cannot be incorporated in order to obtain proper recommendations . 0 0 If soil test results are not available at seeding, first application of lime and fertilizer will be one (1) ton of finely ground dolomitic limestone, 400 pounds of 10-10-10 fertilizer per acre or equivalent. This rate also applies when hydroseeding. Then apply identical amounts at the beginning of the first growing season after seeding. SEEDBED PREPARATION- Work lime and fertilizer into the soil where conventional equipment can be used. Use disk or similar equipment to prepare to depth of 3-4 inches. Use ripper if necessary. Lime and fertilize may be applied with seed mixture when a hydroseeder is used and where mulch will be applied. Seedbed preparation may not be necessary where hydroseeding equipment is used. Sloped that are too steep for conventional equipment (2 : 1 or steeper) should be seeded with hydroseeding equipment. Where hydroseeding equipment is not available for use on steep d o p ed, scarify t he s o i l surface ;:l th a chain harrow, pick chain, grader blades with chisels, hand tools or other equipment that will put the soil or make trenches approximately 1-2 inches deep, 6-12 inches apart across the slope in which the seed can lodge and germinate. SEEDING- August September 50 lbs/ac. of Tall Fescue 30 lbs/ac Browntop Millet September-November 50 lbs/ac Tall Fescue 1 bu/ac Small Grain January-March 10 lbs/ac Common Bermuda Grass (Unhulled) April-July 8 lbs/Ac Common Bermuda Grass (hulled) MULCH Use dry, unchopped, unweathered small grain straw or hay free of seeds of competing plants. Spread at the rate of 2 tons per acre. Evenly spread mulch over the area by hand or mechanical equipment . Apply mtil.ch unifor.ml.y so that :,ibout 25% of the ground surface is visible . IRRIGATION- If the soil moisture is deficient, supply new planting with adequate water. 3-4 inches penetration for plant growth at 10-day intervals, if needed until they are well established. This is most important on late season planting, in abnormally dry, hot seasons. Sincerely, Patricia S. Gabriel District Conservationist _ p � dry C. 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Pa 9 / RUA �� ,�` SS ■ ,tit r ky c i +5 Ruf} Go sCJPj'. Wag pq . .:cif,':.,.,,.:, r:s. .t•�. Rug \ •tt. t• �,a e,Y� �i KYU.' RUA �. :}�4•i74',.`1 r.tN't' Zi�j rta t •'C'' t',�" r.' ,S:' . .•. ..,'„' ;i , l•i• 's ..' L'{+. �. . V:a jj •� •,r'4y. W �p��t•-~r Sr f' (Joins;nser) - -7 f APPLICATION FOR A MINING PERMIT ' E. DETERMINATION OF AFFECTED ACREAGE AND BOND 771.fin1lowing bond calculation worlcrheei is to be used to establish an appropriate bond (based upon a range of$500 to $5,000 per affected acre)for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the annrazima(e acreagtL.for each aspect of the minine nneration. that Ynu intend to affect i 't in aartir n 1 r r. m ncoalacre tor each category from the Schedule. Qf Reclamatfon Costs provided with this application form): AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE COST Tailings/Sediment Ponds N/A Ac. X $ /Ac. _ $ Stockpiles N/A Ac. X $ /Ac. _ $ Wastepiles N/A Ae. X $ iAc. _ $ Processing Area/Haul Roads N/A Ac. X $ /Ac. = $ Mine Excavation 11. 3 Ac X $ 500.00 /Ac. = $ 5.650. 00 Other N/A Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: 11. 3 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, measures will be needed to prevent offsite sediment. a) Internal Drainage 11 .3 Ac. b) Positive Drainage 0 Ac. X $1500 / Ac. _ $ 0 SUBTOTAL COST: $ 5,650.00 Inflation Factor: 0.02 X SUBTOTAL COST: $ 113 .00 X Permit Life (1 to 10 years): 9 INFLATION COST: $ 1 ,017. 00 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 6 667 . 00 TOTAL AECLAHATION BOND COST: _ $ 6, 600. 00 (round down to the nearest $100 . 00) -L APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS �e "Notice" form, or a facsimile, thereof, attached to this application must be sent certified or registered mail to all landowners who are adjoining (contiguous to) the permit boundaries as indicated on the mine map(s). The only exception to the above is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a idx iTiap (or vu{er aita ii►vu re a :,etable tr' nPrtmentl must be mailed with the Completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of land adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. MOTE: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MKNG PERMITS ANM FOR PERNIIT MODIFICATIONS THAT ADD ADJACENT LAND TO A MINING PERMH'. ■ SEETHE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NO CA T IONT -16- NOTICE YUrSuailt lV provisions v.C. 74-50 ^f The K4ining Art of 1971 Notice is hereby given that -; Whitfield Enterprises, Inc. has applied on 12/20/96 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health, and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one): (a) a new surface mining permit (b) a modification to add adjacent land to an existing surface mining permit The applicant proposes to mine on 14.95 acres located (Mine- 11 Ore) (Number) 4.5 East of Mount Olive (Miles) (Direction) (Nearest Town) off/near road N.C. Hwy. 55 in Wayne (Road Number/Name) (Name of County) *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all owners of record of land adjoining (contiguous) to the proposed mine site (permit boundaries), and to notify the chief administrative officer of the county or municipality in which the site is located. Any person may file ..en comment". to +itP TlPnar+mPnr at the.ahnvP address within thirty (30) days of the issuance of this Notice vlrr't lt4ll W�ini�a,u a�a� av u.e Department or the filing of the application for a permit, whichever is later. Ao'uId 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 are on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For further information call (919) 733-4574. Please note that the Depanmentwill considrr an relevantwritlfn comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the_apyligAtio Clyde A. Williams P. 0. Box 202, Mount Olive, NC 28365-0202 (Addressee's Name and Address) 12/23/96 (Date of Issuance of this Notice/Mailed to Addressee): Whitfield Enterprises— Inc_,_ (Name of Appplicant} P. 0. box 12 Dudley, NC 28333-0127 (Address of Applicant) -17- , 0 a NOTICE Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that Whi tfi P1 d Entprnri ses. Inc. _ has applied on 1.2/20/96 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health, and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one): (a) a pew surface mining permit ❑ (b) a modification to add adjacent land to an existing surface mining permit ID The applicant proposes to mine Sand Clay Gravel on 14.95 acres located (Mineral, Ore) (Number) 4.5 East of Mount Olive (Miles) (Direction) (Nearest Town) off/near road N.C. Hwy. 55 in Wayne (Road Number/Name) (Name of County) *SEE ATTACHED MAP FOR PROPOSED PERNIIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all owners of record of land adjoining (contiguous) to the proposed mine site (permit boundaries), and to notify the chief administrative officer of the county or municipality in which the site is located. Any person may file written comment(s) to the Department at the above address within aurty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials are on file and available for public review during normal business hours at the above listed address as well as at the appropriate ref ional office. For further information ^'^� ^'�^ ��'�� nY__-- .+�.. •►...♦ f1. llgp r Mon4 unt !•llfl Cll�pT ATl TPIP.VATlt written tali (919) 333 +5 4. se � h - mm n l men i n within h ni2f thei h v' w process until a final decisionis made on the application Robert L. Morrison 9 Wife 1957 N.C. 55 East, Mount Olive, NC 28365 (Addressee's Name and Address) 12/23/96 (Date of Issuance of this Notice/Mailed to Addressee): bitfield Enterprises. Inc_ (Name of Applicant) P. 0. Box 12.7 (Address of Applicant) ~ -17- NOTICE Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that Whitfield Enterprises, Inc. has applied on 12/20/96 (Applicant Name) (Date) to the Land Quality Section, Division of land Resources, North Carolina Department of Environment, Health, and Natural Resources, P. O. Box 276g',, Raleigh, North Carolina 27611, for (chcek one)m (a) a new surface mining permit 11 (b) a modification to add adjacent land to an existing surface mining permit The applicant proposes to mine Sand Clay Gravel on 14.95 acres located (Mineral, Ore) (Number) 4.5 East of Mount Olive (Miles) (Direction) (Nearest Town) off/near road N.C. Hwy. 55 in waynr (Road Number/Name) (Name of County) *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS" In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all owners of record of land adjoining (contiguous) to the proposed mine site (permit boundaries), and to notify the chief administrative officer of the county or municipality in which the site is located. Any person may file written comment(s) to the Department at the above address within th rS%(30)days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a srgnifrcant 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 are on file and available for public review durin normal business hours at the above listed address as well as at the appropriate ref¢ional office. For further information call (93y 733-4574. lca5 not- h ^^^ will T cnnc+Hrr levant written commentsldocumentation within the provisions of the Mining Act of 1971 throughout t e application review process until a final decision is made on the anplication, Roma Gayle Williams Weeks 2169 N.C. 55 East, Mount Olive , NC 28365-8035 (Addressee's Name and Address) 12/23/96 (Date of Issuance of this Notice/Mailed to Addressee), Whitfield Enterprises , Inc . (Name of Applicant) P. 0. Box 2.7 1111(Ilep , WC 28"3-0127 (Address of Applicant) -17- IVOUICE Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that ��hitfip1d. n _Ente rispt, inrr_ _ . has applied on 12/20/96 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health, and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one): (a) a new surface mining permit 0 (b) a modification to add adjacent land to an existing surface mining permit El The applicant proposes to mine Sand Clay Gravel on 14.95 acres located (Mineral, Ore) (Number) 4.5 East of Mount Olive (Miles) (Direction) (Nearest Town) off/near road N.C. Hwy. 55 in Wayne (Road Number/Name) (Name of County) *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all owners of record of land adjoining (contiguous) to the proposed mine site (permit boundaries), and to notify the chief administrative officer of the county or municipality in which the site is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing wifl be held within 60 days of the end orthe 30-day comment period specified above. A copy of the permit application materials are on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For further information call (919) 733-4574. Please note that the, Uartmentwill --consider any relevant written c-omments/documentation within the nrovisiQlr s of the-Mining Act of 1971 throughout t e appliotion rgview process until a final decision i ma e on th licalion. Will R. Sullivan, County of Wayne P. O. Box 244, Goldsboro, NC 27530 (Addressee's Name and Address) 12/23/96 (Date of Issuance of this Notice/Mailed to Addressee): Whitfield Enterprises, Inc. (Name of Applicant) P. 0. fox 1?7 Dudl NC (Address of Applicant) -17- ® 4 - APPLICATION FOR A MINING PERINUT AFFIDAVIT OF NOTIFICATION I, Barry N. Coulin4 , an apylicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing - fining Pe.atit iha:adds adjacent !and to the M+ti Permit, from the N.C. Department of Environment, Health, and Natural Resources, being first duly swom, do hereby attest that the following are known owners of record, both private and public, of the land adjoining the proposed mining permit boundaries and that notice of the pending application has been caused to be mailed, by certified or registered mail to said owners of record at their addresses shown below, such notice being given on a form provided by tjie Department: (Adjoining Landowner Name) (Address) rlvde A. Williams P.O. Box 202, Mt. Olive, NC 28365-0202 Roma Gayle Williams '"leeks 2169 N.C. 55 East, Mt. Olive, NC 28365-8035 Robert L. Morrison 8 Wife 1957 N.C. 55 East, Mt. Olive, NC 28365 (Attach additional fist if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which the proposed mining site is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said office at the following address: (Chief Administrative Officer Name) Cou^ty of Wayne (Address) Will R. Sullivan P.O. Box 244, Goldsboro, NC 27530 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 the owners of recordof the adjoining land and the chief administrative officer of the county or municipality in compliance with N.C.G.S. 74-50 and 15A N.C.A.C. 51B .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. Date T Signature pplicant If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) ; (title of person executing Affidavit) 1, Sandra T- Peele , a Notary Public of the County of wayne State of North Carolina, do hereby certify that Barry N. couling personally appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my hand and notarial seal, this loth &ay of 19_96 _. Notary My Commission expires: April 23, 2000 -18- APPLICATION FOR A MIN& 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 1071 . 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: /J APPLICANT Signature �GWt4& ��Co��l Signature ' // � ��//l/tvG-� Print Name: Barry N. Cooling Print Name: Barry N- rmninn Address P. 0. Box 127 Title: Vice-President Dudley, NC 28333-0127 Company: Whitfield Enterprises, Inc. Telephone 919-735-8952 Mine Name: Whitfield Hwy. 55 East Mina 'Signature must be the same as the individual who signed Page 1 of this application. Four (4) copes of the com^r^r^a application four id) conies of all mine mans and reclamation maps o d the appropriate processine fee (see neat page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment, Heabh, and Natural Resources must be sent to the Land Quality 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. -19- MINING *A nonrefundable permit application processing fee is required when filing for a new mining permit, a major permit modification or a renewal permit as follows: TYPE ACRES** NEW PERMIT MAJOR RENEWAL MOD I ri CATION Clay 1 but less than 25 $500 $250 $250 25 but less than 50 1000 500 500 50 or more 1500 500 500 Sand & 1 but less than 5 150 100 100 Gravel, Gemstone, and 5 but lees t`ndlt 25 ��� 10n 1 Borrow Pits 25 but legs than 50 500 250 500 50 or more 1000 500 500 Quarry, 1 but less than 10 250 100 100 Industrial Minerals, 10 but less than 25 1000 250 500 Dimension Stone 25 but less than 50 1500 500 500 50 or more 2500 500 500 Peat & 1 or more 2500 500 500 Phosphate Gold (Heap Leach) , 1 or more 2500 500 500 Titanium & Others •A nonrefundable S50.00 permit application processing fee is required for minor permit modifications. Motor permit modifications include ownership transfers,name changes,bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit ttodiftcation also includes lands added to a permitted area,outside of the minimum permit buffer zone requirements,where no plans for raining related disturbance of the added lands have been approved, All other changes are considered major modifications, **Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected by the modification within the permitted mine area,or any additional land that is to be disturbed and added to an exiling permitted area,or both. 319a -20- LA.NU QILALITY SECTION HEAD "DARTERS Irimrw Dod,S,P.O..Pe.-rn:rbylmn, w,u.m Req/vl®o.seem.eem uee 06M M3 574 - _$.N 9.cniFlw.P.C. ,*3m,n dfl lz4nu s9ee41'6 19193 f 019) 313N,E.Iiiur35tl.m Tmy x.w mrn Anean nee Hpe4lim FA%F(919)9Jy$1M P.O,Ber c 2 Tn<3 E.0.H4 P.E.R6. $vu Mimq spwash $vmplm Nki!!.NC SMII Tm w.Ump,-4m4 Mmq"Spodo It"s R1gb-Aumn Sn Minq SpsixiP NUIP-4M fuMeO beer X.4u1n4 P.EYY Sum Domrm A aW m-9Muma60.'m IUI X.RIop.E.I.T.1.T.•AeM.Lu 0.m Alex 3uov LWrN-}fWq E4. LAND QUALITY SECTION REGIONAL OFFICES AS�VOIE MGOPlSVOIl WPBIONSNFAI R G9 e1mmo FN11JA.PA. VACA DOVO MWFA.P.E. 3DW1 NOLL6Y.P.& Ines whir. 919 NmW 1M63eem 515 wng fmn 30W4nm OAS 39 WmIfie P¢e M Waw.NC M15 WMm pPC rim P.0.