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65-05_1_Redacted
E kZA NORTH CAROLINA _ Department of Environmental Quality STATE OF NORTH CAROLINA Department of Environment and Natural Resources RALEIGH CENTRAL Office FILE ACCESS RECORD SECTION LQS Mining Program DATE/TIME .3(3l1lln NAMES z REPRESENTING (Ja,,4e 1> oslrr`te3 Guidelines for Access: The staff of the Central Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following before signing the form. 1. Due to the large public demand for file access, we request that you call at least a day in advance.to schedule an appointment for file review so you can be accommodated. Appointments are scheduled between 9:00 a.m. and 3:00 p.m. Viewing time ends at 4:45 p.m. Anyone arriving.without an appointment may view the files to the extent that time and staff supervision are available. 2. You must specify files you want to review by mine name/permit no., as appropriate. The number of files that you may review at one appointment will be limited.to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is 2.5 cents for ALL copies if you make more than 25 copies—there.is no charge for 25 or less copies. Payment is to be made by check, money order, or cash in the administrative offices. 4. Files must be kept in the order you received them. Files may not be taken from the office. No briefcases, large totes etc. are permitted in the file review area. To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign-in, and receive a visitor sticker prior to reviewing files. MINEY NAME / PERMIT NO. COUNTY 1. 2. 3. 4. 5. � � � Signature/Name of Firm or Business. Date Time In Time Out Please attach business card to form if available i. r k � JUN p 9 2006 L.L! A:A FW If4l I= 4SAJIM JWIMAE fM&AjwMSq New Hanov4er C., cp Amty, North C., rcoff"" a t. SHEETINDEX ` { 1..... SAND MINE PLAN SU�ON tpKE RD 2..... RECLAMATION PLAN N _ NSMISSION UNE ` , o N SITE w 2 z _ N � tL w a SUTTON PLANT RD. 0 Coastal Land Design, PLLC Z RAILROAD Civil Engineering / Landscape Architecture / Construction Management P.O.Box 1172 Phone: 910-254-9333 Wilmington, NC 28402 Fax: 910-254-0502 LOCATION MAP NOT TO SCALE LOCATM MAP ISSUED FOR REVIEW NOT FOR CONSTRUCTION N UUFFER ATED BUFFERUNEXCAVATED I �4 �- UTILITY EASEMENT BUFFER BUFFER ocnnoN MAF 25 FT MIN. 25 FT MIN. � Noi io scAE 130' VARIES EARTH BERM 3BERMr25• 3:1L.EGEND L 5' HAUL ROAD—/ 40 FT DEPTH WATER SURFACE 7���'•1 7'���E± 35 FT AVG DEPTH R1:a,,,, 'a Vi:� 1 3:1 JUN 0 2"U'31v LAND Z�'J�J.ITi/�C?71�A11 BERM SECTION SECIII ON A- A NOT TO SCALE NOT TO SCALE N/F ARTERA SPECIALTIES A PERMITTED AREA BOUNDARY 1 $ 4285.38 's. N/F PRE E 8 RIVERFRONT COMPANY, LLC � " PLANT EARTHEN BERM y3r N/F EARTHEN BERM ROYMAC PARTNERSHIP HAUL ROAD POND DRAINAGE CULVERT EARTHEN BERM THRU BERM POND - * WATER TRUCK INTAKE STATION cf) STOCKPILE RECLAIMED (1995) POND =1 z CK ILE WOODWASTE D POND TREATMENT AND �= D n N/F PROCESSING BUENA VISTA SUN, LLC FACILITY POND N (2.0 AC) 5 9" W REV. REV.BY as.86'.aa' # DESCRIPTION DATE 21&99 REVISIONS N/F A. D . ROYAL RIVERFRONT COMPANY, LLC j� � EARTHEN BERM SAND DREDGE MI E POND EARTHEN BERM 100 o So 100 2a9 300 N/F WASTE INDUSTRIES, INC. DRAINAGE BERMULVERT 2e0.99 BAR SCALE 1"=200' THRU PERMITTED AREA BOUNDARY POND `N. "sna• sURVMD PERMITTED AREA = AFFECTED AREA 6'p- �"f 01-02-95 �C �e• � EARTHEN BERM C RIVERFRONTNCOMPANY, LLC A 3 N/F „ RECLAIMED (1995) ,ry, '�' N/FJ.D. EDWARDS INVESTMENTS, LLC "�32Y8E!l POND y.' N.C. COASTAL LAND TRUST 3 N 5T9'29" E F 80.00' .02.. W 39.7"'�" W ACREAGE DATA — PERMIT #65= 05 (A. D. ROYAL PIT) 1�293' CONCRETE AND ' S 23'S9 47 O ' N 3110'30" W >�,�. ' ASPHALT S 29 SOB W y RECYCLING AREA CATEGORY EXISTING ADDITIONAL TOTAL f ryq 6 sf CAPE FEAR PAVING z' -PERM!TT9 REA C 0 ACE- ADMINISTRATION AFFECTED AREA 81 .0 AC 0 AC 81 .0 AC MINE OFFICE and y TRUCK SCALES w. f N/F >^ N.C. COASTAL LAND TRUST ""°P NOTES: CATEGORY EXISTING ADDITIONAL TOTAL y" 1 . SURVEY DATA OBTAINED FROM SURVEY AFFECTED AFFECTED AFFECTED BY SHERWIN D.CRIBB, RLS AND FILE ACREAGE ACREAGE ACREAGE DOCUMENTS. AREAS ARE REPRESENTATIVE DRAWN : F.BRAxroN PROJECT 750-00 AND HAVE NOT BEEN FIELD SURVEYED. TAILINGS 1.2 AG 0 1 .2 AC DESIGN : F.BRAXTON NUMBER CHECK : SCALE : 1"=200' m 6;ry� 2. SURVEYED AREA IS NOT LOCATED WITHIN A SEDIMENT PONDS 0 0 0 APPROVED . DATE : DEC 2005 ry� y FLOOD HAZARD AREA ACCORDING TO THE STOCKPILES 2.0 AC 0 2.0 AC FILE NAME 2 FLOOD INSURANCE RATE MAP FOR NEW HANOVER COUNTY, NC. (COMMUNITY PANEL NO. WASTE PILES 0 0 0 9j• 3701680040D, REV 4/15/84) PROCESSING AREA A. D. ROYAL PIT •Z � 41"wh W - o and HAUL ROADS 14.93 AC 0 14.93 AC SAND MINE PLAN w MINE EXCAVATION 62.87 AC 0 62.87 AC OTHER" 0 0 0 N/F N.C. COASTAL LAND TRUST TOTAL 81 .0 AC 0 81 .0 AC "WOOD TREATMENT & PROCESSING FACILITY IS EXCLUDED FROM THE SAND MINE PLAN THE PERMITTED AREA AND THE AFFECTED AREA. WILMINGTON, NC 10 JOB NUMBER SHEET NUMBER 750- 00 1 N X*%lsffz w k� 991ax nxlr 99 b FE 9 n UNEXCAVATED BUFFER 25 FT VATED I �4,� UTILITY EASEMENT 25 FT MIN. BUFFER LocATON MAF 13D' 25 FT MIN. R NOT TO SCALE VARIES EARTH BERM EARTH BERM r25' 10 LEGEND3:7 5' MAINTENANCE ACCESS)/ 40 FT DEPTH WATER SURFACE 35 FT AVG DEPTH t 3.1 BERM SECTION SECTION A- A NOT TO SCALE NOT TO SCALE N/F ARTERA SPECIALTIES fl No 1� PERMITTED AREA BOUNDARY � —,,,,. s m "'V�J 428536• a a N/F RIVERFRONT COMPANY, LLC DREDf�E \ PLANT EARTHEN BERM � � m ROYMAC PARTNERSHIP HAUL ROAD EARTHEN BERM POND \ `DRAINAGE CULVERT EARTHEN BERM POND THRU BERM FUTURE WATER TRUCK F U T POND INTAKE STATION BUILDING NSTOCKPILE SITE RECLAIMED (1995) POND � m 0 CK ILE WOODWASTE 3 F U T U 0 N D POND REV. DESCRIPTION REV-BY TREATMENT W If DATE AND y REVISIONS PROCESSING x BUENA VISTA SUN, LLC FACILITY POND N (2.0 A C) S n'"148" W 85 88' p8.99 NRIVERFRONTCO A. D. ROYAL COMPANY, LLC �> SAND DREDGE MI E N EARTHEN BERM EARTHEN BERM 100 ° so 100 209 300 N/F FUTURE POND WASTE INDUSTRIES, INC. DRAINAGE CULVERT N 25089 BAR SCALE 1"=200 BUILDING THRU BERM POND PERMITTED AREA BOUNDARY �a.. SUED 000 SITE 01_02_95 PERMITTED AREA = AFFECTED AREA N Q EARTHEN BERM slS' RIVERFRONT COMPANY, LLC mw T 00 RECLAIMED (1995) �� N/F m 3>zj �' °p J.D. EDWARDS INVESTMENTS, LLC 9f5 f' „ N/F C!lPOND `0 N.C. COASTAL LAND TRUST zs e E y 3 N 01m, 8" E t O1.OB' N .3 '02"W60 O•p ry FUTURE o S 27.4722" W BUILDING �� 39.07' SITE S23164 O CONCRETE AND N 51W30 >�, �,; ASPHALT 385.82' 1M1y $ RECYCLING AREA S 29'32 08 W 4 ,p� 6 •,SA�J` CAPE FEAR PAVING y ADMINISTRATION MINE OFFICE and ; DRAWN : F.BRAXTON PROJECT TRUCK SCALES �: Aso—oo DESIGN : F.BRAXTON NUMBER N/F s�", CHECK : SCALE : 1"=200' N.C. COASTAL LAND TRUST "� NOTES: APPROVED : DATE : DEC 2005 M1 y 1 . SURVEY DATA OBTAINED FROM SURVEY FILE NAME : BY SHERWIN D.CRIBB, RLS AND FILE am DOCUMENTS. AREAS ARE REPRESENTATIVE AND HAVE NOT BEEN FIELD SURVEYED. 2. SURVEYED AREA IS NOT LOCATED WITHIN A A. D. ROYAL PIT FLOOD HAZARD AREA ACCORDING TO THE RECLAMATION PLAN 2 y FLOOD INSURANCE RATE MAP FOR NEW HANOVER COUNTY, NC. (COMMUNITY PANEL NO. 3701680040D, REV 4/15/84) fz Boo} ya�a� w w RECLAMATION PLAN WILMINGTON, NC N/F N.C. COASTAL LAND TRUST JOB NUMBER SHEET NUMBER 750- 00 2 MINING ROUTING SLIP JUDY W. KRISTIN H. (FED /✓ (� MELL N. JIM S. COMMENTS: North Carolina Department of Environment and Natural Resources, -Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME fI D Qova/ A,'4 2. MINING PERMIT # & 5�- O S 3. OPERATOR k':rtr!�. cvL dbpw.Y.. ,fo,. 04i,.;aik4"COUNTY New 5. ADDRESS Po 3'. a-nq • w,l..,, Nc a sti6 a 6. PERMIT EXPIRATION DATE tz/iq /oC- 7. RIVER BASIN 8. Person(s) contacted at site boa ,.,.c t2eq;,-6. - 9. Was mine operating at time of inspection? ZYes ❑ No 10. Pictures? ❑ Yes l"No 11. Date last inspected: /2 / Oq / oy 12. Any mining since last inspection? ❑ Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? 01"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 )2 No If yes, describe the type and severity of the damage: ' 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: dY) r,1r! t u ,<<,41. realo:,..,,,..,, </nrrs n'A Ao.s tt Gv, N eh r{. Mt•t w f �../.. „n;r 2L+[1 /tdni u„� !1 r/.Class "Jrx-r,.«;7 +� nL./o,1 s f! f/fn i.a r,'T:oq c.t9l r/�:ic 18. Is the Annual Reclamation Report +/-map accurate? OYes ❑ 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 / /ati /06 / (date) INSPECTED BY: Sr �c.q lee- Sao cloo DATE / /zo /04 Telephone No: ( I lu ) 796 -7 3a White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 :QL,,Pi 5 255 L ";CCTlO,ti' State of North Carolina Department of Environment ��► and Natural Resources Wilmington Regional Office �C®G�� Division of Land Resources NMr„ oEP.P,PE„,O. GrvriPO„mLnl a„p NnluPc�l]ESOun[ES Land Quality Section Michael F. Easley, Governor William G. Ross Jr., Secretary January 20, 2005 Keith Stark FJAN ECEIVED Rivcrfront Wilmington Material 2 4 2005P O Box 209 Wilmington, NC28402 "' TYg-CT!ur4^ Re: permit No. 65-05 A D Royal pit New Hanover County Cape Pear River Basin Dear Keith Stark: According to our records, the mining permit for the above referenced mine will expire on December 14, 2005. GS 74-52 provides that the permit may be renewed at any time during the two years prior to its expiration. The procedure to be followed and standards to be applied in renewing a permit shall be the same as those for issuing a permit. To apply for permit renewal, you must complete Item Nos. 1-5 of the enclosed Renewal of Mining permit Checklist (revised 1 1/2001). Also enclosed is one copy of the mining permit application form for your use. Please be sure to indicate any changes in the mining and/or reclamation plan. Four (4) copies of all requested information must be forwarded to the Land Quality Section's Central Office at the address located on the cover of the application form. All permits for unreclaimed sites should be renewed. If it is your intent to reclaim and release this site, the renewal will not be necessary. If this is the case, no further mining should be conducted and reclamation should begin immediately. It is further requested that you notify this office in writing of your intent to reclaim and release the site. It is recommended that you submit the above information for renewal of your mining permit at least 90 days prior to the permit's expiration date in order to allow the Department enough time to complete its review of your request before the permit expires. If you allow the permit to expire before submitting a request for renewal as per the above Checklist, you must immediately cease mining on and after the expiration date and complete reclamation of the site. Mining without a permit is subject to a $5,000 per day civil penalty. After the expiration date, approval of a new mining permit application will be required before mining may continue. Thank you for your cooperation. 