¢n91687 Alm.ine.nc 31M1 ala Xc Heil RNRmI-M.55-01 MMOA.O&MI6 COMOA-u-x1A 1910/nIJ1O! ORMtOPPRB (I04)1514:m-UA OMI 63mm-" PAx F 01O1 177IM31 (9191571463-on FA IM0351N53 PN[I(1013(Q3 PAGE 11919/531471% A4m.m. AIbMn Ae. ASx bnarb Yb AYveM WvR GrwO Arian Rile CYei® Oalprm uwolp CMmba CLF Ctlrmr MSWilerF o, sg S Reetlgl.rm In Onwille N,& OMrm1 NpemN mu C m Pemmr WO r 9beS SSS NmMw 0 Nrn Mmee MYm CMalutl lmelY rwP WiIW YNGn NeMmP1w WA, Rmv hM MCWeII MY M se WrSe! Oren VYM V Y,m,y Seru Tra3lrra 4rh0 rnS Wnm Rvq FAV6F38VWS WODtOs3GTON WA GMN IO601A5s,9 E. OAN WO1 SA P.M. F1.0" ,P.O. WS1m0.Bldg. GT celrw OMr.m Iar crmlim Arm Su 714 wileielvm.NC SM033M5 Wrdhry NC 37M Rpeenilk,Nc MCI N11ROII-160b1 C Cgt.14- =1111R-041633 191939b 1- 0104misn1AI P10139"500 Qb PA%0 Gin 913.371e FA 0PI1n.r60M FM RIM 3503004 B&m,W Rive GmSee CEgre Mine Ma u e lm R t ffl S cmS Mrimr3 0.n Mn e1tlS Onertt Qebe Omm IPwowd N3ee bmr N H,m¢ieMmtl CdueMr Pv lade Mmee %e Nnna RMm Drylu ASx4N P g mmm M0 xw. s,qm Tmev wdn Wy REVISED 39 s $CHEDD RECLAMATION CO_ (based ukon range_ af _T50a - _85, 00o pez afiecied acre) COMMODITY CODES: SG = Sand and/or Gravel, GS - Gemstone, Borrow Borrow/fill dirt, CS = Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI Mica, LI - Lithium, PF = Pyrophyllite, OL Olivine, KY = Kyanite/Sillimanite/Andalusite, PH - Phosphate, CL = Clay/Shale, PE - Peat, AU = Gold, TI = Titanium, and OT = Other Typo T/S Ponds S.Piles W.piles P.area/H.R. Mine Escay. SG, GS, $500/ac. (L) $1800/ac. $2000/ac. $1800/ac. $500/ac. (L) Borrow 1500 (FI) 2000 (PD) CS, DS, 500 (L) 1800 2000 2000 500 (L) FS, MI, 1500(FI) 2500(PD) LI, PF, OL, KY PH, CL 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) PE, J-sw I 10__ %_1 75nn ;oog 3500 2000 (L) TI, OT 2500(FI) 5000(PD) (L) - reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage and revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU KAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CgEMCTOR. SAID ESTIMATE MUST BE PROVIDED TO THE FOLLOWING ADDRESS WITHIN _ 30 DAYA_ FOLLOWING YOUR RECEIPT OF THIS BOND CALCULATION: Xining Program Land Quality Section P.O. Bog 27687 Raleigh, North Carolina 27611 ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM: - FINAL GRADING COSTS PER ACRE - LIME AND FERTILIZER COSTS PER ACRE - YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) - MULCH AND ANCHORING COSTS PER ACRE - ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL 'BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTORIS FINAL BOND DETERMINATION. 10/16/95 I,ClirJ ropier of dus pubUc dncumen: +i-rr printed ar a case of 536.4 00 er 1.36 per ca1n. 31'�t w DEPARTMENT OF ENWRONMENT, HEALTH AND NATURAL RLVOU)? ZS DI►7SION OF LAND RESOURCES•LAND QUALITY SECTION -22- 0 i APPLICATION FOR A MINING PERMIT- ' E. DETERMINATION OF AFFECTED ACREAGE AND BOND VVIfollowing bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of$500 ro $5,000 per affected acre)for each perrnined mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. nserf the Q proximate r r r uP9 the. Ithe ottxhiiiI (in aVdition, l Were r notion castlacre for fiic� catEgory from Me Schedule ! n Costs Providedw AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE COST Tailings/Sediment Ponds N/A Ac. X $ /Ac. _ $ Stockpiles N/A Ac. X $ lAc. _ $ Wastepiles N/A Ac. X $ /Ac. _ $ Processing Area/Haul Roads N/A Ac. X $ /Ac. _ $ Aline Excavation 11 .3 pe X $ 500. 00 /Ac. _ $ 5.650.00 Other N/A _ Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: 11. 3 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, measures will be needed to prevent offsite sediment. a) Internal Drainage 11 . 3 Ac. b) Positive Drainage 0 Ac. X $1500 / Ac. _ $ n SUBTOTAL COST: $ 5, 550. 00 Inflation Factor' 0.02 X SUBTOTAL COST: $ 113 00 X Permit Life (1 to 10 years): 9 INFLATION COST: $ 1 ,017. 00 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 6,667, 00 TOTAL RECLAMATION BOND C08T: _ $ 6,600.00 (round down to the nearest $100 . 00) � lee 1 �� f CLYNE A. WILLIAMS t PROPYN Z i Ra , /� P E%6TING PERMITTED AREA �4 SS xl ,' ia.9s ACRES TOTAL ,¢'qx 7411 TRI MAN NARRYI AM inn Cb � IE PROPERTY �YJ� m 41 f(� AI N, lT `('iYr = r g«aa 7 ti_ Pam" Rp ?y tea - m 3 11I R ExlsnN vERMNiEo A fi4 Pi yy r L PITMAN ww o TnETo I+ +° y SSx � �'- �f � u PROPERTY ¢Q � nvwn Its. _ TAW thin aa r mew WAR, �dr , � a r' rsex s. WITHHELD PROPERTY _ N.,.� x ..�.x A..'w TYPICAL mo PT SIA0 f1 - •� HENRY J. WORRELL CALix[ N b`.^�'� PROPERTY PIT H. P&WRIrtlEGAtl IPd6 ,� .w WHI4GIG0.® FBWtl q ii „ ' ®G�1M14' 47�P1�°dtlAd 49 LSA�4 PNII00� 7007 ClYDA0PENTI7lIAM5 WHITFIELD HWY. 55 EAST / 9 MINE MODIFICATION MAP /P CA VAYNX PNTY Apex ow Ros Ill Rv M Mc. PR a NORTH ctLVMA PROP. MWIIYCATIBN AREA li 1 ;ry CLTOE A. "WARS I4.95 ACRES IOIAL PRIPERW I / wry xk Wr Q .... i E PROP, 1MOOZ41CATbN ARE Al ,. 91 ROBERt L. MORRISO n �✓� "'— (( IRS r WIR PROPERTY, LLZTO R$ jAQ 7 Ell]1. PERNRTEO AREA M W EASI ACRES 6 (5 0 WXIiFIELII MWT. 55 ME 4 V PELIPI woRPnl >R,ivrRTY V .a State of North Carolina Department of Environment, Health and Natural Resources • • Division of Land Resources A4 James B. Hunt, Jr., Governor ID E H N F� Jonathan B, Howes, Secretary Charles Gardner, P.G., P.E. Director and State Geologist April 19 , 1995 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Barry N. Couling Whitfield Enterprises, inc. P.O. Box 127 Dudley, North Carolina 28333 RE: Permit No. 96--32 Whitfield Hwy. 55 Ea5t Mine Wayne County Dear Mr. Couling: We are in receipt of the $7 ,800 .00 replacement reclamation bond that you have submitted to this office. As a result, the above mentioned permit has been revised to reflect the new bond amount. Please attach this letter to the existing permit for future reference. Your $25,000.00 blanket bond previously used to cover your company's permitted mine sites has been returned to you under separate cover. Thank you For your cooperation in this matter. If you should have any questions on the above, please contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 . Sincerely, n i Charles H. Gardner, P.G. , P.E. CHG/jw cc: Mr. Floyd Williams, P.G. Mr. Boyd E. Wilson, Jr. Geological Survey Section Land Quality Section Geodetic Survey Section (919)733-2423 (919)733-4574 (919)733-3836 FAX: (919) 733-0900 FAX:733-2876 FAX; 733-4407 P.O. Box 27687,Raleigh,North Carolina 27611-7687 Telephone 919-733-3833 FAX 919-733-4407 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper DEPARTMENT OF ENV 2 RONMENT HEALTH AND NATURAL RE SOURC E S D=V=S=ON O F LAND RESOURCE S LAND QUAL=TY S E CT=ON ]E'_ 7? M T -V for the operation of a mining activity In accordance with the provisions of G.S. 74--46 through 681 "The Mining Act o£ 1971 , " Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Whitfield Enterprises, Inc. Whitfield Hwy. 55 East Mine Wayne County - Permit No. 96-32 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: June 30 , 1998 Page 4 of 5 10 . 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. 11 . The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $7 ,800 . 00 surety 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 hot exceed the bonded acreage. 12 . 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. t 65 State of North Carolina Department of Natural Resources and Community Development Division of land Resources 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor Stephen G. Conrad S. Thomas Rhodes, Secretary November 30, 1988 Director CERTIFIED MAIL RETURN RECEIPT MQUESTED Mr. Rex Whitfield Whitfield Enterprises, Inc. Route 3, Box 24 Dudley, North Carolina 28333 RE: $25,000 .00 Blanket Bond Dear Mr. Whitfield: As this office has recently received a $25,000 .00 Blanket Bond sufficient to cover all of your currently permitted mining operations, I am returning the following surety bonds which were previously posted for each site: 1. U.S. Fire Insurance Ccrnpany - $2,500.00 for Edwards Borrow Pit, Wayne County 2. U.S. Fire Insurance Cornpanny - $5,000.00 for Whitfield Enterprises Pit, Wayne County 3 . The Travelers indetanity Cornpany - $5,000.00 for Whitfield thy. 55 East Mine, Wayne County 4. The Travelers Indemnity Cctnpany - $5,000.00 for Whitfield Buckhorn Pit, Wayne County Therefore, in light of the above, please find enclosed revised permit pages for eas.*. of the above sites denoting the change in the Mnd alrcurt to the $25,000.00 Blanket Bond which n covers these mining operations. P.O. &m '_](s7. W169h, Nonh Canihm 27d191:P7 la Thonc 91?733.3813 An [pal 0W'inunin Ailirmanvc Mion F.MPluc Mr. Rex Whitfield November 30, 1988 Page 2 Thank you for your cooperation. Please advise at (919) 733-4574 .should you have any questions. Sincerely, <Tr/aceE. Davis, E.I.T. Assistant Mining Specialist Land Quality Section TED:se Enclosures cc: Mr. Floyd Williams (w/permit cover pages and revised iU-iid cuiiount pages) P a8Z S75 508 Receipt for Certified Mai ! .� No Insurance Coverage Provided t"TEosuTES Igo not use for International Mail POST" 5E welcl (See Reverse) Sent to Street and No . P,O, , Stwo and ZIP Code Postage Certified File Special Delivery Fee Restricted Delivery Fee Return Receipt Showing rT to Whom A Date Delivered N Return Receipt Showing to Whom, r_ Date, and Addressee's Address TOTAL Postage © & Fees Postmark or Hate M E a UL to a � STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE. AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES (see front). m 1 . If fuu want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier Ina extra charger 2. If vau do not wart this receipt postmarked, stick the gummed stub to the right of the return address of the 3rlicle, data, detach and retcin the receipl, and mail the article. m 11 3. If you want a retuni receipt, write the certified mail number and your name and address an a c return receipt card, farm 3811 , and attach it to the front of the article by means of the gummed 2 ends it spate permits. 01herwise, albx to back of article. Endcrse Iront of article RETURN RECEIPT REQUESTED adjacent to the number. 00 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee. M endorse RESTRICTED DELIVERY on the front of the article. E 0 5. Enter tees for the services requested in the appropriate spaces an the front of this receipt. If LL return receipt is requested, check the applicable bincks in item 1 of Form 3811. V) rL 6. Sava this receipt and present it if you make inquiry. U.S. G?O: 1991 -302-916 DEPARriMEgT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF LAND RESOURCES LAND QUALITY SECTION P E R M I T for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1 g71 " -.ni nrrr Permit Remilati on 15 NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted. to: Whitfield Enterprises Whitfield Hwy. 55 East Mine Wayne County -- Permit No. 96--32 for the operation of a Sand Pit which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation .will receive the greatest practical degree of protection and restoration. Page 4 of 6 10. The operator shall notify. thc 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. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. 11. The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $25,000.00 Blanket Bond is sufficient to cover the operation as indicated �,, a l +; This Sev l�rit�, n„ct remain i n fnrc P fnr thi onuie approvladl application. 1 permit to be valid. The total affected land shall not exceed the bonded acreage. 12. 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 ..r__i i_� nv..l- .�_:o 'A-J- " hr.�.l.7 -I, �rnratnr r% .'�...rn HufLai-, Sk-elel.al �itiia_Lns r"rot_cs..[_-_L r��.i.., siiv"_d �.k..1,��.� _ y 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. State of North Carolina Department of Natural Resources and Community Development Division of Land Resources 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor Stephen G. Conrad S. Thomas Rhodes, Secretary June 30, 1988 Director Mr. Rex Whitfield Whitfield Enterprises Route 3, Box 2-4 Dudley, NC 28333 RE: Whitfield Hwy. 55 East Mine - Wayne County Dear Mr. Whitfield: The application for a mining permit for Whitfield Hwy. 55 East Mine in Wayne County has been found to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As we have received the required surety to cover this application, I am enclosing the mining permit. The conditions of Mining Permit No. 96-32 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 June 30, 1998. G. S. 74-65 states that the issuance of a mining permit does not supersede local zoning regulations. The responsibility of compliance with the applicable zoning regulations lies with you. This permit does not preclude the assessment of a civil penalty for mining without a permit or for other violations committed prior to the issuance of this permit. Please review the permit and notify this office of any objection or question concerning the terms of the permit. Sincerely, rid Thomas E. Carroll, P.G. Mining Specialist Land Quality Section TEC/se Enclosure cc: Mr. Floyd Williams P.O. Box 27687, Raleigh, Notch Carolina 27611-7687 leiephone 919-733-3833 An Equal Opportunity Affirmative Amon Employer DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF LAND RESOURCES LAND QUALITY SECTION P E R M I T for the operation of a mining activity in accordance with the provisions of G.S. 74-46 through 66, 11rrn-.. NA, 7%-4-- F 9 0'7l �� fu5, n�,•,.,;} Ao.-,,,1�+-;.,,, 1 5 TT lIf 111G 1.1111�11y tll..1, vl 1�ft, i•a.�iag .�.�.ii...� 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Whitfield Enterprises Whitfield Hwy. 55 East Mine Wayne County -- Permit No. 96-32 for the operation of a Sand Pit which shall. provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. Page 2 of 6 In accordance with'the application for this mining permit, which is .hereby approved by the Department of Natural Resources and Comrntinity Development, 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 ccimpliance 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 camplying 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 nr9r3 i ti nn +r% f-ha tha Tlanarf-manf- may i nGf-i tiitP nthar anfnrr-arr�nf- nrrk-(n0tvrraC-- 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. ,nr.L.i.a%...i.w1 ucc�.c This permit shall be effective from the date of its issuance until June 30, 1998. 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: Page 3 of 6 OPERATING CONDITIONS: 1. Any wastewater processing or mine dewatering shall be in accordance with permit requirements and regulations promulgated by the N.C. Environmental Management Can-nis s ion. 2. Any mining process producing air contamination emissions shall be subject to the permitting requirements and regulations promulgated by the N.C. v,u<<c„vat ,iculngtYLtt.fil CZ1iLisS1on. 3. Sufficient buffer shall be maintained between any affected land and any adjoining waterway to prevent sedimentation of that waterway from erosion of the affected land and to preserve the integrity of the natural watercourse. No wetland shall be disturbed. 4. Adequate mechanical barriers including but not limited to diversions, earthen dikes, brush barriers, 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 or natural watercourse in proximity to the affected land. 5. 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 offsite damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 6. The affected land shall be graded so as to prevent collection of pools of water that are, or likely- t^ �r...*r+ �---� **------ a .n .n,. , i,vxicus or wul, ivCc:essary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 7. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 8. A. Sufficient buffer (a minimum of 40 feet) shall be maintained between any excavation and any adjoining property line or right-of-way to prevent caving of that property and to allow grading of the sideslopes to the required angle. B. A minimum 100 foot unexcavated buffer shall be maintained between the excavation and William's Mill Pond. 9. 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. Page 4 of 6 10. 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. Approval to implement such changes must be obtained from the Department prior to on--site implementation of the revisions. 11. The security which was posted pursuant to N.C.G.S. 74--54 in the form of 5,000.00 surety bond is sufficient to cover the operation as indicated on 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. l7, A, Ai?thnri7Pd represent.at.ives. of the Divisinn 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 5 of 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, likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and reconve-nded 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 carpleted within two years after completion or termination of nU'Iiing. RECEAMATION CONDITIONS: 7% ---4'"a �-+'� a.*:d U,^h�ect f-n the Reclamation schedule, the planned 1. F J_o v.Cued f further,aer, J 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 average water depth of four feet. B. The sideslopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter above the water level and li horizontal to 1 vertical or flatter below the water level. Page 6 of 6 C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be dumped at the mine site. Scrap metal, trash or other such waste shall be removed from the site and properly disposed. 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 outlined in the application by the USDA Soil Conservation Service on June 8, 1988. 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 one year of completion or termination of mining. Permit issued this 30th day of June, 1988. By Stephen G. Conrad, Director Division of band Resources By Authority of the Secretary Of the Department of Natural Resources and Community Development North Carolina Department of EnvlronmeM, Health, and Natural Resources, ✓, Division of Land Resources, Land Ouelity Section S " MINE INSPECTION REPORT (PE91IMT ED NmN`r 1. MINE NAME IUI.:>< e �.l NW,. 55 Ec3/ M•�e 2. MINING PERMIT$ U - 37- 3. OPERATOR Wh:/'/%e /�/ En r:4e:ses> 7ne- COUNTY' wok' ,. 