127 North Cardinal Drive,Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Page 2 of 2 Keith Stark AD Royal Mine January 20, 2005 Sincerely, Schuyler J. Snowdon Environmental Tech V Wilmington Regional Office Enclosures: Renewal of Mining Permit Checklist Mining Permit Application Form Fee Schedule Cc: Mr. Floyd R. Williams, PG, CPM State Mining Specialist 127 North Cardinal Drive,Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer IBEAM Mine Entry Screen Permit No.65-0S Issue date / Release date R ised date Permitted-acrea ed acrea 43ond-am6nnt Expiration da e Sta us Mine acreage screen (releases) Permitted acreage in new acres reclaimed (mine excavation category) sue. 1013 LA) 'l LLC . NC®ENR 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 William G. Ross Jr., Secretary August 10, 2006 Mr. Keith Stark Riverfront Company, LLC PO Box 209 Wilmington, NC 28402 RE: A.D. Royal Pit Permit No. 65-05 New Hanover County Cape Fear River Basin Dear Mr. Stark: 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 August 10 2016. 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. 1 B, 4D, 13, and Reclamation Condition No. 3. As a reminder, your permitted acreage and affected acreage for this site are both 81 acres, as indicated on the Sand Mine Plan dated December 2005 and received by the Land Quality Section on June 9, 2006. Please note that Irrevocable Standby Letter of Credit No. 4250091729/00004 issued by Branch Banking and Trust Company will remain on-file with this office since a portion of the total credit amount is still required for the Sutton Mine, Permit No. 65-19. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 / FAX: 919-715-8801 512 North Salisbury Street,Raleigh, North Carolina 27604 An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Mr. Stark A.D. Royal Pit Renewal #65-05 Page 2 Please review the renewed permit and contact Ms. Kristin Hicklin, Assistant State Mining Specialist, at (919) 733-4574 should you have any questions concerning this matter. Sincerely, Q Floyd R. Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRW/kh Enclosure: Renewed Permit No. 65-05 cc: Mr. Dan Sams, PE Ms. Shannon Deaton-WRC, w/enclosure Mr. Bradley Bennett-DWQ, w/enclosure Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosure Sutton Mine File No. 65-19 (cover letter) 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: Riverfront Company, LLC A. D. Royal Pit New Hanover County - Permit No. 65-05 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: August 10 2016 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S, 74-49. Modifications September 3, 1985: This permit has been transferred to Oak Ridge Sand Company, Inc. from Jerry Gore Sand and Gravel Company. December 16, 1985: This permit has been transferred from Oak Ridge Sand Company, Inc. to Wilmington Sand and Gravel Company. October 22, 1992: This permit has been modified to include approximately 19 acres expanding the permit boundaries as indicated on the attached mine map dated July 22, 1992. September 11, 1995: A partial release has been granted at this site, reducing the permitted and affected acreage to 10 acres. Page 3 December 14, 1995: This permit has been modified to increase the permitted and affected acreage to 83 acres as indicated on the mine map received by the Land Quality Section on September 7, 1995. In addition, the permit has been transferred in its entirety to Wilmington Materials, Inc. January 17, 2001: This permit has been transferred in its entirety from Wilmington Materials, Inc. to Riverfront Company, LLC d\b\a Wilmington Materials, Inc. Expiration Date This permit shall be effective from the date of its issuance until August 10, 2016. 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 15 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. Page 4 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. C. The recycling and processing facility are not considered part of the permitted or affected acreage of this permit. Said facility will be regulated under the Sedimentation Pollution Control Act until it is permanently stabilized. D. Mining activities shall occur as indicated on the Sand Mine Plan dated December 2005 and received by the Land Quality Section on June 9, 2006. 5. All mining permit boundaries (81 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. A. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. B. The berm along the northwestern permit boundary shall be constructed as indicated on the mine map dated July 22, 1992. 9. Sufficient buffer (minimum 10 foot unexcavated) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. Page 5 B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on-site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 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. A. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $75,000.00 bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. Page 6 B. This permit and corresponding reclamation bond shall cover the "sliver" of affected land located across the lake from the plant until said area is established with revegetation and released by the Department. The permit and bond shall not cover the recycling and processing facility outside as indicated in Operating Condition No. 4C. 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 7 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use.of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 8 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 following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15 - April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1 - July 31 , Common Bermuda 50 August 1 - October 25 Lespedeza (unscarified) 30 German millet 40 October 25 - February 15 Rye (grain- temporary) 120 Soil Amendments Lime: 2000 Ibs/acre or follow recommendations from a soil test. Fertilizer: 1000 Ibs/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 Ibs/acre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. Page 9 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 July 20, 1972 to Jerry Gore Sand and Gravel Company, transferred to Oak Sand Company, Inc. and renewed September 3, 1985, subsequently transferred to Wilmington Sand and Gravel Company, Inc. December 16, 1985, and modified, renewed and transferred to Wilmington Materials, Inc. December 14, 1995, transferred in its entirety to Riverfront Company, LLC d\b\a Wilmington Materials, Inc. January 17, 2001, is hereby renewed this 10`h day of August 2006 pursuant to G.S. 74-52. By: 7 Y James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources I NC®ENR 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 August 4, 2006 William G. Ross Jr., Secretary Certified Mail Return Receipt Requested 7003 0500 0002 0451 2133 _ Mr. John Smith Riverfront Company, LLC PO Box 209 Wilmington, NC 28402 RE: A.D. Royal Pit Permit No. 65-05 New Hanover County Cape Fear River Basin C, Dear Mr. Stark: 6 We have reviewed the renewal request submitted for the referenced mine site. However, the following information is needed to continue processing your application: Please fill out Pages 1 and 18 of the application in their entirety and return the originals to my attention. Please note the reason we need these pages resubmitted is because the recently received reclamation bond is in the name of "Riverfront Company LLC." Therefore, both Pages 1 and 18 must reflect this name. 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 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 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574/ 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 Mr. Smith Page 2 As required by 15A NCAC 56.0013, 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, Kristin Hicklin Assistant State Mining Specialist Land Quality Section Enclosures: Pages 1 and 18 of the application cc: Mr. Dan Sams, PE Page I of 1 North Carolina J Elaine F. Marshall DEPART M ANT 0 F '' HE "�\ �t �• ,�-° SecretarySECRETARY or- ,_iT TE PO Box 29622 Raleigh, NC 2762.6-0622 191911807-200:? Corporations Date: 7/27/2006 °Corporations Home Click here to: °Important Notice View Document Filings 1 'Corporations FAQprint 'pre-populated Annual Report Form I An Tobacco Manufacturers 'Dissolution Reports Report Count 1 File an Annual Report I 'Non-Profit Reports Corporation Names 'Verify Certification 'Online Annual Reports Name Name Type 'KBBE B2B Annual Reports NC RIVERFRONT Legal Links COMPANY, LLC NC REFERRAL REALTY Prev Legal *Secretary Of State Home SERVICES, LLC g 'Register for E-Procurement Limited Liability Company Information 'Dept. of Revenue Legislation SOSID: 0351064 '1999 Senate Bills Status: Current-Active '2001 Bill Summaries *Annual Reports 1997 Date Formed: 8/29/1994 *Corporations 1997 Citizenship: Domestic Search State of Inc.: NC 'By Corporate Name Duration: AUG 2019 'For New Corporation *By Registered Agent Registered Agent Online Orders *Start An Order Agent Name: Stark, James Keith *New Payment Procedures Registered Office 3612 Highway 421 North Contact Us Address: Wilmington NC 28401 'Corporations Division Registered Mailing PO Box 2101 *Secretary of State's web site Address: Wilmington NC 28402 Print Principal Office 3612 Highway 421 North *Printable Page Address: Wilmington NC 28401 Principal Mailing PO Box 2101 Address: Wilmington NC 28402 For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. llttp://www.secretary.state.nc.Lis/Corporations/Corp.aspx?Pitemld=4648778 7/27/2006 Title] Page 1 of The Cholesterol Connection by Sally Wadyka for MSN Health &Fitness Freelance There's no denying that a healthy diet is the first line of defense against rising cholesterol. "If you eat a predominantly plant-based diet—with lots of fruits and vegetables plus some fish—you are on the right track to keeping your cholesterol at a healthy level,"says Lisa Dorfman, a registered dietitian and spokeswoman for the American Dietetic Association.That said,certain so-called super-foods can actually help lower bad cholesterol and/or increase the good cholesterol. Ideally, you want to shoot for total cholesterol under 200, with LDL(the bad one) under 110 and HDL(the good one)greater than 35. Try to incorporate more of these foods into your daily diet: Almonds: Studies have found that eating just a quarter cup of almonds a day can lower your LDL by 4A percent, according to dietitian Leslie Bond,who is also the director of sports nutrition at University of Pittsburgh Medical Center. "Eating nuts, especially almonds,which are high in good-for-you monounsaturated fat, is better than simply eating a low-fat snack like pretzels,"says Bond. Of course, they can also be high in calories, so stick with a small serving and choose almonds that are dry roasted without oil. Oatmeal: You've seen the commercials with people proclaiming dramatic drops in their cholesterol numbers thanks to a daily serving of this hot cereal.Those great results are due to the high levels of soluble fiber found in oatmeal. "The soluble fiber binds to the bile acids that are the precursor to the development of cholesterol and help flush it out," explains Bond. It doesn't matter how you get your oats—those instant,just-add-water packets are just as good for you as traditional,slow-cooked versions. Fish: Omega-3 fatty_acids are widely considered to be the best of the"good"fats, and the best place to find them is in fish—especially fatty fishes like salmon, halibut and