5. ADDRESS_PO. /4or /07 D...J lam.. .v.C. sH33.76. PERMIT EXPIRATION DATE 7. Person(s) contacted at site mo ,,.,� a} ,ram s:/e 8. Was mine operating at time of inspection? ❑ Yes QNo 9. Pictures? ❑Yes p;No 10. Date last inspected: 31 9' /9S 11. Any mining since last inspection? Yes ❑ No 12. Is the mine in compliance with the Operating Conditions of the Permit? {Yes ❑No If no, explain: 13. Is the mine in compliance with the Reclamation Conditions of the Permit? 3C1Yes ❑No If no, explain: A 14. Did any of the above deficiencies result in olfsile damage? ❑Yes No If yes, describe the type and severity of the damage: /19 15. Corrective measures needed and/or taken: 16. Other recommendations and comments: / A0 g,il" . 5-4is bo:. "Goat hop Ago,yg t. /uAt/1 17. Is the Annual Reclamation Report +/- map accurate? Yes ❑No (Explain) El Not Reviewed 18. Follow-up inspection needed? ❑Yes �1 No Proposed date_/_/ 19. No. of additional pages of Inspection Repoit_. 20 Copy of Report sent to operator 3 / 13 / 96 �Y (dale) INSPECTED BY. _/ �++•� DATE 3 / N / 9� Phone No: ( 9rq ) 4eG _ IgI R-'-r2FF White copy to Me Yellow copy 0 operator Pink copy to Mining Specialist "i State of North Carolina Department of Environment, Health and Natural Resources • • Division of Land Resources James B. Hunt, Jr., Governor ® e Jonathan B. Howes, Secretary FE Charles Gardner, P.G., P.E, Director and State Geologist February 9 , 1995 Mr. Berry Couling Whitfield Enterprises P.O. Box 127 Dudley, North Carolina 28333 Re: Bond Calculations for Whitfield Enterprise Mining Permits Wayne County Dear Mr. Couling, This letter is in response to our telephone conversation on February 8 , 1995 . You requested information on the bonding status of your Company's mining permits. Please find attached the bond calculation worksheets for the mining permits your Company currently holds with this Department. I have also enclosed a schedule of reclamation costs and bond forms for your use. The breakdown of the bonding requirements of the five Whitfield Enterprise Mines is as follows: Permit No. 96-28 $52 ,700 .00 Edwards Borrow Pit Permit No. 96-30 $79 ,400. 00 Rose Pit Permit No. 96-31. $5 , 700. 00 Buckhorn Pit Permit No. 96-32 $7 , 800 . 00 Hwy. 55- East Pit Permit No. 96-35 $9 , 200 . 00 Buckhorn No. 2 Pit As you can see, the new bonding requirement will not meet or exceed the $500,000 . 00 cap for reclamation bonds. Geological Survey Section Land Quality Section Geodetic Survey Section (919)733-2423 (919)733-4574 (919)733-3836 FAX:(919)733-0900 FAX:733-2876 FAX:733-4407 P.O. Box 27687.Raleigh,North Carolina 27611-7687 Telephone 919-733-3833 FAX 919-733-4407 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper Page Two Mr. Couling Please contact me at (9.19) 733-4574 if you have any further questions concerning this matter. Sincerely, udith A. Wehner Assistant State Mining Specialist JW i Attachments: Bond Calculation Sheets Schedule of Reclamation Costs Bond Forms cc: Mr. Floyd Williams MINE RECLAMATION BOND CALCULATION SHEET (based upon 10-year--mine/affected area plan) Permit No _. Mine .Name. k�,. .: r ... AFFECTED RECFAMATION RFYRAMATION CATEGORY_- ACREAGE Sediment Ponds _^Ac X__$_ Stockpiles -AC. X $ / Ac = $ Wastepiles AC . X $ / Ac . _ $ Processing Area/ . Haul Roads _ Ac. X $/�CX);l)� Ac. - _ $ ' 'd Mine Excavation -{+-� Ac. X $-w'd / Ac. _ $ �,� Other dd Ac. .. X $ / Ac. _ $ - TOTAL ACREAGE: V'� Ac. SUBTOTAL COST: ADDITIONAL RECLAMATION COST FACTORS: . . __ Inflation: O for permit life of Ito 5 years: /JS{7/BTOTAL COST X 0 .10 $ av '..,. / r .. for permit lifeof 6 to _10 years SUBTOTAL COST X 0 , 25 b Mobilizations SUBTOTAL COST 5 X 0. 40 y $ /7b L1r1 "d Administration SUBTOTAL COST.:" X 0 20; . :c a "r'� ,..•, - a�ikmy n� a + b + c SUBTOTAL COST $ YJ F�l•W s ~ � r TOTAL .RECLAMATION BOND COST $ + . �+ r •'- ' (round down to the neakest,$200) i r _Z_ Bond Based Upon: Annual Reclamation Report Form_:Acreage - ,Approved 10-Year Mine/Reclamation Plan . Remarks: , If ::n., Iz ff If ... .. .. IIIIII. �. .. - . Hand Calculated By: - .. (4W I ))yl.4, - Date of Bond Calculation: s - eImT. .. : , h 9 If LL Isnd Quality Swtion MernAk in Date: 10 -7-06 Time: To: l t t From: 't t 'D" S Re: (Ah'ITfF1&4 tA4trAUW WAIY& Ce. �{K- .l�Lr- 6•o?l�a.[K !� v� /J '��O.iy�2 i�kN-��fr a Division of Land Rcsourrres,North Carolina Deportment of Natural Hesourccs and Community Development STATE V 9GG North Carolina Department of Cultural Resources f �E9 James G. Martin, Governor Division of Archives A,History Patric Dorsey, Secretary William S. Price,Jr., Diiector August 16, 1988 MEMORANDUM TO: Thomas E. Carroll Land Quality Section Division of Land Resources, DNRCD FROM: David Brook, Deputy State Historic Preservation Officer SUBJECT: Application for Mining Permit Whitfield Enterprises, Wayne County Whitfield Highway 55 East Mane, ER 88-8311 Ms. Dolores A. Hall of our staff conducted an on-site inspection of the proposed mining permit location on August 11, 1988. No evidence of prehistoric or historic period archaeological sites was noted. It is our opinion that issuance of the permit will have no effect upon significant archaeological resources. Thank you for your cooperation and consideration. If you have questions concerning the above comments, please contact Ms. Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. DB:siw cc: Rex Whitfield Whitfield Enterprises Route 3, Box 24 Dudley, N.C. 28333 109 East Jones Street • Raleigh, North Carolina 27611 (919) 733-7305 d Ta STAIp,y 4 North Carolina Department of Cultural Resources James G. Martin, Governor Division of Archives and History Patric Dorsey, Secretary William S. Price,Jr., Director July 7, 1988 '� MEMORANDUM vU TO: Thomas E. Carroll Land Quality Section ts, Division of Land Resources, DNRCD FCT/041 FROM: David Brook, Deputy State Historic Preservation Officer SUBJECT: Application for Mining Permit Whitfield Enterprises, Inc. , Whitfield Highway 55 East Mine, Wayne County ER 88-8311 We have reviewed our files concerning the proposed mine location and find no recorded archaeological, or historic sites. However, the project area has not been surveyed previously by an archaeologist. Based on the topographical and hydrological location of the project, there is a high probability for archaeological sites in or near the project area. By copy of this memorandum, we are notifying Mr. Rex Whitfield, the permit applicant, that we will perform an on-site inspection for the Land Quality Section in the near future. We will contact Mr. Whitfield to schedule the visit and provide notification to the Land Quality Section in case one of your field representatives would like to be present. Thank you for your cooperation and consideration. If you have questions concerning the above comments, please contact Ms. Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. DB:slw cc: Mr. Rex Whitfield, President Whitfield Enterprises, lnc. Route 3, Box 24 Dudley, N.C. 28333 109 East Jones Street* Raleigh, North Carolina 27611 (919) 733-7305 I 1 State of North Carolina Department of Natural Resources and Community Development Division of Land Resources 512 North Salisbury Street • Raleigh, North Carolina 27611 Jam« G. Martin, Governor Stephen G. Conrad S. Thomas Rhodes, Secretary June 22, 1988 Director Mr. Rex Whitfield Whitfield Enterprises Route 3, Box 24 Dudley, NC 28333 Re: Whitfield Hwy. 55 East Mine Wayne County Dear Mr. Whitfield: Your application for a mining permit for Whitfield Hwy. 55 East Mine in Wayne County has been reviewed. Enclosed is a draft of the nd.ning permit proposed by the Department. The conditions in the draft permit were based primarily upon information supplied in your application with conditions added if necessary to ensure compliance with The Mining Act of 1971. Also enclosed is a form for your use in securing the required $5,000.00 surety bond. For your convenience, I have enclosed a bond form and an assignment of a savings account form. The name on the bond or assignment form must be the same as the name appearing on the application for a mining permit. In addition to one of these alternatives you may, upon request, substitute a cash deposit, mortgage of real property or negotiable securities. Please review the draft permit and contact this office should you have any objection or question concerning the permit conditions. G.S. 74-51 provides the operator 60 days following the mailing of application approval notice in which to file the required surety. The permit will be issued when the required surety 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 supercede local zoning regulations. The responsibility of cat¢2liance with the applicable zoning regulations lies with you. PA Box 276W. Rzlelgh, Nonh Carolina 276117687 Telmhone 919-733-3833 An Egwl Orp runiry Afflmumx Acrion Ennplycr Mr. Rex Whitfield June 22, 1988 Page 2 Furthermore, the issuance of this draft permit does not preclude the assessment of a civil penalty for mining without a permit or for other violations committed prior to the issuance of this mining permit. Please advise at (919) 733-4574 if you should have any questions concerning this matter. Sincerely, Thomas E. Carroll, P.G. Mining Specialist Land Quality Section TEC/se Enclosure cc: lair. Floyd Williams DEPAR1111ENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF LAND RESOURCES LAND QUALITY SECTION V P E R M I T 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 Regulation 15 NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Whitfield Enterprises Whitfield Hwy. 55 East Mine Wayne County - Permit No. for the operation of a Sand Pit which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. Page 2 of 6 In accordance with the application for this mining permit, which is hereby approved by the Department of Natural Resources and Community Development, 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 -�•••• ';-„ ''�tcn t:o mM` d4 f" r=Tr';V ci or Clio vanri fHe m-mi+ r l tC i ntr?nfv to l-4-4 ce of 4 4-S 1114G14 .7 r `-.—,e T"^"`' r"�..'_"; 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 01 19 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: Page 3of6 OPERATING CONDITIONS: 1. Any wastewater processing or mine dewatering shall be in accordance with permit requirements and regulations promulgated by the N.C. Environmental Management Commission. 2. Any mining process producing air contamination emissions shall be subject to the permitting requirements and regulations promulgated by the N.C. Environmental Management Commission. 3. Sufficient buffer shall be maintained between any affected land and any adjoining waterway to prevent sedimentation of that waterway from erosion of the affected land and to preserve the integrity of the natural watercourse. No wetland shall be disturbed. 4. Adequate mechanical barriers including but not limited to diversions, earthen dikes, brush barriers, 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 or natural watercourse in proximity to the affected land. 5. 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 offsite damage because vf "1 �+ ; -,.. cV-1 l �a r,1 ten+or7 Or ^ hen Wyse nrnvti rl with rrrotind cover, t of�.ua�..i.. — �a 11 Lryw.w._,a t.�. �...._..� ]�.,_.� _ devices or structures sufficient to restrain such erosion. 6. 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. 7. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 8. A. Sufficient buffer (a minimum of 40 feet) shall be maintained between any excavation and any adjoining property line or right-of-way to prevent caving of that property and to allow grading of the sideslopes to the required angle. B. A minimum 100 foot unexcavated buffer shall be maintained between the excavation and William's Mill Pond. 9. 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. Page 4 of 6 10. 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. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. 11. The security which was posted pursuant to N.C.G.S. 74-54 in the form of is sufficient to cover the operation as indicated on 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. 12. 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 5 of 6 APPROVED FUMA9ATION 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 mused area that are, likely to became noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recamwnded 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 caapletion or termination of mining on any segment of the permit area and shall be canpleted within two years after corpletion or termination of mining. RECLAMATION CONBITIONS: 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 U.e plmur future use are as follows: A. The lake area shall be excavated to maintain a mininntmi average water depth of four feet. B. The sideslopes to the lake excavation shall be graded to a 3 horizontal to I vertical or flatter above the water level and 1; horizontal to 1 vertical or flatter below the water level. Page 6 of 6 C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be dumped at the mine site. Scrap metal, trash or other such waste shall be removed from the site and properly disposed. 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 outlined in the application by the USDA Soil Conservation Service on June 8, 1988. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as teasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within one year of completion or termination of mining. Permit issued this day of 19 By: Stephen G. Conrad, Director Division of Land Resources By Authority of the Secretary Of the Department of Natural Resources and Community Development DIVISION OF LAND RESOURCES LAND QUALITY SECTION June 20, 1988 MEMORANDUM TO: Tom Carroll State Mining Specialist THROUGH: Floyd Williams 14No�04// Regional Engineer 'Fej�B THROUGH: Pat McClainY Assistant Regional Engineer FROM: Harry Bailey we Engineering Technician Washington Regional Office SUBJECT: Whitfield Enterprises, Inc. Proposed Whitfield Highway 55 East Mine Wayne County The application states that the ground water table is approximately 19' below the surface and that the mine will be reclaimed as a lake with a water depth of 10-19' . The maximum anticipated : mine depth is only to be 19' . The only water in the mine will be stormwater runoff if the water table is at 19' below the surface. Tne mine map shows that a buffer zone of at least 100' is to be maintained between the pit area and Williams' Pond. This should be an adequate buffer zone. A buffer zone of more than 30' may be needed along the adjacent properties if the angle of final slopes is to be 2H: 1V. The site was inspected on June 14, 1988 by Harry Bailey. At the time of inspection, approximately 1 .5 acres of mining activity had taken place at this site. There should not be any problems with the site if adequate buffer zones are maintained. Floyd Williams talked with Rex Whitfield on 6-20-88. Mr. Whitfield stated that they most likely would not mine the area to the depth indicated. He stated that it may be left as a pasture and that he intended to give it to his boy. r.V 54,4?,0- fin+��- HB:mg r 1Vlur✓ .¢� 4w+'4a-�Q� Li.,c.Ietj �� �s "4,*k. vra-'IOM Enclosure d •� o APPLICATION FOR NORTH CAROLINA MINING PERMIT JUN 19 19aa LAND QUALITY SECTION WASHINGTON REGIONAL OFFICE In 1971, the North Carolina General Assembly created the North Carolina Mining act, General Statutes 74-50. After July 1, 1972, no operator shall engage in mining without having first obtained from the Department an operating permit which covers the affected land and which has not been terminated, been revoked, been suspended for the period In question, or otherwise become invalid. State of North Carolina Department of Natural Resources and Community Development Division of Land Resources Land Quality Section P.O. Box 27687 Raleigh, North Carolina 27611 (919) 733-4574 . .l APPLICATION FOR A MINING PERMIT- .'.;; 1. Nameof Mine Whitfield Hwy. 55 East County Wayne 2. Name of company Whitfield Enterprises, Inc. 3 Nome nffice edd•=ss Route 3 , Box 24 Dudley, NC 28333 4. Permanent address for receipt of official mail Route 3. Box 24, Dudley, ND 28333 "Telephone (919)735-8952 . 5. Mine Office Address Samc Telephone Same 6. Mine Manager Rex Whitfield We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand - that any willful misrepresentation of facts will be cause for p it re acat' ? "Signatur� Title Date `The nd Quality Section should be notified of change in permanent address or telephone number. "Signature of company officer required. 2 4 ' APPLICATION FOR A MINING PERMIT A. General Characteristics of Mine. 1. Total acreage at site. Acres owned 11 .22 Acres leased 0 Property owner if leased 2. Name of materials mined: sand - ! 3. Mining method: Hydraulic Dredge X Underground Shovel & Truck Dragline & Truck X Self-loading Scraper Other 4. a. Expected maximum depth of mine 19' b. Expected average depth of•mine 10' 5. Area of previous activity: (Identify these areas on your mine map.) a. Area of previously affected land at present site that is inactive and has not been reclaimed: None (Note: Mine map should clearly indicate any disturbed areas not to be included in this permit application. Explain why these areas should not be included.) b. Acres previously reclaimed at present site None 6. Present (premining) use of the land (estimate acreade for each): woods 1 and Cropland Pasture Forest Fish/Wildlife Recreation Other 11 acres 7. Proposed land use after mining and reclamation has been completed: Cropland Pasture Forest Fish/Wildlife Recreation 8.6 Other _2.4 B. DETERMINATION OF AFFECTED ACREAGE AND BOND 1. Number of years for which permit is requested 10- -(10 years maximum). 