tuna.According to Dorfman of the ADA, you want to get 1.5 to 3 grams per day of omega-3. A 4-ounce piece of salmon will give you close to 3 grams, and you can also get these fatty acids from walnuts and flaxseed (two tablespoons of flaxseed provides 3.5 grams) and in fish oil supplements. Red wine: Not everything that's good for you has to feel virtuous. A glass of red wine, which contains flavanols, has been shown to have anti-inflammatory properties that may help lower cholesterol and stave off heart disease. But in this case, more is definitely not better. "For women, the recommendation is one drink a day and for men It's two,"says Bonci. More than that will, literally, dilute any potential benefits.These flavanols can also be found in red grape juice and dark cocoa. Soy: Soybeans, soy nuts and edamame, plus any products made from soy(like tofu, soymilk, etc.) can help to reduce the production of new cholesterol. A little can go a long way—aim for about 25 grams of soy protein a day(the amount in a cup of edamame). And those who are at an increased risk of breast or prostate cancer may want to skip it since too much of soy's phyto-estrogens can act similarly to the body's own estrogen (which has been shown to feed some hormone-dependent tumors). Now that you know the good stuff to add to your diet,try to reduce—or better yet,eliminate—these bad-for-you foods from your repertoire: Whole-milk dairy products: Saturated fat, which clogs arteries and increases LDL levels, is the No. 1 cholesterol- boosting culprit. And foods like ice cream and cheese are where you're likely to find them. Swap out the Ben &lerry's Chubby Hubby for a lower-fat frozen yogurt, and skip the brie in favor of something less rich, like a part-skim mozzarella. Processed meats: Bacon,sausage, liverwurst and the like are also wonderful sources of artery-clogging saturated fat. Look for lower-fat options, like bacon and sausage made from turkey and other lean protein sources. Fast-food fries: Even worse than saturated fats are the dreaded trans fats."You might as well take a gun and shoot yourself!"says Dorfman. The main source of trans fats are partially hydrogenated oils,and that's exactly what most fast-food restaurants are still using to cook their fries.Trans fats hit cholesterol with a double whammy—in addition to raising your LDL,they simultaneously lower your HDL. http://health.msn.com/print.aspx?cp-docLimentid=l 00140710 8/l/2006 Title] Page 2 of 2 Tropical oils: Palm kernel and coconut oils are two of the fattiest of oils-100 percent of the bad-for-you saturated variety. Don't use them when you cook at home, and try to avoid them when you eat out(most fast-food restaurants have eliminated them, but you can check their Web sites for detailed nutritional information). Use heart-healthy mono- and polyunsaturated fats, like olive, canola and safflower oil, instead. Baked goods: Many manufacturers of packaged cookies and cakes have eliminated trans fats from their recipes, but check the nutrition labels to be sure. But all baked goods—even those that are homemade—are high in saturated fats, thanks to the butter and shortening. Since no one wants to give up dessert completely, eat high-fat baked goods only occasionally, opting more often for low-fat sweets like sorbets. Find Out More About Cholesterol on MSN Health&Fitness: • How Does Exercise Lower Cholesterol? • Best Ways to Bump Up Your'Good'Cholesterol • Join the Discussion: Foods With 'Good'Cholesterol Sally Wadyka is a Sou/der, Colo.-based freelance writer who writes regularly for Shape, Runner's World, Real Simple and the New York Times. URL: http:Llhealth.msn.com/centers/cholesterol articlepage.aspx?cp_ documentid=100140710 littp://Iiealth.msn.com/print.aspx?cp-documentid=100140710 8/1/2006 i RIVERFRONT COMPANY, LLC P. O. BOX 209 WILMINGTON, NC 28402 (910) 763-4569 August 7,2006 RECEIVED Land Quality Section Division of Land Resources AUG 09 201P1 Department of Environment and Natural Resources 1612 Mail Service Center LAND QUALITY SECTION Raleigh,North Carolina 27699-1612 Attention: Kristin Hicklin Reference: A. D.Royal Pit Permit#65-05 New Hanover County Cape Fear River Basin Gentlemen: Enclosed please find the executed originals of Page 1 and Page 18 of our Application for a Mining Permit previously submitted for approval. We trust that this will allow you to complete our renewal request. Sincerely, A ONT COMPANY, LLC ith JDS/jds Enclosures CC—James Keith Stark NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine A. D. ROYAL PIT County NEW HANOVER River BasinCAPE FEAR Latitude (dd.mm.ss) Longitude (dd.mm.ss) 2. Name of Applicant* RIVERFRONT COMPANY LLC 3. Permanent address for receipt of official mail**P.O. BOX 209 WILMINGTON NC 28402 Telephone 910-763-4569 4. Mine Office Address 3612 HWY 421 NORTH,P.O. BOX 209 WILMINGTON,NC 28402 Telephone 910-763-4569 5. Mine Manager JOHN REGISTER We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully unde n t t any willful misrepresentation of facts will be cause for permit revocation. ***Signature Date Print Name KEI H STARK Title MEMBER 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 grantor 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- 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. LANDOWNE APPLICANT: Signature: AA Signature:* Print Name: Keith Stark Print Name: Keith Stark Address: P.O. Box 209 Title: Member Manager Wilmington,NC 28402 Company: Riverfront Company LLC Telephone: 910-763-4569 Mine Name: A.D. Royal Pit *Signature must be the same as the