2. Total affected acreage to be disturbed during initial year of operation: a. Area used for tailing ponds 0 acres b. Area used for stockpiles 0 acres c. Area used for waste piles 0 acres d. Area used for processing plants and onsite haul roads 0.25 acres e. Area of mine excavation, including areas being prepared for mining, actively mined, and inactive but not reclaimed. 5.30 acres t. TOTAL a-e 5.55 —acres 3. Estimate the maximum amount of land to be disturbed and unreclaimed at any one time during the life of the permit. 1 acres 3 APPLICATION FOR A MINING PERMIT 4. Check acreage to be bonded*: Total affected acreage figure from 132f OR B3 (page 3)whichever is larger, equals acreage to be bonded. (See 15 NCAC 58.0003 for bond amounts.) 0 - 4.99 acres X 5;- 9.99 acres, 4 - .10 24.99 acres. 25+ ^acres 5. Will your company file a blanket bond covering all of its mining operations in North Carolina? Yes X No P o12nTcrT1nAI nC AIATIIRAI RCCnIIRPCC v. . .■v . �v. .v.. v. .�r�. v..n� .■�v■.vw 1. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? _ YP.R No X b. Will the operation involve dewatering the mine or discharging fresh or waste water from the mine or plant? Yes No X c. If you answered yes to either question 1a or 1b, provide evidence that you have applied for or have obtained a water quality permit from the Division of En- vironmental Management 2. a. Will the operation involve crushing or any other air contaminant emission? Yes No X If yes, indicate evidence that you have applied for or have obtained an air quality permit issued by the Division of Environmental Management, Department of Natural Resources and Community Development. b. How will fugitive dust from stockpiles, haul roads, etc. be controlled? Haul road will be watered to contain fugitive dust. 0 *in lieu of the surety bond required by this section, the operator may file with the Department a cash deposit, negotiable securities, a mortgage of real property accep- table to the Department, or an assignment of a savings account in a North Carolina bank on an assignment form prescribed by the Department. The amount of land disturb- ed and unreclaimed at any one time must not exceed the bonded amount. The mining permit is issued only for that area covered by the bond. 4 I _• r APPLICATION FOR A MINING PERMIT 3. Generally describe the sequence of land disturbing activities and reference the se- quence to the mine map(s). The only land disturbing activity will be the mining of the pit itself. There will be no additional activities such as tailing ponds, waste piles or processing plants except for the haul road. a 5 APPLICATION FOR A MINING PERMIT 4. a. How wide a buffer will be maintained between any mining process and any ad- joining property or highway right-of-way? 301 buffer will be maintained. jr b. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or in- dustrial building from any mine excavation. Locate all such structures on the. mine map if they are within 300 feet of the excavation. A 30' border or setback distance will be maintained from the adjacent property lines, and underwater slopes will be cut on a maximum 2: 1 slope to the bottom of the excavation to prevent Bluffing. c. Describe what kind of barricade will be used to prevent inadvertent public entry along any high wall area. Pit area is fenced in with a locked gate. 6 APPLICATION FOR A MINING PERMIT 5. Describe erosion and sediment control measures to be taken before and during mining to prevent offsite'sedi'rnentation'(include specific plans for erosion control for mine excavation, waste piles, and process areas), and give a sequence of in- stallation. Location(s) of erosion and sediment control measures must also be in- dicated on mine map. Engineering designs and calculation's'shWa be required when needed to justify the adequacy of proposed measures. A grassed buffer zone will surround the pit 30' from adjacent property lines. A silt fence will be installed between the mining pit and William's Mill pond, along with a grassed berm area between the pit and the mill pond. The pit is self-contained and no stock or waste piles are to be placed around site. ' I I _6. Describe,, methods to prevent landslide^or-slope instability, adjacent to adjoining _properties during mining.' _ The proposed operation will be completely self-contained on this property, and consists of hydraulic dredging.,of.sand deposits. There will be no sediments or erosion of adjacent properties. 7. Are acid producing minerals or soils present? If so, describe how acid water pollu- tion will be prevented. No 7 APPLICATION FOR A MINING PERMIT 8. Describe plans for screening operations from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. The location of visual screening should be shown on the mine map. Screening is not planned; buffer zone will be planted to grass and maintained. 9. If explosives will be used, describe what precaution will be used to prevent physical hazard to persons or neighboring property by flying rocks or excessive air blasts or ground vibrations. Locate the nearest offsite structures on the mine map. Not applicable.- 8 APPLICATION FOR A MINING PERMIT 10. What is the depth to the ground water table? If the mine excavation extends below the water table, how will mine dewatering impact neighboring wells? Locate any wAIIC nn the minx mnn thot nviot %A,e* „n cnn fnn4 -i ii.^, _:a :1 &a,- -•�•• •••. ,• •• + .••..N u�ua �.nisa rrIun41 Vvv IGGc V1 LIIG pe111111 ales 11 111C 11;111e VA- cavation will extend below the ground water table. s - - ; - _ 8�Cps Pam-• �`3 Wt COW�wyb�fEo"�W- The ground water table is approximately Y1 below the surface. Since the mining pit is not to be dewatered, the water table will 011fplo"o not be disturbed. 0i) f '7`° 11, What precautions will be taken during mining operations to prevent significant adverse effects on wildlife, or freshwater, estuarine or marine fisheries? A silt fence is to be installed between the pit and William's Mill Pond in order to prevent siltation of adjacent waters. In addition, a grassed berm is to be installed between the mining operation and the pond itself. The depth of the proposed lake will support fish life and provide water for wild animals. 9 L l I APPLICATION FOR A MINING PERMIT RECLAMATION PLAN 1. a. Describe your intended plan for the reclamation and subsequent use of all affected lands and indicate the general methods to be used in reclaiming this land: Reclamation of ground to existing surface is not anticipated. A lake wiii result froiii these operations with sufflicienL depth to prevent stagnation and to support fish habitat. b. If an excavated or impounded body of water is to be left as a part of the reclama- tion, estimate the average depth of water. Will the water body be stocked with fish? If so, specify species. The mined area will be left as a lake with a maximum depth ranging from 10'/to.,1,9'.. Future stocking of fish -is possible with the species being largemouth bass and .bluegill . . 10 APPLICATION FOR A MINING PERMIT RECLAMATION PLAN 2. In excavation of unconsolidated (non-rock) materials, indicate the angle of final slopes. A 2:1 slope will be maintained. 3. Describe provisions for safety to persons and to adjoining property in all completed ex- cavations in rock including what kind of permanent barricade will be left. No rock excavation is anticipated. 4. Indicate method of reclamation of overburden, refuse, spoil banks or other such mine waste areas, including specifications for benching and sloping. None anticipated. 5. State what precautions will be taken in reclamation to insure that the reclaimed site is not detrimental to animal or fish life. The sife is to 'b'e left--as a •small lake. . 7lZere.will be 'a sufficient depth of water to insure turnover and prevent stagnation. ^ 11 APPLICATION FOR A MINING PERMIT RECLAMATION PLAN 6. Describe reclamation of processing facilities, stockpile areas, and onsite roadways. Onsite roadways will be graded and maintained with a grassed border between the road and adjacent property line. M• 7. State the method of reclamation of settling ponds and/or sediment control basins. Not applicable. 8. State the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definifion of refuse in The Mining Act of 1971) None anticipated. 12 y APPLICATION FOR A MINING PERMIT RECLAMATION PLAN 9. Indicate the method of restoration or establishment of any drainage channels to a con- dition_minimizing. erosion, siltation and other pollution. Give design details of any per- manent channels to be constructed None required. 10. Describe provisions for prevention of noxious, odious or foul water collecting or remain- ing in mined areas. Water depth will be great enough 'to cause turnover to prevent stagnation. 13 APPLICATION FOR A MINING PERMIT RECLAMATION PLAN 1 ! DL-'cr,rr• !an for rrrvegetation or other surtace treatment of the affected a. __ . Trds p-an must~in;.lude recommendations for time of seeding and the amount and type c`seei;, lerolizer, lime and mulch per acre and general seeding instructions for perms. non; revegalation and temporary revegetation if necessary, Revegetation utilizing pine seedlings only is not acceptable. NOTE: Revegetation Plan must be approved and slam ed by one of the following: taf Authorized representatives of the local Soil and Water Conservation District having jurisdiction over lands in question; (b) Authorized representatives of the Division of Forest Resources, Department of Natural Resources and Community Development; (c; ,County Agricultural Extension chairmen or Research and Extension personnel head- - quartered at North Carolina State University in the School of Agriculture and Life Sciences, (d) North Carolina licensed landscape architects; (e) Private consulting foresters referred by the Division of Forest Resources, Depart- ment of Natural Resources and Community Development; (f) Others as may be approved by the Department. LIME - RATE OF APPLICATION: Z cons per acre FERTILIZER TYPE AND RATE OF APPLICATION: 5L^ p unds per acre of 5/ 10/ 10 SEED - TYPES(S) AND RATE OF APPLICATION: SEEDING SCHEDULE: Seeded before June - Lovegrass - 3 pounds per acre Sericea Lespedeza ( scarified ) - 50 pounds per acre Seeded after June : July and August - Temporary Cover - 35 pounds sorgham-sudan - Se )tcmber - 50 pounds - lespedeza( unscarified ) /ac . MULCH - TYPE AND RATE OF APPLICATION: I bushel /rye /acre . z cans per acre 30 pounds tall fescue/ac . OTHER VEGETATIVE COVERS: None Revegetation andlor reforestation plan approved by: Signature Ps-. _ L Title Agency 14 Date /R� APPLICATION FOR A MINING PERMIT RECLAMATION PLAN 12. Prflviflp a CrhPriiilA nd rnrlomoli.,.� Ih'.i i...1:Caf.... ... .. v - u �<<U t1i i bill C11C7 Me of reclamation and ap proximate time frame. These should be labeled on the mine map. (Add sheets it necessary) See Page 14. A permanent buffer and slope protection will be provided within one year of completion of excavation adjacent to property lines. 13. NOTIFICATION OF ADJOINING LANDOWNERS The "NOTICE" form or a facsimile thereof attached to this application should be sent certified or registered mail to the adjoining landowners indicated on the mine map unless another means of notice is approved in advance. The completed "Affidavit of Notification" attached to this application must be submit- ted before the application is considered complete. ?5 APPLICATION FOR A MINING PERMIT Mr. Clyde Williams 304 East James Street Mount Olive, NC 28365 NOTICE Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, notice is hereby given that R Whitr� r! eroris.,. ioc. has applied (Company Name) on 3 June 1988 to the Land Quality Section, Division of Land Resources, North, (Date) Carolina Department of Natural Resources and Community Development, P.O. Box 27637, Raleigh, North Carolina 27611 for a surface mining permit to commence mining of sand on 11 acres located 1 E�s-t_ w of Wi 1 11 ams I,Ulnorat, Oral (Number) (Milos) (Direction) (Nearest Town) near road N. C. Hwy. in Wayne (Road) (Name of County) In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all owners of record of land adjoining the proposed site,and to notify the chief administrative officer of the county or municipality in which the site is located. The property owner may file written comment(s) within ten (10) days following receipt of this notice to the Department at the above address. Should the Department determine that a significant public interest exists, a public hearing will be held in accordance with the Department of Natural Resources and Community Development, Mining, Mineral Resources Regulation Subchapter 58, .0011. 10 June 1988 (Date Mailed to Addressee) Route � . Box 24 (Address of Applicant) Dudley,-NC- 28333 16 APPLICATION FOR A MINING PERMIT Ms . Thelma Williams 406 West College Street Mount Olive, NC 28365 NOTICE Pursuant to provisions G.S. 74.50 of The Mining Act of 1971, notice is hereby given that Whitfield ,Enterprises- Inc. - _ has applied (Company Name) on 9 June 1 88 to the band Quality Section, Division of Land Resources, North, (Date) Carolina Department of Natural Resources and Community Development, P.O. Box 27687, Raleigh, North Carolina 27611 for a surface mining permit to commence mining of send on 11 acres located 1 East of Wi11ians ru......:,i f1rn1 ........ (Wirnhar) (Miles) (Direction) (Nearest Town) � , r near road N. C. Hwy. 55 in _ Wayne (Road) (Name of County) In accordance with G:S. 74-50, the mine operator is required to make a reasonable effort to notify all owners of record of land adjoining the proposed site, and to notify the chief administrative officer of the county or municipality in which the site is located. The property owner may file wri`ten comment(s) within ten (10) days following receipt of this notice to the Department at the above address. Should the Department determine that a significant public interest exists, a.public hearing will be held in accordance with the Department of Natural Resources and Community Development, Mining, Mineral Resources Regulation Subchapter 5B, .0011. 10 .tune 1988 (Date Mailed to Addressee) Route �, Box 24 (Address of Applicant) Dudley, NC 28333 16 APPLICATION FOR A MINING PERMIT Mr. Henry Worrell P. 0. Box 29 Mount Olive, NC 28365 NOTICE Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, notice is hereby given that Whitfield _Enterprises, lac'_ , has applied (Company Name) one June 1988 to the Land Quality Section, Division of Land Resources, North, (Date) Carolina Department of Natural Resources and Community Development, P.O. Box 27687, Raleigh, North Carolina 27611 for a surface mining permit to commence mining of sand on 11 acres located 1 East of Williams (Mineral, Ore) (Number) • (Miles) (Direction) (Nearest Town) near road N. C. Hwy. 55 in Wayne (Road) (Name of County) In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all owners of record of land adjoining the proposed site, and to notify the chief administrative officer of the county or municipality in which the site is located. The property owner may file written comment(s) within ten (10) days following receipt of this notice to the Department at the above address. Should the Department determine that a significant public interest exists, a public hearing will be held in accordance with the Department of Natural Resources and Community Development, Mining, Mineral Resources Regulation Subchapter 5B, .0011. 10 June 1988.__ (Date Mailed to Addressee) Route 3, Box 24 (Address of Applicant) Dudley, NC 28333 16 APPLICATION FOR A MINING PERMIT M r Wyria n Ye 1 Can County Manager P. 0. Box 227 Goldsboro, NC 27533 NOTICE Pursuant to provisions G.S. 74.50 of The Mining Act of 1971, notice is hereby given that W�ifield _Enter r1sQ�, Inc. ,_ has applied (Company Name) on 4 June 1 g88 to the Land Quality Section, Division of Land Resources, North, (Date) Carolina Department of Natural Resources and Community Development; P.O. Box 27687, Raleigh, North Carolina 27611 for a surface mining permit to commence mining of sand on 11 acres located 1 of _Wi I.1 i.ams_ "mineral oiely (Number) (BAlles) (Diractlon) (Nearest Town) near road N. C. Hwy. 55 - in Wayne (Road) (Name of County) In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all owners of record of land adjoining the proposed site, and to notify the chief administrative officer of the county or municipality in which the site is located. The property owner may file written comment(s) within ten (10)days following receipt of this notice to the Department at the above address. Should the Department determine that a significant public interest exists, a public hearing will be held in accordance with the Department of Natural Resources and Community Development, Mining, Mineral Resources Regulation Subchapter 5B, .0011. 10 June 1988 (Date Flailed to Addressee) Route 3, Box_24 (Address of Applicant) Dudley, NC 28333 16 / PFPIICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, Rex Whitfield , an applicant, or an agent, or employee of an applicant, for a Mining Permit from the N.C. Department of Natural Resources and Com- munity Development, being first duly sworn, do hereby attest that the following are known owners, both private and public, of the land adjoining the proposed mining site and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said owners at their address shown below, such notice being given on a form provided by the Department: (Name) (Address) Clyde Williams 304E James St. Mount 01 -ve NC 28365 Thelma Williams 406 W. College St. , Mount Olive. NC 28365 Henry Worrell P. 0. Box 29, Mount Olive, NC 28365 (Attach additional list if necessary) I do also attest that the following is the chief administrative officerof the county or municipali- ty in which the proposed mining site is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said office at the following address: (Name) (Address) Wyman Yelton, County Manager P. 0. Box 227, Goldsboro, NC 27533 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 the owners of record of the adjoin- ing land and the chief administrative officer of the county or municipality in compliance with N.C.G.S. 74-50 and 15 N.C.A.C. 513 .0004(d). I understand that it is the responsibility of the appli- cant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon reques 9 June 1988 Dete Sig ture If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) ;title of person executing Affidavit) I, e.aET c a,..-Fo a Notary Public of the County of wp v,kla , State of North Carolina, do hereby certify that er=Y s �141T1= 1�1�n personally appeared before me this day and under oath acknowledged that the above Affidavit was made by him. •,`QN�T G! p0�,, Witness my hand and notarial seal, this 'I o of 1 .,a 19 FF Notary y My Commission expires: 11 lo ICY, l ''•�U I 17 � Y APPLICATION FOR A MINING PERMIT 14. MAPS 1. Two copies of the county highway maps and two copies of mine maps should be submitted with each permit application. County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 Mark clearly the location of your mining operation on the county highway maps. 2. Mine maps should be accurate drawings, aerial photographs or enlarged topographic maps of the mine area and of a scale sufficient to clearly show the following: a. Property lines or affected area of mining b. Outline of pits c. Outline of stockpile areas d. Outline of overburden disposal areas n Location of procossinn plants (pro l t 4_ described __ .,�.���� �� �.��..�,,,���y Niur��s �Nl.,ce�si�lg plans Flay �e uescnoea a5 to location and distance from mine if sufficiently far removed) f. Location and name of streams and lakes g. Outline of settling ponds h. Location of access roads i. Map legend: I. Name of Company 2. Name of Mine 3. North arrow 4. County 5. Scale 6. Date prepared 7. Name and title of person preparing map j. Names of owners of record, both public and private, of all adjoining land THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ITEMS 2 a•j BEING ADEQUATELY ADDRESSED. The mine maps should be correlated with the reclamation plan. The approximate areas to be mined during the life of the permit should be clearly marked. if reclamation is to be accomplished concurrently with mining, then show segments that are to be mined and reclaimed during each year of the permit. Add drawings showing typical sections or cross sections and layout of proposed reclamation where such drawings will assist in describing your reclamation. 18 APPLICATION FOR A MINING PERMIT 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 administra- tion of this Act, so long as the Department or Its appointed representatives are accompanied by an agent or representative of our Company. 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 Section 14. 'Sign;the Title i Mine Com 'Signature should be the same as the officer who signed app cation for a permit. Return two copies of the completed application and all maps to the appropriate Land Quality Section Regional Office serving your area (see attached list of Regional Offices.) 19 ASdEVllLE gFGIWAL OFFTTI? lE FtElQ19L MI E NMaTQFSkllm RFGfO6V.OFFICE BALElyd1 . Richard Failldys, P.E. Je[ty Cods Dag l9lllar, P.E. .Rion Hmuey, P.E. IntercW4® Bldg. 919 North Fofn St. BUZ Notth Btbr Blvd. = Bmtatt Drive L59 W in St. rl.w..e..lhh^. NC M13 suite I00 P. 0. Box 27687 P. 0. Box 370 RC 6304 Courier 521 EC 27106 Raleigh. BE 27611 ROC 63J5 Ca¢ler 681-B (7D4) 663_1699 ROC 6306 Caaler =7 FCC 6301. (7d,) 253-3311 (919) 761-2351 (919) 73Y2314 (Nary Cron ALa®der IrNell Almance `OCMTOW Chatham Nash Buncrimbe l6limn Burke I.itmly Allepfary Randolph Anima NatThaRton Cherokee McDowell Crbroras MaklmBrg Asle St Pdgeonobe Orange cam Wtdhell Caldwell Pout Cay. Barry Franklin Person Cleveland Polk Catawba Btmly [Ovldsoh Wtlkes Gran l Vance Graham Rutherford Gaston Orlon Davie Y 9dr- Halifx Nelme Haywood Swain Fotryth Johnston '4mtei Psderamn Transylvada Guilford lee Wilson Jr-Ymt Watagp ymQY + hard Hwre, Canis derby 4LLke Poplin, Brown Allred *David ward. wilh r christm s •fim mia d, V7yatt Brown +,ion Anderson, Can tbhtbasoks +5F® WObb, try Omrge li dy tevhrod, abler Braddy Carry %ataera, Tony Smgle rise shepherd, Brim Moth Pm Vivian FAtiFTfLW.tE PE3RW. OFFICE NRHQLE%9 AFLIORL Ch'FIfE 4419@iG1Oi REGIONAL OFFICE E Cd BgA0QmrBBs OFFICE Joe Glens Daniel sane. P.E. Floyd 4E11Ia s Charles Groaner, Ode[ ., gam. Bdre 716 799o _ _ _ 1424 CatolLv fire. 512 N. Salisbury St. Fayetteville. M 2B301 Fhflnd ,NC rgtonh� 03 P O Box IM2 P O Box 276B7 RC 6302 Cadet I06 RC 6303 Courier 416 kbahlnBt®. M 27B89 Raleigh. M 27611 (919) 4WIM1 (919) 25"161 RC 6307 Cornier 174 RC 6300 (919) 956E401 (919) 73' 574 Morn Mare Brunswick NOW Hmmmer &Ahfort Jess Helm Britt. thief Engineer Bladah me mmd Carteret Oslov Berrie leroir Taylor O¢rhh, sadlmr Specialist Omberlmd Ilabeeon Colmbhm Ponder Candeh Martin Craig Deal, Asst. se&fmar Spec. Barnett smp„rh Duplin mwm Pm Too Carroll. Mthg Pining Spec. Poke Scotland Craven PaSTu Jim sines, Dm Safety Frginret long Ortithrk Pevgrd®rs Carol Boatwright, Secretary Dare Pitt Globs Fronds. Secretary Gates Tyrell Carolyn Jan®h, Secretary Gteme Washington mmBwa Bony. CeraW la CeraLl grsYmk Hertford Wayne Steve Cook Hyde eRdy Sadth+irk. Larry l „ems • dames assist t Regional Pagirser Pat H[CLin 4 •,�. 300E GD L! „ Iin tiro \ j �►� � Bell' a sa - se- ' -� 7j I I _l+1VayC.Iq}tt • rJ.I ."` I / 7f I I!r�` o -525 1 r I �Ij am em Vi l l� /'0. �'. _•I �' Chapel cress475 - � ���—_••�� r7'E b ; ti \ _��� Y' \\ - 1, ,Iti�—•fin— �. `� 35.0 1 1745 too Williams Stables +il � \ / --•T]L}P IN �,-J ..� �'4'�,":-�1 I i�em W � '° r \� 1-�;� .�� r '�� \ �� i�/,. •it , )tl f� ,j� 30 Cems1 11 f I a a 7 i -_\ ..I 4'�[ n ,.• y ,'s.ctt! ik •1f1 a�G l a 15 / / z I ,� •_/ate�.,. - 1 1 s t'Rr`/ r� fyi,�e���i�� �• 'r F i �.JJJ r ea r ft, t �,. y W �i.a �ry` ii.-:,�-yr aa/ � w•Y��' 1 �E' '�'3 �s�� r y,�4�, i��'''` � ��' }� /// ,�+,+' - � � ' egr4_ "nya,,,y•$ "�" r Sl 1 w-� t:f ;y '4 Jr 'S , I���t�` A��'As l wlL' fs �x+rf. F•ia ,L r ��i t.�3.! {. �hM1 y ae96 �w �f�, ♦ `{r j�,�.a�- y i � ��,,,�i��i`J r �j.n P� �,1'CE�7y .,�� � ��/�_�x �r S✓�+' +t' ti'��n�a�y.y, 111�'� 41"`y.rn,:f,.: �' t ,r;;' r.:,r -S.,i err,w 5;,•n-iVu � t},t'kh r <. t CRr` " V A� w�� *� Y3 r d�., f �; • ���'.fF.ry,T:#,' �+. i 4f•�S�k�i.(�r � ?1 �Y,SS'� � '�, l��o S r °� i�q;', S �'•�.t � � T 1��,,_ 1 ''I z ,r,�, , li ; . . . . � � _ .j , _ t` WAYNE COO DIVISION OF LAND RESOURCES LAND QUALITY SECTION June 13, 1988 MEMORANDUM TO: Tom Carroll State Mining Specialist FROM: Floyd R. Williams 02 Regional Engineer Land Quality Section Washington Regional 0 f ce SUBJECT: Application for Mining Permits Whitfield Enterprises, Inc. ( 1 ) Whitfield Highway 55 East Pit (2) Whitfield Buckhorn Pit Enclosed are the original applications for the above subject proposed mining operations. We have copies of these. Harry will inspect these sites tomorrow (6-14-88) and we will submit comments in the near future. If you have any questions, give us a call . Enclosures CO INTRACTORS & ENGINEERS. i SERVICES, INC. LIE"MEQ &F iriumn011"TRL 1304 North William Street P.O. Box 762 GOLDSBORO, NORTH CAROLINA 27533' IIATE JOB HD (919) 735-7355 ATF....Io. REf TO Mr, Floyd R. Williams, Regional Engineer Mining Permit A lications Division of LandResources N. C. Dept. of Natural Resources & - Community Development - C. P. 0- Box 1507 o G Washington, NC 27889-1507 f rYt � i � WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via n thenllow'inng items! 0 ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples Z ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION iye t {{ kS`, yy S�tl LAND QUALITY SECTION THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted 0 Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Returncorrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Enclosed are two copies each of Application for North Carolina Mining Permit for Whitfield Enterprises, Inc. , as follows : _ 1 . Whitfield Highway 55 East 2 Whitfield Burkhnrn Pit Ali r IOPY TO SIGNED: (J � .mxuwl ®is,row...mnl. Denclosure. ... .m ., noted. kindly notify �: oe o.u. Peter D. McDonnell , Sr. , P. E. _ 1 • •'••.•STIVE. V •4 State of North Carolina Department of Natural Resources and Community Development Division of Land Resources 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor Stephen G. Conrad S. Thomas Rhodes, Secretary June 17, 1988 Director Ms. Thelma J. Williams 406 W. College Street Mt. Olive, North Carolina 28365 RV: TA,4+-�ieel"1 V-4-om icoc Tnr, VJ I.11L l..L.L .J.0 Proposed Whitfield Highway 55 East Pit Wayne County Dear Ms. Williams: Thank you for your letter of June 14, 1988 concerning the proposed sand operation approximately 1 mile west of Williams near N.C. Highway 55 in Wayne County. The concerns expressed in your letter certainly deserve evaluation. Before a decision to grant or deny the permit is made, these concerns as well as any other concerns within the jurisdiction of G.S. 74--51 of The Mining Act of 1971 (copy enclosed) will be carefully considered. During the application review, site inspections will be made and continents from other agencies concerning potential impact to wildlife, water and air quality will be sought. It should be noted that if a permit is issued for this site, it is the Department's standard policy to require sufficient buffer zones, erosion/ sediment control measures, revegetation of disturbed areas, reclamation plans, etc. as conditions of the mining permit. A reclamation bond is posted by the applicant which is held by the Department. The operator must comply with his mining permit operating and reclamation conditions or he will be subject to possible civil penalties, injunctive relief, or bond forfeiture actions. Again thank you for your interest in this matter. I assure you that a careful review will be made before granting or denying this application. Very truly yours, r� Tra E. Davis, E.T.T. Assistant Mining Specialist Land Quality Section TED/se Enclosure cc: Mr. Floyd Williams P.G. P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-3833 An Equal Opportuniry Affirmative Action Employer June 14, 198B hC Land Quality Section Division of Land Resources J' North Carolina Department of Natural Resources and Community D�d.,.� P. o. Box 27687 oy Raleigh, North Carolina 27611 Dear Sir: As an owner of property adjoining Whitfield Enterprises, Inc. , located 114 mile west of Williams near road N. C. Highway 55 in Wayne County, I have a concern about errosion into our pond. If proper steps and repairs are not taken, we could have an errosion problem from this property. I would like to be assured that whatever steps necessary are taken by Whitfield Enterprises, Inc. to prevent such a pro?nlem occurring. This is in response to the Application for a Mining permit. Sificerel.V, Thelma J. Williams TJW/lrw v Enclosure ,. ,• , . ., � . 1 APPLICATION FOR A MINING PERMIT f Ms. Thelma Williams 406 West College Street Mount Olive,'•NC 283b5 NOTICE Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, notice is hereby given that _Whit "eld Fnterprise-g. inc — _ has applied (Company [Name) on J June 1988 to the Land Quality Section, Division of Land Resources, North, (Date) Carolina Department of Natural Resources and Community Development, P.O. Box 27687, Raleigh, North Carolina 27611. for a surface mining permit to commence mining of sand on 11 acres located 1 East of _Wi I I isms (kilneral, Ore) (Number) (Miles) (Direction) (Nearest Town) near road _ N. U. Hwy. 55 in._ Wayne (Road) (Name of County) In accordance with G:S.'74.50, the mine operator is required to make a reasonable effort to notify all owners of record of land adjoining the proposed site, and to notify the chief administrative officer of the county or municipality in which the site is located. The property owner may file written comment(s) within ten (10) days following receipt of this notice to the Department at the move address. Should the Department determine that a significant public interest exists, a public f.f,tiri.,.. tui11 ha hnIA in accortiwnna with the nPn--trfn Pnt of Klatuml Resnllrc AS and Community iVal ifI IN III L!\Y IIVI�a ... P Development, !Mining, Mineral Resources Regulation Subchapter 5B, .0011. 10 June 1988 (Date Mailed to Addressee) Route 3 Box 24 (Address of Applicant) Dudley, NC 28333 16 m , . ' "; `�% � � `_ti — mmaaonaoEnanEa�tw�ce.inc. State of North Carolina ,*sTa Department of Environment 1-o •'-' and Natural Resources Washington Regional Office - c James B. Hunt, Jr., Governor Wayne McDevitt, Secretary QUAM ' 4 DIVISION OF LAND RESOURCES LAND QUALITY SECTION Argil 7 loon "Vi n 1 , CERTIFIED MAIL RETURN RECEIPT REQUESTED Z 457 418 249 Mr. Barry N. Couling Whitfield Enterprises, Inc. P.O. Box 127 Dudley, NC 28333 RE: Whitfield Highway 55 East Mine Permit No. 96-32 Wayne County Dear Mr- Coulina- Under the provisions of NCGS 74-56 of the Mining Act of 1971, an inspection of your/your firm's referenced mine site was recently performed. A copy of my report is attached. Carefully review the report and note any cited problems or deficiencies. Your cooperation in taking the specific corrective actions and/or recommendations is appreciated. (Note: It is your responsibility to understand and comply with the terms and conditions of your mining permit and the Act.) Please do not hesitate to contact this office if you have any questions concerning the report. Sincere , Ha Bailey Engineering Technician HB:ka Enclosure: Mine Inspection Report Annual Reclamation Report Forms (#2) cc: Tracy Davis, State Mining Specialist 943 Washington Square Mall,Washington. North Carolina 27889 Telephone 919-945-W! FAX 919-975-3716 ,:::�.b::.�,v w• w., ,� �_.+law°'c;.^M:..%ed+v�..rvRa+-�iJ^"' .fa'"'^r°"-rs.."`.^^'ir:.:xw...ex::t�.:t:: ,... .. North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) I MTNP NAME 1, 1L it,11 /L„_ 55 F c/rrt.e 2. MINING PERMIT # 96. 3a 3. OPERATOR tArs, //:'. L/ , trs 4. COUNTY tAti S. ADDRESS c,r ts7 .vc s "1 6. PERMIT EXPIRATION DATE / 7. RIVER BASIN ryeu50 8. Person(s) contacted at site ^4 ,,,,a of 44o v./t 9. Was mine operating at time of inspection? ❑ Yes ;R No 10, Pictures'? ❑ Yes >'No 11. Date last inspected: ! / 12, Any mining since last inspection? Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes �No If no, explain: CJ�, J ��T /.e a /. /L-./ ..l„!! i4A Aty 14. Is the mine in compliance with the Reclamation Conditions of the Permit? (S7rYes ❑ No If no, explain: /` 15. Did any of the above deficiencies result in offsite damage? ❑ Yes �{( No If yes, describe the tvne.. and severity of the d//amaeet O_J.;�:_ / e� �_ .0 a,.�,/.n/-.�,/ g•, see„ ,,.�, ./,• e c..uc .ri cI /I Lu N:..�9 rfl.%/ AnL IS ,n c/rc. .,.cv.. ' J.e 44^ I SV . t 0 " 16. Corrective measures needed aiutbataken- t. P ,. / Z 17. Other recommendations and comments: ` A �/ t(- 6 / // .✓ /n se tt.,: qJ. i' a /n Sze . A . ✓ : ri_a t..f - - ••rc,. ,.- � °< ,Lam,/ IS. Is the Annual Reclamation Report +/-map accurate? ; Yes No (Explain) ❑ Not Reviewed Y ,g/,f / a e /. e n� v/> A� / _ .1 / r//... o < /A,. aree'nec c�.l:,. .L y _ s�.,e O r' 19. Follow-up inspection needed? Yes ❑ No Proposed dale / / 20. No. of additional pages of Inspection Report . 21. Copy of Report sent to operator YI > /9Fr (date) INSPECTED BY: DATE V ! 6 /9fs Telephone No! ( 4s ) 99dr doer ./�Zp While copy to file Yellow cote ro operator Pink cope ro Mining Specialist 10197 North Carolina Department of Environment, Health, and Natural roes, DMsion of Land Resources, Lard Ciw:ily Section MAR 13 1995 MINE INSPECTION REPORT (PFAMfTTED MINE) By 1. MINE NAME F 2. MINING PERMIT# 96-32 3. OPERATOR)?jA.,l ces Vie. - 4. '000NTY (uo 5. ADDRESS GrX,4se r» /1, n. N. . 26333 6. PERMIT EXPIRATION DATE ; /^ v 7. Person(s) conlacted at site o4 a. e a f s6e 5,Yfe 8. Was mine operating at time of inspection? ❑ Yes [KNo 9. Pictures? ❑Yes N�`No 10. Date last inspected: ?