individual who signed Page 1 of this application. Six (6) copies of the completed application six (6) copies of all location mans mine maps 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 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. -18- NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources _La nd Quality Section James D. Simons, PG, PE Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary June 29, 2006 Certified Mail Return Receipt Requested 7003 0500 0002 0451 8500 Mr. Keith Stark Riverfront Company, LLC PO Box 209 Wilmington, NC 28402 RE: A.D. Royal Pit Permit No. 65-05 New Hanover County Cape Fear River Basin Dear Mr. Stark: The review has been completed on the renewal request submitted for the 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 prepared by Mr. Frank Braxton and received by the Land Quality Section on June 9, 2006. The reclamation bond for this site has been calculated to be $75,000.00. The calculation worksheet is enclosed for your review and the bond or balance ($19,200.00) will be required prior to approval of this renewal. 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., Riverfront Company LLC. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. Please be advised that the renewal request cannot be completed until the new bond amount has been received. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 / 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. Stark #65-05 Page Two II 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 request, please forward 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 Please contact me at (919) 733-4574 if you have any questions. Sincerely, Kristin Hicklin Assistant State Mining Specialist Land Quality Section Enclosures: Bond Forms Bond Calculation Worksheet cc: Mr. Dan Sams, PE 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 of the mining permit. Please insert the approximate acreage,for each aspect ofthe mininkoperation, that you intend to affect drain the ofthis miningpernnit(in addition please insert the appropriate reclamation cost/acre for each category from the Schedule of Reclamation Costs provided with this application form) OR you can defer to the Department to calculate your bond for you based upon your maps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: a Ac. X $ 5DO C-)D/Ac. _ $ logo .OT3 Stockpiles: a•Q Ac. X $ � qQ0 .QQ'Ac. _ $ (cQ0 .O� Wastepiles: Ac. X $ n /Ac. _ $ Processing Area/Haul Roads: 1r3 Ac. X $ Ac. Mine Mine Excavation: I Ac. X $ 5_-DD.CC�AC. _ $ Other: Q— Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: UI • b Ae. (TOTAL PERMITTED AC.: 1 - 0 Ac.) Temporary& Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage -- Ac. X $1,500.00 SUBTOTAL COST: $ lP 1 ��I . 0O Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life (1 to 10 years): 10 INFLATION COST: $ 1'al�o1 .12)0 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ qS 1 010 . �-30 Total Reclamation Bond Cost: $ rl 3,OGO • DO (round down to the nearest $100.00) o0oj�(oM.CO TLOC 6v - a1�L 14 �ayIDS QS ; �S�Ot O.� 19 a� .00 � �N Subject: AD Royal Pit 65-050 • From: Schuyler Snowdon <Schuyler.Snowdon@ncmai1.net> Date: Tue, 13 Jun 2006 13:30:50 -0400 To: Kristin Hicklin <Kristin.Hicklin@ncmail.net> Kristin, The revised maps for the pit/pond appear to be accurate . I do however think their paths for trucks is counterproductive and not well thought out but that ' s for them to deal with . Why on earth would trucks cross at the weigh station and travel on the wrong side of the road? Schuyler Schuyler Snowdon <Schuyler.Snowdon@ncmail.net> Environmental Tech V NCDENR-WIRO DIM-LQS _ . . -.. .r. ry •n. -.ae�+1V�'yTar.y Y� r�+YIY^"V�+`Muv^•^R�•`^P•+�i�-wr.rrwr+.r.m•annNrYM✓+sw�.��iW'.rp�y..*... .. ._...�.�n�wi'-.. MINING CHECKLIST FOR ROUTING Riv-tvIWN—A/ W,IWei0C4\-,� Applicant's Name: M"v-,j--s nn Project Name: N� P t Lu or- Applic!/P�er�mit No.: s County: OA,1 >Vl 6U-( Date Received:— Reviewer: i�YiS f� h. River Basin Name: C(ua f n n v ❑ New, ❑Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside perymit boundaries) ❑Transfer El Release ❑ Partial Release Q � ,Additional Information [IFee Needed: $ ❑ Fee Received: $ Please route entire application nackaac to: r U I P, C) Regional Office (2 complete conies; attach the "LQ5 Regional Office Mining Application Review Checklist" to one copy and attach bah the DWQ and DAQ "Mining Application Review Form"to the other copy; send both copies to the Regional Engineer) (P- Date: Routed (n- I1 Rec'd ❑ Division of Water Resources Date: Routed Rec'd ❑ NC Wildlife Resources Commission Date: Routed Rec'd ❑ U5 Fish & Wildlife 5ervice Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Please route first 3 pages of the application and any location maps to: ❑ Division of Parks & Recreation Date: Routed Rec'd ❑ NC Geological Survey Section Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) ❑Other: Date: Routed Rec'd **5uepen5e Date for Comments: 7' ° (no later than 25 days from receipt) 19Please note the following: n Coastal Land Desen, PLLC. v[,1 (tjjND ���0\/ED P. O. Box 1172 Wilmington, NC 28402 uN Q 2006 Phone: 910.254.9333 Fax: 910.254.0502 TransmitQUALITYSECTION To: Kristin Hicklin Date: 6/8/06 Land Quality Section File: 512 North Salisbury Street, 5 th Floor Subject: AD Royal Pit #65-05 Raleigh, NC 27604 Attn: ❑ As Requested ❑ For Your Files ❑ For Distribution ❑ For your Review/Action/Approval ❑ Sent via Mail ❑ Sent via Courier Quantity Drawing No. Description 2 Sets Revised Mine Plans REMARKS Kristin, The Wood Processing Area is permitted under a 2.0 AC. area limit. I have excluded this acreage from both the permitted and affected areas and revised chart to reflect same. CC: Coastal 'Land Design, PLLC.. Signed 'fy4e L 1'5VakTC n Transmittal-CLD.doc _._T_— ,...-..... - -r.narJ..wI�Y�^a""^..^o"""."".^..e^^prarKc:RrYA1�R'f6cA%" ^`_.�---•.— ,.. MINING CHECKLIST FOR ROUTING Applicant's Name: NAr,A4 Project Name: A- ll PaPa pt.(, CaS— OS II / Applic./Permit No.: county: K61 Ht>, VArtyDate Received: �, �l i Reviewer: Vv i ,S �- f L C nn.River Basin Name: o(1 � FQQ� ❑ New ❑ Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑Transfer ❑ Release ❑ Partial Release ��A,dditional Information ❑ Fee Needed: $ ❑ Fee Received: $ T Please route entire application package to: i K V Regional Office (2 complete copies;attach the "LQ5 Regional Office Mining Application Review Checklist"to one copy and attach both the DWQ and DAQ "Mining Application Review Form"to the other copy; send both copies to the K gional Engineer) Date: Routed q-17b ,iAOec'd ❑ Division of Water Resources Date: Routed Rec'd ❑ NC Wildlife Resources Commission Date: Routed 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 3 pages of the application and any location maps to: ❑ Division of Parks & Recreation Date: Routed Rec'd ❑ NC Geological 5urvey 5ection Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) ❑ Other: Date: Routed Rec'd "Suopen5e Date for Comments: 5'� ��`f' (no later than 25 days from receipt) ❑ P((lease note the (following: / p i Coastal Land Design, P LC---�- P. O. Box 1172 Wilmington, NC 28402 R�;.C � !r ►! Phone: 910.254.9333 Fax: 910.254.0502 LA March 3, 2006 Ms. Kristin Hicklin Assistant State Mining Specialist Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 RE: A.D. ROYAL PIT (PERMIT # 65-05) REVISED DATA Dear Ms. Hicklin: I am responding to your request to revise the previously submitted Mine Map to include additional permitted and affected areas. I have adjusted the plan to reflect the inclusion of the mine office, truck scales and access road to a state maintained road. I included the Wood waste Treatment and Processing area within the permitted boundary, but did not include this acreage in the affected area since it is not functioning as part of the mine operation. If you feel this area needs to be included within the affected area, I will revise the plans to reflect this change. As always your assistance with this project is greatly appreciated and please call me if you have questions or desire additional information. Sincerely, Frank Braxton / a p- Coastal Land Design LJd1AQ& {rW 44" Sk 5-17-c� � 1. 3oPw� 4 �- k#s I) Ji^J 4 n mi �Qw c� I� ��' art, '�> ���,�.�iv�q o� 6Y✓��.4CX. cS�DC <$7�c.�i � del . 02/01/2006 04:24 910350 8 NCDENR • PAGE 01 , Post-it Fax Note 7677 Date .1 i pegev0 sekm IV ° ut of Environment and Natural Resources, Cn.iAcoi. $ Co. L Frronen � Pnonea . Resources, Land Quality Section 9C0- 1AjBPECTION REPORT F� " Rt 5 -7t s -486 t Fax N t,x RMITTED MINE) 1. MINE NAME A &vF/ T>•-( 2. MINING PERMIT # 3. OPERATOR 6. "C- AP, • aw*:ca. 0W-"uo,, 'COUNTY New iwa/ 5. ADDRESS _ Po &t "! Iy'(a,t/VG a H to a 6. PERMIT EXPIRATION DATE Iz/eM /oS 7. RIVER BASIN atz F--n-r 8. Person(s) contacted at site JaAw c" 9. Was mine operating at time of inspection? ,2rYes ❑ No 10. Pictures? ❑ Yes ,ENO 11. Date last inspected: M / Oq / oY 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: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? X Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes P—rNo Tf yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: O tom c .cnalarrao:» S/e 3'.g 1.8. Is the Annual Reclamation Report +/-map accurate? O Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes X No Proposed date 20. No. of additional pages of Inspection Report_ 21. Copy of Report sent to operator / /ay /ob (date) INSPECTED BY: S L Ic/ Si.a 1�0�7 L, C DATE 1 /zQ /6F. Telephone No: ( Zw ) 799 `7314 White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 02/01/2006 04:24 910350W NCDENR e PAGE 02 MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF AIR QUALITY Project/Number.-A1) TOW& P, •L 65- ()S County: I &1� Please return comments back to: Comments due by: Will the operation, as proposed, violate standards of air quality? (V 0 Comments: i S Ce I a S Mn r'e no G r os e r CLe Oears TVe cn Si YES NO Air permit required >/ Air permit existing V11 Permit# 5- yy Q06 ) Other Comments: Reviewed by: Date: �� 6 Print Name: (:�R r Veda/ 0912005 Central Offlw Revim 02/01/2006 04:24 91035ow NCDENR • PAGE 03 MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF WATER QUALITY Project/Number:Ft u_ 6y4U?L p� k m4 & 5T 05� County: nper Please return comments back to: Comments due by: / Will the operation, as proposed, violate standards of water quality? Comments: QPA/I( �V &AF4E AND D/�rML/T4 �/7 ViS/7 /uDIGrTE Nc !✓&r�ANDt 1�f 7wE ^Si'fe - �E,e.(e+r�E Ne WhZ¢.OKD a/S7dRdA�/CES AICE '*X11O DC-W4-rV+ A44 /s P�ovoSe�� HowC-� - /F TH�F R(t� AHY Di r(Jr ES�Du y-e�7 S 6koy/,v67 fsr2nw4 �t�W9Ss /�G O S/7��/4 PGtQ.tuT 6(p6L 8s /!�(awRG� Watershed/Stream Name & Classification: / irz/Xas / efow ASwa '01-eT2 60 N-(Sz.S� YES du'5 �/ Sw NO NPDES permit required NPDES permit existing (Permit# ) Nondischarge permit required r Nondischarge permit existing (Permit# ) Wetlands disturbed _ GI 401 Wetland Cert. required _ E ' 401 Wetland Cent. existing (Permit# Reviewed by: Date: 112 6 Print Name: 09/2005 Central Office ReWewer. 