/>fi/ 99 11. Any mining since last inspection? ids Yes No 12. Is the mine in compliance with the Operating Conditions of the Permit? icy Yes ❑No If no, explain: 13. Is the mine in compliance with the Reclamation Conditions of the Permit? Vas ❑No If no, explain: i 14. Did any of the above deficiencies result in offsite damage? [I Yes No If yes, describe th. e type and seventy of the damage: 15. Corrective measures needed and/or taken: 16. Other recommendations and comments: 17. Is the Annual Reclamation Report +/- map accurate? Yp Ves ❑No (Explain) ❑Not Reviewed 18. Follow-up inspection needed? ❑Ves E(No /� Proposed date_/_1 19. No. of additional pages of nspection_Repo AL. 20. Copy of Report sent to operator 3 /(date) 19S //�.... �j/t/,�/ (date) INSPECTED BY: i DATE 3 / 9 / 9S Phone No: ( 9r9 ) 9v6 d 4'V8/ White copy to file Yellow copy to operator Pink copy to Mining Specialist W9t s . I. 4 JJJ• V Y �.L. North Carolina Department of Environment, Health, and Natural Resources,-- Division of Land Resources, Land Quality Section N� MINE INSPECTION REPORT fro 4 1993 (PERMITTED MINE) WND QUALITY SECT! I 1. MINE NAME f,.,J,. Lj Nam.. /Y! 2, MINING PERMIT# 9rS- 3.2 3. OPERATOR 4. COUNTY Lc-ayn� 5. ADDRESS P.O. ,,:. 1.27 �4— NC z tr-33 7S --- 6. Person (s) contacted at site A"a o.,c d�( 1.4e 5%V, 7. Was mine operating at time of inspection ? ❑Yes Q" No 8. Pictures ? , ❑Yes No 9. Date last inspected: 6/ 9 / 92 10. Any mining since last inspection ? Q Yes ❑'No 11. Is the mine in compliance with the Operating Conditions of the Permit ? ❑Yes ❑ No If no, explain: 12. is the mine in compliance with the Reclamation Conditions of the Permit ? ❑ Yes ❑ No If no, explain: 13. Did any of the above deficiencies result in offsite damage ? ❑Yes ❑ No If yes,describe the type and severity of the damage: 14. Corrective measures needed and/or taken: 15. Other recommendations and comments: _L_ 16. Is the Annual Reclamation Report +/ - map accurate ? Yes ❑ No (Explain) ❑ Not Reviewed 17. Follow-up inspection needed ? ❑ Yes © No Proposed date 1 I r � 18. No. of additional pages of Inspection Report, 19. Copy of Report sent to operator Z/ 3 / 93 . (date) INSPECTED BY: ..., �._l✓_ DATE: -2 / _ 1 q..3 Phone No:(T/9) White copy to file Yellow copy to operator Pink copy to Mining Specialist 8l89 North Carolina Department of Environment, Health, and Natural Resourc . Division of Land Resources, Land Quality Section MINE INSPECTION REPORT i.6l!17fq (PERMITTED MINE) LAND QUAtI 1. MINENAME �.rA.IG.L� FJ.... 5.5 Fa54Al'., 2. MINING PERMIT# 96- 3❑ nS 3. OPERATOR �i ,jL J.(� /J e f 4r.f+r.'SP T 4. COUNTY wo . 5. ADDRESS Gn Rry 127 r/li_ .v. C. 283 y-a r 6. Person (s) contacted at site No me J s.24 7.Was mine operating at time of inspection ? ❑Ves ® No S. Pictures ? ❑Yes No 9. Date last inspected:l6_/ B' f 4/ 10. Any mining since last inspection ? Ayes ❑No 11. Is the mine in Compliance with the Operating Conditions of the Permit ? ,�( Yes ❑ No If no, explain: 12. Is the mine in compliance with the Reclamation Conditions of the Permit ? Yes No If no, explain: / \ 13. Did any of the above deficiencies result in offsita damage ? ❑Yes m No If yes, describe the type and severity of the damage: / 14. Corrective measures needed and I or taken: /%n, f. 15. Other recommendations and comments: 16. Is the Annual Reclamation Report +/ - map accurate ? ICI'Yes No (Explain) Not Reviewed i 17. Follow-up inspection needed ? ❑ Ye6 DQ No Proposed date 1 B. No. of additional pages ofInspection.Report� 19. Copy of Report sent to operator/ /.�12J . INSPECTED BY: /{Ycrn.,�„ /Jo. Y� (date) DATE:_�/ 9 / 9 x Phone No: (gig) 9vT efY t?/ / While ropy b NO Yellow copy to operator Pink ropy to Mining Speeisfist aw 13 � I I' b 007 I State of North Carolina . J�c11101V Department of Environment, Health and Natural Resources Northeastern Region 1424 Carolina Avenue, Washington, North Carolina 27889 James G. Martin, Governor Lorraine G. Shinn William W Cobey, Jr., Secretary Regional Manager CERTIFIED MAIL DIVISION OF LAND RESOURCES RETURN RECEIPT REQUESTED LAND QUALITY SECTION October 10 , 1991 Mr . Rex Whitfield Whitfield Enterprises, Inc . P.O. Box 127 . Dudley, North Carolina 28333 RE: Edwards Borrow Pit (Permit #96-28 )- IWhitfield Buckhorn Pit (Permit #96-31) •Whitfield Highway 55 East Mine (Permit #96-32 ) Wayne County Dear Mr. Whitfield: Attached copies of our reports documenting the inspections recently conducted at mine sites for which our records show you and/or your firm to be responsible. The inspections were performed under the provisions of North Carolina General Statute 74-56 of the Mining Act of 1971. Please review the reports carefully and note any problems or deficiencies documented by the inspector. Furthermore, please note any recommendations and/or specific corrective actions required to correct any deficiencies that may be listed. The responsibility for understanding and complying with the terms and conditions of your mining permits and the Act lies with you. P.O. Box 1507, Was1iington, North Carolina 27889-1507 Tcicphone 919-946-6481 FAX: 919-975-3716 An Equal Opportunity Affirmative Action Employer CERTIFIED MAIL Mr. Rex Whitfield Whitfield Enterprises , Inc . October 10 , 1991 Rage c Please do not hesitate to contact this office it you have any questions concerning the attached reports . Your cooperation is appreciated. Sincerely, Harry Bailey Engineering Technician Land Quality Section HB:mgr Enclosures : Mine Inspection Reports cc : Tracy Davis , State Mining Specialist North Carolina Department of Environment, Health, and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME WA.l f. d R.... 55 &</ An :ne 2. MINING PERMIT# gd;- 3i 3. OPERATOR r.d,:ire /,/ ✓F i/e(e.ass Jnc. 4. COUNTY Lv=vne 5. ADDRESS .O.n. [Qor rs> Dwo/lP..r . A 6. Person (a) contacted at site AV* nne o/ 4h& " s'is 7. Was mine operating at time of inspection Lj Yes x- No 8. Pictures ?, ❑Yes No 9. Date 1a51 inspected: S /J_/ 91 10. Any mining since last inspection ? ®Yes ONO 11. Is the mine in compliance with the Operating Conditions of the Permit ? IX I Yes ' ❑ No If no, explain: 12. Is the mine in compliance with the Reclamation Conditions of the Permit ? Yes ❑ No If no. explain: \ D / 13. Did any of the above deficiencies result in offsite damage ? ❑Yes No If yes, describe the type and severity at the damage: 14. Corrective measures needed and/or taken: 15. Other recommendations and comments: M:.. _y i/.e S. "A a.,d .,f t 4e 86. Is the Annual Reclamation Report +1 - map accurate ? Yes ❑ No (Explain) f� Not Reviewed T/x- Q-. I....., r. N.� . ...o ...,..Q`� �1.,.. a 17. Follow-up inspection needed It ❑ Yes N0 Proposed date 18. No. of additional pages.ot'Inspection R it e 19. Copy of Report sent to operator to/ io / a I . J / (date) INSPECTED BY: �/ann ... / DATE: to / 1k / 9/ Phone No: ( 4l?) gtld- !46// . Whirs copy to foe Yakiv copy to opomfor Pink copy 0 Mining Specfaf/st aw . . �, '.lo:'. .. � �. d _ - �. i � ;�i. . , .. a 4yo State of North Carolina 1&4' ' /yS,, Department of Environment, Health and Natural Resources �F0110/0 Northeastern Region 1424 Carolina Avenue, Washington, North Carolina 27889 James G. Martin, Governor Lorraine G. Shinn William W Cobey, Jr., Secretary Regional Manager DIVISION OF LAND RESOURCES LAND QUALITY SECTION May 23 , 1991 Mr. Rex Whitfield Whitfield Enterprises , Inc. P.O. Box 127 Dudley, North Carolina 28333 RE: Whitfield Buckhorn Pit (Permit #96-31) Whitfield Highway 55 East Mine (Permit 496_32 ) Wayne County Dear Mr. Whitfield: Attached are copies of our reports documenting the inspections recently conducted at two mine sites for which our records show you and/or your firm to be responsible. The inspections were performed under the provisions of North Carolina General Statute 74-56 of the Mining Act of 1971. Please review the reports carefully and note any problems or deficiencies documented by the inspector. Furthermore, please note any recommendations and/or specific corrective actions required to correct any deficiencies that may be listed. The responsibility for understanding and complying with the terms and conditions of your mining permits and the Act lies with you. P.O. Box 1507, Washington, North Carolina 278894507 Telephone 919-946-6481 FAX: 919-975-3716 An Equal Opportunity Affirmative Action Employer i y f • Mr. Rex Whitfield Whitfield Enterprises , Inc. May 23 , 1991 Page 2 ' Please do not hesitate to contact this office if you have any questions concerning the attached reports . Your cooperation is appreciated. Sincerely, Hurryilesr Engineering Technician Land Quality Section HB:mgr Enclosures : Mine Inspection Reports cc : Tracy Davis , State Mining Specialist North Carolina Department of Environment, Health, and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME 55 E..s/- 2. MINING PERMIT# 9G" 32 3. OPERATOR 1 A.'V 1 1.-s efi -r•7c 4. COUNTY LA-- y n 5. ADDRESS Pr). /-jO'A- /- > D. Wl-, - .v.C... 6. Person (s) contacted at site one, C»v &_ 5"I m 7. Was mine operating at time of inspection ? ❑Yes f] No 8. Picture)? Yes 'No 9. Date last inspected: 5 1 ,2 r 190 10. Any mining since lisf inspection ? Yes [:]'No' 11. Is the mine in compliance with the Operating Conditions of the Permit ? ,©Y s No If no, explain: ' 12. Is the mine in compliance with the Reclamation Conditions of the Permit ? Yes No If no, explain: / i 13. Did any of the above deficiencies result in offsite damage ? Yes No If yes, describe the type and severity of the damage: 14. Corrective measures needed and/or taken: 15. Other recommendations and comments: A-1 c . .�� 16. Is the Annual Reclamation Report+/ - map accurate ? n Yes No (Explain) Not Reviewed a � 17. Follow-up inspection needed? ❑ Yes [M No Proposed dale I I 18. No. of additional pages of Inspection Reporter 19. Copy of Report sent to operator 5 17 3 19i . (date) INSPECTED BY. -� �� DATE: 5 / ' 1 91 Phone No: (17i9) ryr. C— dy 9�y White copy to file Yellow copy to operator Pink copy to Mining Specialist eras M ST"Tt q REGEIVED 4 MAY 4 3 bJ0 LAND QUAL11 Y SECTION State of North Carolina Department of Environment, Health and Natural Resources Northeastern Region 1424 Carolina Avenue, Washington, North Carolina 27889 James G. Martin, Governor Lorraine G. Shinn William W. Cobey, Jr., Secretary Regional Manager DIVISION OF LAND RESOURCES LAND QUALITY SECTION May 22, 1990 Mr. Rex Whitfield Whitfield Enterprises, Inc. P.O. Box 127 Dudley, North Carolina 28333 RE: Edwards Borrow Pit (Permit #96-28 ) Buckhorn Pit (Permit #96-31) jWhitfield Highway 55 East (Permit #96-32 ) Wayne County Dear Mr. Whitfield: Attached are copies of our reports documenting the inspections recently conducted at three mine sites for which our records show you and/or your firm to be responsible. The inspections were performed under the provisions of North Carolina General Statute 74-56 of the Mining Act of 1971. Please review the reports carefully and note any problems or deficiencies documented by the inspector. Furthermore, please note any recommendations and/or specific corrective actions required to correct any deficiencies that may be listed. The responsibility for understanding and complying with the terms and conditions of your mining permits and the Act lies with you. RO. Box 1507, Wa%hington, Norih Carolina 27889.1507 Telephone 919-946-(A81 An Equal OP1xirtunity Alfirmative Action Employer Mr. Rex Whitfield Whitfield Enterprises , Inc. May 22 , 1990 page 2 Please do not hesitate to contact this office if you have any questions concerning the attached reports . Your cooperation is appreciated. Sincerely, Harry Bailey Engineering Technician Land Quality Section HB:mgr Enclosures: Mine Inspection Reports CC: Tracy Davis, State Mining Specialist North Carolina Department of Environment, Health, and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME bs9, .11 � ( t/L $� � 2. MINING PERMIT# 9¢_3_x_ 3. OPERATOR i 4. COUNTY 5. ADDRESS 6. Person (a) comacted' 7. Was mine operating at time of inspection ? '" ` ❑Yes No 8. Pictures ? Yes No 9. Date last inspected,pliancA 10.Any mining since last7nspeclion ? Yes QN - 11. Is the mine in com with Il'hWOperating Conditions of the Permit 7 Ye ❑ No If no, explain: /\ 12. Is the mine in compliance with the Reclamation Conditions of the Permit ? p.Yes ❑ No If no, explain: XX 13. Did any of the above deficiencies result in offsile damage ? ❑Yes No I yes, describe the type and severity of the damage: 14. Corrective measures needed and l or taken: 15. Other recommendations and comments: �rnJ o sr.oo , 16. Is the Annual Reclamation Report+/ - map accurate ? Yes ❑No (Explain) ❑ Not Reviewed Ri17. Follow-up inspection needed ? ❑ Yes No Proposed date 18. No. of additional pages of Inspection Report 19. Copy of Report sent to operator—5_/�_1 /f (date) INSPECTED BY: �/ ✓l DATE:_ ` / / � Phone No:( qro) White copy to foe Yelktw ropy to operator Pink ropy to Mining Specialist vev �990 ,G State of North Carolina i Department of Natural Resources and Communiry Development Northeastern Region 1424 Carolina Avenue, Washington, North Carolina 27889 James G. Marrin, Governor - Lorraine C. Shinn William W. Cobey, Jr. , Secretary Regional Manager DIVISION OF LAND RESOURCES LAND QUALITY SECTION March 7, 1989 Mr. Rex Whitfield :Whitfield Enterprises, Inc. , Route 3 , Box 24 n..a, .... _tu .., : eoeco Dud may , .,or ..ar..,.. na r.o.,..., RE: Whitfield Enterprises Pit (Permit 496-26 ) - Whitfield Buckhorn Pit (Permit p96-31) Whitfield Highway 55 East Mine (Permit 496-32 ) Wayne County - Dear Mr. Whitfield: Attached are copies of our reports documenting the inspections recently conducted at three mine sites for which our ' records show you and/or your firm to be responsible. The inspections were performed under the provisions of North Carolina General Statute 74-56 of the Mining Act of 1971 . Please review the reports carefully and note any problems or deficiencies documented by the inspector. Furthermore , please note any recommendations and/or specific corrective actions required to correct any deficiencies that may be listed. The responsibility for understanding and complying with the terms and conditions of your mining permits and the Act lies with you. PO ea, I507, ICS,hlarnn., Nonh Camlina 17889.150' Telmiune 90-9KW91 An Equl Opajnaniry AHinnmtl A an Employe. 4 Mr. Rex Whitfield Whitfield Enterprises, Inc. March 7 , 1989 Page 2 Please do not hesitate to contact this office if you have any questions concerning the attached reports . Your cooperation is appreciated. Sincerely, {'7 L�/L /l Ate✓ Harry Bailey idly Alit Gl lllg 1G1..111111.1 a 11 Land Quality Section . HB:mgr Enclosures: Mine Inspection Reports cc: Thomas E. Carroll, State Mining Specialist c� North Carolina Department of Natural Resources and Community Development Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) ' 1. MINE NAME UJk1jC-_&1,1 Av 55 Fe l /1 r7e 2. MINING PERMIT# 9G-3 3. OPERATOR L-LA•'>fr / E- Pr,/sues er,,2CIs.-s 4. COUNTY Wcj!fr)e 5. ADDRESS Rc"' c. -7 R_ ax -2 Y 4_ . AA C._ 2_9 33_? _ 6. Person (s) contacted at site 7. Was mine operating at time of inspection ? ❑Yes C& No 8. Pictures ? ❑Yes X No 9. Date last inspected: d*'1 231 86- 10. Any mining since last inspection ? 0 Yes [:]No 11. Is the mine in compliance with the Operating Conditions of the Permit ? Q�Yes ❑ No if no, explain: 12. Is the mine in compliance with the Reclamation Conditions of the Permit ? © Yes ❑ No If no, explain: 13. Did any of the above deficiencies result in offsite damage ? ❑Yes ©No If yes, describe the type and severity of the damage: 14. Corrective measures needed and 1 or taken: 15. her recommendations and comments r•I 1ti� nrn� G2 ,n c� 1, 9�J e_ ,._r_ _i 1,_ i i e_ •`+J/ JJ 'r7^J'tfli .%7w / Cr �v-'a—•' ♦ •r r•r r :•' cr riw�Trr• C " f O6lT Q! Q 4rO�P r - -- 16. Is the Annual Reclamation Report +/ - map accurate ? Z Yes ❑No (Explain) ❑ Not Reviewed 17. Follow-up inspection needed ? ❑ Yes No Proposed date / 1 18. No. of additional pages of Inspection Report 19. Copy of Report sent to operator 3 1 7 1 s9 (date) INSPECTED BY: �r~i �• DATE: 3 I 2 I Sri — Phone No: ( 9ig1 cI i/G_ /6y g/ White copy to file Yellow copy to operator Pink copy to Mining Specialist } REV.9168 .=�''�:�•I ref,`:4��`v State of North Carolina Department of Natural Resources and Community Development 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor Joseph E. Slate, Jr., Director S. Thomas Rhodes, Secretary Office of legal Affairs November 22, 1988 Thomas Hilliard, III Judith Robb Bullock Edwin L. Gavin II Robert R. Gelblum David G. Hmer Robin N. Michael James C. Holloway Elizabeth E. Rousc Yvonne C. Bailey Mr . Rex Whitfield Whitfield Enterprises, Inc. Route 3 , Box 24 Dudley, North Carolina 28333 RE: Payment of Proposed Civil Penalty Against Whitfield Enterprises, Inc. Wayne County, LQM 88-44 Dear Mr. Whitfield: This will acknowledge receipt of Whitfield Enterprises, Inc check number 2784, in the amount of $j,600. 00, and dated November 17, 1988. This payment terminates the above-referenced matter, thus I am closing my file on it. If you have any further questions concerning this case, please contact me. S'Vcex{ely, Rob Gelblum Agency Legal specialist -`�- RG/na cc Steve Conrad Tom Carroll Floyd Williams PG ww 27w-, Ralciwy awn�-t vac Viiiia 2-MI1.7697 elep wine %9.733•%147 ' An Equal Opportunity Affirmative Action Employer l * il�S State of North Carolina Department of Natural Resources and Community Development 512 North Salisbury Street a Pald,.h, North Carolina 27611 James G. Martin, Governor Joseph E. Slate, Jr., Director S. Thomas Rhodes, Secretary November 1, 1988 Office of Legal Affairs Thom , Hillu,d, III Judith P bb Bulb k Ed.i, L. Gmn II Robert R, Celblum Da.id C. Hem. Robin N. Micluel Rex Whitfield Jame, C. Hdl� EIIm" E. Rou» Whitfield Enterprises, Inc. wnnne C. Canty Route 31 Box 24 Dudley, N.C. 28333 RE: Mining Without a Perm ,t (L 88-44) Recommended Civil Penalty, Wayne County Dear Mr. Whitfield: As you have been previously informed, you have violated the Mining Act of 1971. N- r, Ceneral Statutes 74-46 et sea. This is to inform you that, based on one incident of mining without a permit, a penalty of $1600 has been recommended, which you may pay by check. or money order made out to "North Carolina Department of Natural Resources and Community Development" at the above address. Enclosed you will find the Guidelines used in arriving at the figure. Feel free to state any reason this penalty should not be imposed or should be reduced. If. neither payment nor a response is received from you by November: 18, 1988, a formal assessment will be prepared. If additional violations are discovered, your penalty could well be more . It is also my understanding that the Attorney General's office is pursuing action against you. S ii l/L' ✓ Y• Rob Gelblum Agency Legal Specialist -� RG/sd Attachment cc: cTom-CarrolD Floyd Williams Po.. �x 27KR, kale&+, No,, Camliw 27611J682 Telephone 919933-�47 An Equal OpparuMlY AHinnaaw Amon Empin 4 l - 1 I SUMFCT / DATE / G ) III `C�4e : l r-1 o,�u-s C�h 1 /) I- -/////10Ae I C.i5gie ,g 0-1- {�[� eoat--4� l°B:�✓ES�N✓lai2l tr e.r sc4/t ec( /cl �-I I yVLIE� K4-R-zrl r7L /4 dE 50'9-. d f GJ P / I � E SIGNED IDATE SIGNED REDFOpM. 4$ 469 .SEND PARTS 1 AND 5 INTACT Ca��onleas PDtJ PAK j50 SETSJae ab9. . PART ]WILI BE RETURNED WITH REPLY . . a .e. ... E . ... ... ... . . ... r . . . ... . � i y. a xJ .. . a _ ,.f. .. m... . .Jn..i DETACH AND FILE FOR FOLLOW-UP .) � a � � i � DEPARTMENT OF NATURAL RESOURCSES A COMMUNITY DEVELOPMENT LAND RESOURCES DIVISION I LAND QUALITY SECTION TELEPHONE LOG Sheet I Date County 11/.1 Call received ✓Call placed— 1. Project: �lof ` iC\(J� �,'t'�v iel 2. Conversation pith: P K t.(L�/✓[ <�'�[e( � K� 3. Content ofyc/o�nv/ersation: 6( 4e, .JX 4 G 2c� S4 U6L L �nn ✓/�4(( 1�2 nC G G ✓CSKWCYt+ rr//e 14_P/1 I7/ 4�itTn ��i-.•dC. +'lG.g ( ✓P CQ Lc�-�. Iee... ` 0 e / c�- ee�• Sa.S� �P{'B P� Ae p4 n�f `f�s� a , 4 �• 12ec� � —� � F 21n� G/�Sb Gd9cQ �2 L yev�r t�e6 lt� S /� (1�e(4 'to/ 60 c4e,4— vk.e_ Lt, I, rG a /4e e-- 4c S4 0 4C Is C�64� Cro�� 46�41 a/n (A) IAP LL U1Lw�`� °C.c9v�.�5 i(d�le-.,,}/np.r u.��i /J �/�✓�w�B�)/ `fL((. ��7�K4TtSii4C7 IB L4�� � )� tL19Di71'X V4er UUSC� `�"6"lC +tIC�''✓�_ c (Ar) QYLut6C [ �' /kk/�11rr ^ [ �"-W `/(I���" 0 Filled by: / p� ('uv DIVISION OF LAND RESOURCES LAND QUALITY SECTION November 8, 1988 MEMORANDUM TO: Tom Carroll State Mining Specialist �1 FROM: Marry Bailey '" , i . �0 " Land Quality Section .�� 06' Washington Regional Office 196? SUBJECT: Request for Civil Penalty for Mining Without a Permit Mr. Rex Whitfield Whitfield Enterprises , Inc. Lenoir County Enclosed are two sets of additional information concerning the above referenced site. Enclosures y. x s f�. s sa" r DEPARTMENT. OF NATURAL -RESOURCSES fiCOM1UNZTY:DEVCLOPMENT.,� - " "' -'` ":•'' LAND.RESCURCES'.DIVISION LAND QUALITY SECTION TELEPHONE LOG Sheet' . . - Date County. C'a\llI r1ec(`eivnedn-LI Call placed_ 1. Project : 2. Conversation with: Tix�. /I), C 3. Content of conversation: Nca I&AIJ c-d .4�;p - C S �� r nil -7-f�S�Ji.�-�' Z& I%yit� /Yri /A .ram w j. Filled 1i .c.' 19 w y 1 _. ... �"- �� ' DEPARTMENT OF. NATURAL RESOURCSES;d.COlM,DNITY DEVELOPMENT j *:' TELEPHONE LOG . . - ' Sheet Date County Call received Call placed 1. Project : Z. Conversation with: 3. Content of conversation: II�� Ile- ZZOOP Filled by fft � �+f� hy/ fit kC 4 �;��y� / 0 A � r R P 933 172 921 RECEIPT FOR CERTIFIED MAIL ' No INSURANCE COVERAGE PROVIDED — - NOT FOR INTERNATIONAL MAIL - (See Reverse) Pula Rex Whitfield ' - ree an o. ' P.O..State and ZIP Code .::! Postage 5 111+ Cenihed Fee _ Special Delivery Fee _ ReOrDled Delivery Fee Rclurn Reaeipl avowing N to whom and Date De VI - In Relurn Receipt stneing to venom, Date,and Address of Defvery . TOTAL Postage aM Fees 5 T PmMmn'or Da e o F� !'{SENDER iC&nplote Iteme 1 atbAz wnan eeaXldna �are deelred end eoYns'Wam 1ft P,utNJyoJjeLdree^ siinLynPETURNgTO Spa<p on Jie�revemeteld ieDU to do 'i`Iltved "taE`9 uNi belnp ra[umed.toyotiLTXe return ecel Ieewill mvltle ou Ne name aitheuarsondelveed . toe dtaa date aF Eel a '(Eery os e o owmpeery ceeareeva'le a onTTt�rtor . ♦♦' oror ei �cE' ee¢leOdXbnal�servlulel requeered ' yt �SShowgo whom tlellwmd, tlete';gnd dd beaea'a addreee 2.' O flendmeylDellve ' - 3P4HAttldle Number F Mr Rex Wh tf to d , ' „et �T w sa Mrleo Wh rtfield Enterp��s`e"s; s�l°nc�� , �� �RmI�Oe red _ One°"°d R 3 `BOX: 24 a I ®c mrbd ❑ wD ' EAp M II j I It v.'M1�i OA a D dl ey, ED 283 a �� A eye oMeb dpneWre,W elkmeaee t L . r. d � �� aa�'fi nTE DRrvRtED 1 66`ry�q}ylgOnEU1 Ad t <-+ '. S AddiessseeyTA©dress (ONLYtf l `�r .®�.X..o ow a �� c rcm¢.nd mdrrj e^'pdd Sig 8=1 }). Date of eaEom°as fYta� vex . U ro was=xtx e 6 DoremcRETURN N Y State of North Carolina Department of Natural Resources and Community Development Northeastern Region 1424 Carolina Avenue, Washington, North Carolina 27889 James G. Martin, Governor Lorraine G. Shinn S. Thomas Rhodes, Secretary Regional Manager DIVISION OF LAND RESOURCES LAND QUALITY SECTION September 16, 1986 Mr. Rex S. Whitfield Whitfield Enterprises, Inc. Route 3, Box 24 Dudley, North Carolina 28333 Dear Mr. Whitfield: Enclosed are copies of the application for a mining permit which you requested. If you have any questions or need additional information , please do not hesitate to contact this office . Sincerely, V Harry Bailey Engineering Technician HB:mgr Enclosures PC) Box 1507, Washingon, North Carolina 37889-1507 Ielephone 919-946481 An Equal Opporruniry Amrnnanoc Action Employer -!'f'j� �j'aTr/�ti/r _�- i✓�� �� `,I/ r�yyn"%� �/ II lsvT7y. „J-�•i;'�r�+��z�a �� _y' _1�'�?1L ��r`vJ `�i�L (/ v trey �t it 'tak PEI 1 �9qn NOGG. Ciy� . State of North Carrr�Mina °jqY 9B6 Department f Na Salisbury uRsour-ess a o and Community ly Development sz James G. Martin, Governor Joseph E. Slate, Jr., Director S. Thomas Rhodes, Secretary November 2, 1988 Office of Legal Affairs Thomas HiIW,d. III Judah ebb Bullock Edwin L Gwn II Robon R. Cdblum David C. Hencr Robin N. Midud Rex Whitfield tames C. Hdlovay Elimbah E. Roust . Whitfield Enterprises, Inc. Ywnne C &Ilw Route 3 , Box 24 Dudley, N. C. 28333 RE: Mining Without a Permit (L 88-44) Recommended Civil Penalty, Wayne County Dear Mr. Whitfield: As you have been previously informed, you have violated the Mining Act of 1971 . N.C. General Statutes 74-46 et sea. This is to inform you that, based on one incident of mining without a permit, a penalty of $1600 has been recommended, which you may pay by check or money order made out to "North Carolina Department of Natural Resources and Community Development" at the above address. Feel free to state any reason this penalty should not be imposed or should be reduced. If neither payment nor a response is received from you by November 18, 1988, a formal assessment will be prepared. If additional violations are discovered, your penalty could well be more. SUlya Rob Gelblum Agency Legal Specialist RG/sd Attachment cc: lzTom_Carroll Floyd Williams P.O. Box 27687, Raleigh. North Carolina 276117667 Td[F nc 919-733J 47 An Equal Oppmmnity AfflrmmWc Acrion Employer October 10, 1988 htt:MORANWh TO: Joseph Slate, Director, OLA LQs 88-044 FROM: Stephen G. Conrad, Director, DLR Sy C SUBJ=: Request for Civil Penalty Assessment Against Whitfield Enterprises, Inc. Ai ning Without a Permit Wayne County Whitfield Enterprises, Inc. (Mr. Per, Whitfield) has operated approximately a 3.2 acre sand pit without a valid mining permit. I request your assistance in assessing a civil penalty for mining without a permit as the operator had prior knowledge of The Mining Act of 1971. Whitfield Enterprises, Inc. has valid mining permits for two other sites in Wayne County, one of whidi he was assessed a $750.00 civil penalty for mining without a permit (AH-LQ 83-28) . I have attached a copy. of the N.O.V. , chronology, inspection reports and other documentation. Please advise Mr. Thomas Carroll at 733-4574 should you need additional information. SGC:TL'D:se Attachments cc: Mr. Floyd Williams, P.G. 110 lAnd Quality Scctiun Memo Date: /La/S� Time: To: Z�)o �"`5 From:. L _ '41to C o c—�4 QD 6y /�Ko ` 5- q/ GweM,vwG, !�T �✓�a T` - c� ] F((7 6[2,7L = QElF r/ lSS� f� 100 = doW 'Division of Lend Resources, North Carolina Deparuncat of"mural Rtuvurces and CaIIma.dIy Drvahq.aani LQ s /coo P y DIVISION OF LAND RESOURCES LAND QUALITY SECTION June 17, 1988 MEMORANDUM TO: Tom Carroll State Mining Specialist FROM: Floyd R. Williams Regional Engineer Land Quality Section Washington Regional Office SUBJECT: Request for Penalty Assessment Rex Whitfield Whitfield Enterprises, Inc. Wayne County Enclosed is appropriate information for the above subject request . fYlC re.e1V a U all ap..J.11 1l c..l t.1 oil Lr U..r 1.1115 S1 l.0 oii UUlle 1J , " 1988 . Harry Bailey inspected the site on June 14 , 1988 as part of the mining permit review and found approximately 1. 5 acres affected. He did not actually see Whitfield' s equipment onsite. If you have any questions, please give Harry or me a call. Enclosures • 1 MINING ENFORCEMENT FILE CHECKLIST WHITFIELD ENTERPRISES, INC. PROPOSED WHITFIELD HIGHWAY 55 EAST MINE WAYNE COUNTY 1. Copy of Notice of Violation and receipt for delivery enclosed. 2 . Copies enclosed. 3 . Location map and sketch map of site are included on the second page of the June 14 , 1988 inspection report. 4 . No change in violation from the original Notice of Violation. 5. The size of the disturbed area is approximately 1. 5 acres. The size of the disturbed area was measured by pacing with a conservative estimate of 2 . 5 feet per pace. The site will be remeasured by taping in the near future, and the information will be submitted. 6 . The seriousness of the violation is quite high because the mine operator has two active mine permits . Enclosed is a copy from the computer showing the two mine permits that this operator possesses . 7 . If -a mining permit is not obtained for this site, the disturbed area must be reclaimed. All slopes must be graded to a 2 horizontal to 1 vertical or flatter. All affected areas must Oe graded, limed, and fertilized according to soil test, and revegetated. The site appears to be permittable, and a mining permit application for this site was received on June 13 , 1988 . 8 . Chronological history of events is enclosed. 9 . Slides with corresponding location map will be .submitted when slides have been developed. 10 . Guidelines .for Assessing Civil Penalties is enclosed. CHRONOLOGICAL HISTORY OF EVENTS WHITFIELD ENTERPRISES, INC. PROPOSED WHITFIELD HIGHWAY 55 EAST MINE WAYNE COUNTY 6-13-88 The Washington Regional Office received a mining permit application for the Whitfield Highway 55 East Mine. ' 6-14-88 Harry Bailey inspected the proposed mine site as part of the mining permit application review process . Mr. Bailey observed that more than one acre of land had been affected. 6-17.-88 A Notice of Violation for Mining Without a Permit was sent. (�-zo oL� VEEP G '3 p TRANSID= IHFOCUS PAGE CMD; '+N' FRWD; '-N' BKWD; 'L' LAST; 'N' NTH = USER* FORMAT SWITCH: PFI=HELP; PF2=FOC; PF3=DFOC; PF4=TED FOCUS 5.0.3 06/15/88 15.10.06 INS/DC INTERFACE REL.3.0.1 NUMBER OF RECORDS IN TABLE= 2 LINES= 2 PAGE i LIST i MINE NAME WHITFIELD ENTERPRISES PIT PERMIT 46-26 OWNER WHITFIELD ENTERPRISES STREET LI RT. 3, BOX 24 CITY DUDLEY STATE NC ZIP-5 20333 2 MINE NAME EDWARDS BORROW PIT PERMIT 46-28 OWNER WHITFIELD ENTERPRISES STREET Ll RT. 3, BOX 24 CITY DUDLEY STATE NC ZIP 5 28333 4B 0-001 CASE NAME: 1A1A jr'e jd F ierpo�/SeS� -Snc. CASE NO: , LQM COUNTY: Wa ne. GUIDELINES FOR ASSESSING CIVIL PENALTIES FOR VIOLATIONS OF THE MINING ACT FOR MINING WITHOUT A PERMIT I . The following guidelines are to be used to assist the Director, Division of Land Resources, in determining the amounts of civil penalties to be assessed under the Mining Act in a fair and consistent manner . II . The following guidelines should be applied in determining the amounts of civil penalties : A. Nature of Violation: Check the applicable violations of the Mining Act and Rules = 1 . Mining without a permit. D. Degree and Extent of the Harm Caused by the Violation. 1 . When was the violation discovered? Tyne �H� �afrB 2 . when was the NOV received? -jo.,e Zt7� (SSS� 3 . Is the site still in violation? ✓ Yes No 4 . What was the size of the affected land: a. At the time of the initial�fnspection? ti 1. S ac . Date: TUAe b. At the time of the last inspection? ac. Date: :1 vha Z3 l5` & 5 . a. Was there any off-site damage? Yes ,L No If yes , describe the type and SevC1jty o1' the damage . Page 2 of 5 b. Is this damage continuing? Yes No If yes , describe. N1A 6 . If damage is off-site sedimentation, estimate the volume of off-site sedimentation. (Check one) n//p _ a. 1-9 cubic yards b. 10-99 cubic yards C . 100-959 cubic yards d. 1000 or more cubic yards 7 . Degree of off-site damage (check one) _ a . Severe Damage _ b. Moderate Damage _ C. Slight Damage _ d. None C. Prior Record of the Violator in Complying or Failing to Comply With The Mining Act and Rules . 1 . Was this operator previously under an NOV for this site? Yes ( Explain ) ✓ No 2 . a. Has this operator previously recieved an NOV(s) for violations at othersites? Yes No b. If yes, what type violations ( check all that apply and explain) ] mining withouL a pct'mit r`L.- Page 3 of 5 3 . a. Has this operator been spject to prior enforcement actions? ✓ Yes No Unknown b. I£ yes, to what kind of enforcement action has this operator been subject? ( C:^ qk all that apply and explain) a. Injunction —� b. civil penalty C. Bond forfeiture /U 4 . Overall, does this operator have a good record of compliance with the Mining Act and Rules? ( Check one and explain) ✓ Yes lI No jj _II "" Unknown/ Tl,e oloera40r recei ye�u 2 /v�:ee pT Npnerm�l oq/ce w, lM:n:n'9 /x.n,.d;l # 96 an4 made ' Ae llecessa'% co.recl"We oc /'.OnS_ D. whether the violation was Committed willfully. 1 . Does the violator have a prior record: See C above. - 2 . Did the violator have knowledge of the law before he commenced mining? J Yes_ No Unknown Pas ':wo lie-- 3 . Are there any other factors wh: h would make this violation willful or not willful? WDT 1p E. Effectiveness of Any Action Taken by the Operator. 1 . Did mining cease after receipt of NOV? P)VT arrE%.c " jmpiCf ]LUd ro; rcquii:cc by Lhc NUr + Yes No Partially ( explain ) Page 4 of 5 3 . Was the , permit application received within the required time period? Yes No. The gWkcahon was roce/vee( pr.or ic }tie MOV. 4 . If no permit application was filed, was a reclamation plan submitted and was the site adequately reclaimed within the required time period? Yes No Effectiveness of steps taken to correct violations: ( Check one ) Cogm rust pws,..mr� xT" tt t .t4S T a. No steps _ b. Basically ineffective _ C. Mixed results d. Wholly effective F. Amount of money the violator Saved by His Noncompliance . 1 . What costs were saved by the violator by his noncompliance , if known? jv f- ke V0 A.O 2 . Ease or difficulty of compliance with the Act and Rules based on circumstances of site. (Check one ) _ a. Difficult b. Average C . Easy fqd- d. unknown ll- G. cost of Rectifying the Damage. li/& 1 . Has the damage been corrected? "' . if so, what wa:; t;:r cost , � f. ?tco:an , oY Page 5 of 5 3 . If not, is it practical for the damage to be corrected? N/p Staff Investigative Costs . (Check one) a. Below Average y� V b, Average C . Above Average I . Number of Violations . List the dates of violation: Prepared by: ( Regional Engineer ) Date: 6- I =�0 - Reviewed by: Mining Specialist) Date : CASE NAME : �.��i�li-� �; I�I L (t;�ZI (�lS CASE NO: COUNTY: LI�G-c.l ll _ CIVIL PENALTY ASSESSMENT FOR VIOLATIONS OF THE MINING ACT FOR MINING WITHOUT A PERMIT A . Nature of Violation : Mi.ni.ng without a permi L . B. Degree and Extent of the Harm Caused by the violation a . „ Acres of afeced land �, 2 x 500 $ //vG J• b . Degree of off-site damage : $ Severe Damage 1000 Moderate Damage 600 Slight Damage 200 Nolte 0 C . Prior Record of the Violator in Complying or Failing to Comply with the Minina ACt and Rules D . whether the violation was Committed willfully 5 B . Effectiveness of Any Action Take by the Operator $ F . Amount of Money the Violator Saved by His Noncompliance > G . Cost of Rectifying the Damage $ H . Staff Investigative Costs 5 TOT?.L PENALTY PEP \':C1.%.'^'.ON ACTUAL 13ENALTY PER 'VIOLATION I . Number Violations TOTAL ASSESSMENT * Maximwm penalty PER VIOLATION shall not exceed $5 , 000 ; if TOTAL PENALTY PER VIOLATION exceeds $5 , 000 , ACTUAL PENALTY PER VIOLATION s*.all be $5 , 000 . A u ; State of North Carolina Department of Natural Resources and Community Development Northeastern Region 1424 Carolina Avenue, Washington, North Carolina 27889 James G. Martin, Governor Lorraine G. Shinn S. Thomas Rhodes, Secretary Regional Manager NOTICE OF VIOLATION FOR MINING WITHOUT A PERMIT CERTIFIED MAIL DIVISION OF LAND RESOURCES RETURN RECEIPT REQUESTED LAND QUALITY SECTION June 17 , 1988 Mr . Rex Whitfield Whitfield Enterprises , Inc. D�ii# o Z nCl 7A Dudley, North Carolina 28333 Dear Mr . Whitfield: This is to inform you that you and/or your firm are violating the Mining Act of 1971 by operating a mine without a permit as required by North Carolina General Statutes (hereinafter referred to as NCGS 74•-46 , et seq. , as amended) . You are hereby directed to cease mining until a mining permit is obtained. On June 14 , 1988, personnel of this office inspected a mining operation being undertaken on the north side of NC Highway 55 and at the west end of Williams Pond in Wayne County. Personnel of this office have also determined that you and/or your firm are the operator of this mine. Under the Mining Act, no person may operate a,=mine without first obtaining a mining permit and also posting a bond to ensure that the site is reclaimed. Mining is defined by NCGS 74-49 as : The breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals , ores, or other solid matter; Any activity or process constituting all or part of a process for the extraction or removal of minerals, ores , soils , and other solid matter from its original location; and/or P.O. Box 1507, Washington, North Carolina 27889-1507 Telephone 919-946-6481 An Equal Opportunity Affirmative Action Employer l CERTIFIED MAIL Mr.. Rex Whitfield Whitfield Enterprises, Inc. June 17 , 1988 Page 2 The preparation, washing, cleaning, or other treatment of minerals, ores, or other solid matter so as to make them suitable for commercial, industrial, or construction use . "Minerals" means any soils, clay, coal, stone, gravel, sand, phosphate, rock, metallic ore, and any other solid material or substance of commercial value found in natural deposits on or in the earth. NCGS 74-49 ( 6 ) .' It having been determined that you are in violation of the Mining Act, you are directed to immediately halt the above mentioned mining operation until you have obtained a_permit from this Department. In addition, you must: 1. contact this office at 1424 Carolina. -Avenue, Washington, NC 27889 (P.O. Box 1507 ) , telephone 919-946-6481, WITHIN 10 DAYS to indicate your intention to comply with the Mining Act; 2 . post a bond or other form of security acceptable to the Department for ensuring that the affected area will be reclaimed when your mine is terminated. or As an alternative to filing for a mining permit, you may immediately initiate reclamation of this site and complete the reclamation WITHIN 30 DAYS OF RECEIPT OF THIS NOTICE. Please contact me immediately it you wish to reclaim this site. Violations of the Mining Act are subject to a civil penalty of up to $5 , 000 . 00 for each day of a continuing violation. A penalty may be assessed for violations committed 1�fore receipt of this notice. A penalty will be assessed for violations committed after receipt of this notice. An injunction or civil penalty may also be sought to enforce the Act. The responsibility for understanding and complying with the requirements of the Act rests upon the individuals and firms who are subject to its requirements . A copy of the Act and applica- tion forms are attached for your information. CERTIFIED MAIL Mr . Rex Whitfield Whitfield Enterprises, Inc. June 17, 1988 Page 3 Please do not hesitate to contact me regarding any questions you may have about this matter. Sincerely, Floyd R. Williams , C.P.G, S . , P.G. Regional Engineer FRW:mgr Enclosures cc : Thomas E. Carroll, State Mining Specialist . North Carolina Department of Natural Resources and Community Development - Division of Land Resources, Land OualftySectlon - MINE INSPECTION REPORT (UNPERMITTED MINE) 1. OPERATOR Wb:lde JJ En�er�lr'sas -Lnc. 2. 000N7Y ^�3. CASE# 4. LOCATION: North s,cde of �Vc- dtrry, 55 vlecf Pod of w /!:a z P,nl u >' l I m o f f N.C. w vo. S. PERSON (S) CON ACTED AT SI E: 6. TYPE INSPECTION: ® A. Initial Inspection 1. Size of affected land: "- !•5 ac. (attach sketch-map) 2. How was this area measured ? Pacer! Measuradby: Harr. ❑ B. Follow-up Inspection 1. Date of last inspection_/ !_ 2. Any mining since that date ? ❑Yes ❑ No If yes, cite evidence of such mining activity 7. Pictures taken ? ® Yes ❑ No Taken by: f c rr.�. 4. e k 8. Was mine operating at time of inspection ? ❑ Yes No If yes explain. 9. Is there any off-sile damage ? A. ❑ Yes B.5� No C.❑ None Observed It A. descdbe the type and severity of the damage: It B or C, is there potential for olflISite damage . Yes Q No Explain � -�= r✓c mr.c � tcs >onr Lacs hewn ter/ be4 evn /Ae m,., or Y'. i, o�rl (.11. 10, Corrective measures needed and/or taken: 17 Other comments- T1,e Ltlas-1,.nc{cnG Of e: F n y r 12. No. of additional ppaage/s of Inspection/Report _13. Copy of Report sent to operator / 1 > / 2E INSPECTED BY: DATE: While ropy to file Yellow mpy to operator Pink mpy to Mining Specialist am LAND QUALITY SECTION PROJECT: '�A/h ;;{:r in' L`nirraNS -; Page—of �, -- - -- u.r. ---- - --- WAI), ss COMMENTS : 71 r - Via, nr n4r, lr fire A{r� rr'I rn:n;nc npn� = nrti�. fn ?o:Jc� r nnnr Ir nc •rY s;, , hFc � . 7 ,fr�.>c „ INSPECTED BY: DATE: / / :n -LAND QUALITY SECTION PROJECT: w�:}{;•P �a Fn'�er � 1P�m:�ed M:ne Page f n E— 17 '� S. + � 3 .._ SITE F7 "s sec- � N SS � a Ol,�e COMMENTS: INSPECTED BY: ` DATE:_ /�/ LAND QUALITY SECTION PROJECT: WA:1��i� lJ EnriArar.'SA5 .Inr_ Page—of + N ' gel ���`2 r'A `s FO SITE S 400 9G''y 1y8� 4� hlp+ F- HWY 55 Np4 Smi Ol:pe COMMENTS: �4 norm.'7 Aos A pn PiauPel for fig.4s S. /9&P T{r n.An nArido `rn. ��P IJ I. SE of rn:nfno �//c5 rPMPGSti rA r� V/. Yrl rf YO FJP rinrl 1/ e5 �n4n � l)P �. 7 Hr/aSp /�..i-4aw Z i INSPECTED BY: y;,,�,PC(/iO�i-i�/'Y!y/%`/./r..., DATE• / 1-<. - -- (q 0CT I �� 1 ��nrafATr q1 ,r, S`CT/O'r •SENDER Complete Items I and 2 when additional servlces ere deslrod, and complete Items 3 and 0. Put your address In the "RETURN TO" Spate on the reverse side. Failure to do this will prevent this and from being returned to you. The return ec of fee Will orov de vau tho name of the Person f For. nor areas MA,following services are evalleble. Consult PO ester for to end cM1eck hoxly for additional ServlCeu) requested 1. O Show to whom delivered,date,and addronee's address 2. d Restricted Delivery 1(6iha chygeg I t(£%tra Chage)t 3. Article Addressed to: d. Article Number Mr. Rex Whitfield295 Whitfield Enterprises, Inc. Ty ' .. i Rt. 3, Box 24 - ❑ Registered ❑ Insured Dudley, NC 28333 E)Express Mill' ❑ coD Always obtain signature of addressee or agent and DATE DELIVERED. S. Signature—Addressee R, Addrasseei Address(OHL Y if . X requested and fee pafd) i 6. SiB re A e X . Sete I 'wwary PS Form 7 , Mar.1989 ' a US.D.P.O.tool-tie-2aa DOMESTIC RETURN RECEIPT Please dela<h and reNrn to THE TRAVELERS INDEMNITY COMPANY - at the following address: o n o,.., o1na�n - - Principal w"n�'F t�rpry��, rn�__ Cha'lnt-te, NC 78229__ ACKNOWLEDGEMENT Your Notice of Cancellation has been received. We have arranged to cancel the bond effective the—A:t day 7q�, Dafe: ➢ELtAIFit.'♦(i � , 19g$ �RIEt1/� /�. 'pM41 e.l.T (A<sr µ,✓tlf>Srtzrf.us7) 3-2025 REV.3.53 Pq INTED Ix U.S.A. Q911 CERITIFI D MAIL RETURN fECEIPT REQUESTED f}ieTiavelil THE TRAVELERS THE TRAVELERS INDEMNITY COMPANY Hartford, Connecticut NOTICE OF CANCELLATION December 1_ 1988 r 1RtCENED Department of Natural Resos ces 6 Cartnunity Developrent SEC 51988 Land Quality Section 512 N. Salisbury St. Raleigh, NC 27611 �� �. ry',p111Y SEC11�N L _J Bond No. — Pri ncipa I—Whitfield_Enterprises.,_Inc.- On the 28th day of J_tlne _, 19 88, THE TRAVELERS INDEMNITY COMPANY, as Surety, executed alnl-Min=ng bond in the penalty of_Five_Thc &and_and_No%100-- - - - - - Dollars 1$_5-,000_00 - - - 1,on behalf of_Whitt ieirl Fnterprises.,_1nc. _ of DUdley,_NC cs Principal, in favor of_NC_Dept,—Df—Nat'ral Rnso=cC —& Corm. , as Obligee.The bond,by its terms,provides that the Surety may terminate its liability by giving notice of its election Dev. to do so to the Obligee. In accordance with the terms of the bond we hereby elect to terminate our liability and shall, as of the-4th day of_Febnrar , 19.89-consider ourselves released from all liability by reason of any default committed thereafter by the Principal. Below is an Acknowledgement which we would appreciate your signing and returning. THE T RAVELERS INDEMNITY COMPANY "Tol1n./E. Estes, Jr. Attorney-in-Fact �- ;8s - - A4:: a49� Movember 29, 1988 TO: Don Jones FROM: Charles Gardner CJK-YW SUBJECT: Whitfield Enterprises - Whitfield Hwy. 55 Fast Mine $5 000.00 Sure Bond Please release the above referenced surety so I may return it to its owner as he has posted a $25,000.00 Blanket Bond to cover all of his currently permitted mining operations. Thank you. Release] � Date: a_ -$ Received by: Date: �CQ-�� OG:TED:se Y ' Ito State of North Carolina Department of Natural Resources and Community Development Division of land Resources 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor June 30, 1988 Stephen G. Conrad S. Thomas Rhodes, Secretary Director MMEMRANDUM TO: Don Jones FROM: Charles Gardner SUBJECT: Whitfield Enterprises - Whitfield Hwy. 55 East Mine Surety Bond - The Travelers Indemnity Conpany The attached ctarpleted surety bond is hereby transmitted to you for your safekeeping. Thank you. TEC/se Attacturent Received by: IL3 vQAr.a�vzdv L' Date: I - 'd Released by: / crk t 6� A ,C / J Date: ' O-i}7{ Please return the above referred surety. Released by:�p JCS!/.b I f-2-9-ep al?& (L Date: Received by: Date: RO Box 27"7,, Ral:ye, Nnnh Camlina 27611-7W TeWwnc 91Y733-3833 An Equal Oprununiry Al irnnanuc Anion Ennpkry STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT Land Quality Section Bond Pursuant to "The Mining Act of 1971" (G. S. 74-46 through G. S. 74-68) KNOW ALL MEN BY THESE PRESENTS, That N11TTFIELD ENIT;RARISES, INC. a CORPORATION and having its principal office at ROUTE_ 3, BOX 24, I1)DLEY In the State of NORTH CAROLINA , as principal, and THE TRAVELERS INDT MIITY CCP1PANY a corporation organized under the laws of the State of MNWr.TT/71T and duly authorized by the Insurance Commissioner of North Carolina to do business in North Carolina, with an office located at 2115 RRXFORFI ROAM , in the City of CHARLOTTE, , North Carolina, as surety, are held and firmly bound unto the State of North Carolina in the sum of FIVE ITIOUSAND AND NO/100----- fd'S 000.0( _ I lawful money of the United States of America, to the payment of which well and truly to be made, we bind ourselves, our heirs, administrators and successors jointly and severally, firmly by these presents. Signed, sealed and delivered this 281T1 day of JUNE , 19 88 THE CONDITIONS OF THIS BOND ARE SUCH, That Whereas, the said . WHITFIELD ENTERPRISES, INC. conducts or will conduct mining operations in North Carolinu as described in the appli- cation for an operating permit which includes a Reclamation. Plan as provided in C. S. 74-53 and has obtained approval of this application on the 20)lTi day of JUNE 19 88 from the Department of Natural Resources and Community Development. NOW THEREFORE, if the said WHITFIELD ENTERPRISES. INC. _ shall comply with the requirements set forth in "The Mining Act of 1971" (G.S. 74-46 through 74-68) and with the rules and regulations adopted pursuant thereto and faithfully perform all obli- gations under his approved Reclamation Plan then this obligation Shall be null and void ; otherwise to be and remain in full force and effect until released by the Psg_ t of 2 I Department of Natural Resources and Community Development in accordance with G,S. 74-56 or cancelled by the surety. Cancellation by the surety shall be effectuated only upon 60 days written notice thereof, by certified mail, return receipt requested, to the Land Quality Section of the Department of Natural Resources and Community Development, or any successor agency or department, and to the operator as provided in G.S . 74-54 . ATTEST: 157-IIITSELD r;NT13RPRIS1iS INC. Secretary or Principal Assistant Secretary ( Attach ) ( Corporate Seal ) By (here of CcrporatiOnO RX/S. I%ITPIELD President, Vice i�sident, Partners, or Owner THE TRAVELERS INDaffgITY MPANY Surety Countersigned at NAT,FIM _ North Carolina Res dent Agge�nt of N.C. � . Agent and Attordey in Fact _. ARDIE UJPTUN ARDIF LUPTON, ATICRNEY IN PACT Page 2 Of 2 The Travelers Indemnity Company Hartford, Connecticut If o...:,:ry, saloon....of his lariat of unorney Is xvandable at (203) 277.7839, r�ullecf ruffs will be ;it,,prod. POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That "I'hIE TRAVELERS INDEMNITY COMPANY, it cnrpornion of the. State nr Connecticut, does hcrebv at ennadmm and appoint James M. Anderson, Ardie laupton, both of Raleigh, North Carolina and 611sanne Newberry of New Bern, North Carolina, EAM — its true and lawful Ntorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal or the Company theretq if a seal is required, bonds, undertakings, recogni inces, mnecnts of surety or other written Obligations in the nmure thereof, as follows: Any and all bonds, undertakings, recognizanoes, oonserifts of suety or other written obligations in the nature thereof — and to hind TIi6 TRAVELERS INDEMNITY COMPANY thereby, and all of the acts of said Atimacy(s)-in-Fact, pursuant to these presents, arc hereby ratified and confirmed. This appointment is made under and by authority of the following Resolutions adopted by the Board of Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the lid day of November, 1985 which Resolutions are now in full force and effect: Von n:n: '[*hat the (ariumar. rf the Hared_, the Pmldem, any Executive Vita Presidro, amy sent,, Vim Prrvident, any Vim Pmaden any Second Vim President, the Corporate Smrcary or any Department Smrnary may :^po' t rwiti-mfatt or agents with power and authority,as defined or limited in their respective powers of auotncy,for and n behalf of the Company to exetum and dchwo and affix the seal of the Company thercm, bonds, undertakings, recognizanees, consents of surety or other written obligations in tire nature thereof and any of said Officers may remove any such n m mm-imfact or agent and revoke the power and authoriy given to him. Van En: That any bond,undertaking,remignionee,consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board, the President,any Executive Vim President, any Senior Vim President,any Vice President or any Semad Vim Proudem and duly attested and sealed,if a war is required,by the Commute Secretary or any Department Sorstary or any Assinant Corporate Smourry or any Assistant Department Secretary, or shall Ise valid and binding upon the Company when duly teemed and scaled,if a seal is required,by a duly authorized attorney-im-feet or agent,pursuant to and within the if miss of the authority granted by his or her power of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the 1st day of November, 1985: Vo'Ico; That the signature of any olfictr autlmrnial by Red]O ions of this Board and the Company seal may be affixed by facsimile in any powerof attorney o special powerof attorney or certification of either given for the execution f any bond, undmuking, recognizanceother written obligation in thenature thereof,such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original ual of the Company,to be%slid and binding upen the Company with the same form and effect as though manually affixed. This poweir of attorney revokes that dated March 6, 1986 on behalf of James Mr Anderson, Ardie Lupton, Susanne A. Newberry, all of New Bern, North Carolina — IN WITNESS WHEREOC THE TRAVELERS INDEMNITY COMPANY has caused these presents m he signed by its proper officer and its corporate seal to be hereunto affixed this day of DeCeobr a 19 6 . THE TRAVELERS INDEMNITY COMPANY By W � StioClA ry, Surety State of Connecticut, County of Hartford—ss:On this llth day of Decem bw in the year 1986 before me personally came D. L. Banta to me known, who, being by me duly sworn, did depose and say: that he resides in the State of Connecticut; that he is Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY, the corporation described in and which exe- cuted the above instrument; that he signed his name thereto by the above quoted authority; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal, and that it was so affixed by authority of his office under the by-laws of said corporation. U' F 6rN�wYU N E;Q"9Dpp6 Notary Public cOtixEcttoos My commission expires April 1, 1988 CERTIFICATION 1, J. Dennis Lane, Assistant Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY, certify that the foregoing power of attorney, and the above quoted Resolutions of the Board of Directors of November I, 1985 have not been abridged or revoked and are now in full force and effect. . .Signed and Sealed at Hartford, Connecticut, this 287H day of (JUUNNE 1988 s V+o6,Npr /mil�/iNd 7 Yc-�-�-�-- tl NV.�'`a:. F >W 1 t SEAL O .? +roe Assistant Secretary, Surety g S-2242 (RA(:E)