02/01/2006 04:24 91035048 NCDENR 0 PAGE 04 LAND QUALITY SECTION REGIONAL OFFICE MINING APPLICATION REVIEW CHECKLIST-7JW2001 APPLICATION/PERMIT NO.: G�—OS ACTION: New Modification ewal Transfer Release APPLICANT NAME: A Uy.t�m* (miotL, MINE NAME: COUNTY: L,3 Administrative Issues: A. Is the site currently under NOV? Yes(p Explain: B. Is the site under CAMA jurisdiction? Yes Q Explain: Field Issues: A. Are potential wetlands and watercourses properly indicated on the Mine Map. Ye No Explain: KOPP- B. Are the proposed buffer zones adequate. es No Explain: C. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated. Yes No Explain: wow D. Do all water supply wells within 500 feet of the mine excavation appear to be indicated?Q No Explain: 6 ,e— E. Is visual screening needed? Ye No xplain: F. Are the proposed erosion and sedimentation control measures properly located to prevent offsite sedimentation? es No Explain: G. Is the proposed revegetationlreclamation plan acceptable?0 No Explain: Date inspected: © 6 Erosion and Sedimentation Control Plan Review: It is the responsibility of the Regional Office staff to verify the adequacy of� the E&S measures. Please provide any concerns or comments: PIQ� ✓ anar�oSrpC� do Can�/)y'd aC Other Comments: / 5 ME Gin QJ rev "Cvj Si7e— (ak' 224 i h ?dVi iG Who was the application routed to and when?: Division of Air Quality: Qeo,,. Aej Date: Z-1-0(, Division of Water Quality (Water Quality Section only): VM u, _Date: (/arx/e g Other: Date: Inspector/Reviewer's Name: Date: / 4, Regional Engineer's Name: Date: 2 i e ARA NC®ENR 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 January 17, 2006 William G. Ross Jr., Secretary Certified Mail Return Receipt Requested 7003 0500 0002 0451 3581 Mr. Keith Stark Riverfront Company, LLC PO Box 209 Wilmington, NC 28402 RE: A.D. Royal Pit Permit No. 65-05 New Hanover County Cape Fear River Basin Dear Mr. Stark: We have reviewed the renewal request submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. Please revise the mine map with a new permitted/affected acreage boundary. The permitted/affected acreage boundary must encompass the treatment and processing facility, the mine office and truck scales, the haul road to its junction with a state maintained road, mine excavation area(s), buffer areas, and any other affected acreage associated with mining activities on-site. 2. Please recalculate the affected acreage chart (page 5, attached) with the new acreage totals based on the revised mine map. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 1 10%Post Consumer Paper Mr. Stark Page 2 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 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, KFistin Hicklin Assistant State Mining Specialist Land Quality Section Enclosure cc: Mr. Dan Sams, PE SENDER: C'OMPLEtE THIS SECTION COMPLETE THIS SECTION ON DEIdVERY ■ Complete items`1,2,and 3.Also complete A. Signature p,/' item 4 if Restricted Delivery is desired. Ksent ■ Print your name and address on the reverse x ❑Addressee so that we can return the card to you. B. Recei�by(Pnnted N ) C. Date of Delivery ■ Attach this card to the back of the mailpiece, r ;, L a or on the front it space permits. G . Is delivery add dRF.—m from Rem 1 ❑Y s 1. Article Addressed to: If YES,enter delivery address below: ❑ No �AeYi MRiiKEITH STARK RIVERFRONT COMPANY LLC PO BOX 209 3. rice Type WILMINGTON NC 28402 Certified Mail Express Mail ❑Registered Return Receipt for Merchandise ❑ Insured Mail C.O.D. 4. Restricted Delivery!(Extra Fee) ❑Ves -2. Article Number (Tansfefomsevicefabeq ; ; ; , 7,003. 0500 0002 0451 3581 PS Form 3811,August 2001 Do estic Return Receipt 102595-02 4-1640 UNITED STATES POSTAL SERVI®��' n ✓ - • Sender: Please pririLourinM) , address,ead-ZiP+-4- this-box'' — DENR�DMSION OF LAND RESOURCES LAND QUALITY SECTION 1612 MAIL SERVICE E C NTER RALEIGH NC 27699-1612 r i • • NC®ENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary John Morris, Director January 10, 2006 RECEIVE® JAN . 1. 2006 MEMORANDUM LAND QUHII1:1's Pi;rloN TO: Brenda Harris Mining Program Secretary Land Quality Section FROM: Blake Rouse Ground Water Management Section Division of Water Resources SUBJECT: Comments on the Mining Permit Renewal Request for: Riverfront/Wilmington Materials AD Royal Pit . New Hanover County Please find attached a copy of the mining permit renewal request for the above referenced project. The AD Royal Pit Site located in New Hanover County'should,not haye.an-undulyadverse.effect on ground-watersupplies Any water withdrawal will be subject to North Carolina General Statute 143-215.22H; Registration of Water Withdrawals and Transfers Required. Any person who withdraws in one day 100,000 gallons (70 gpm) or more of surface water or ground water in North Carolina is required to register the withdrawal with the Division of Water Resources. A Central Coastal Plain Capacity Use Area 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, Edgecombe, Greene,Jones, Lenoir, Martin,Onslow, Pamlico, Pitt, Washington, Wayne, or Wilson County. If you have further questions please contact the Division of Water Resources at (919) 733-4064 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-161 1. One 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 NOrthCar011na Phone: 919-733-40641 FAX: 919-733-35581 Internet: www.ncwater.org a'Jatura & / t r NC®ENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., Director William G. Ross Jr., Secretary MEMORANDUM RECEIVED TO: Brenda M. Harris JAN 10 20nF Mining Program Acting Secretary LAND QLIALITYSECrtON Land Quality Section FROM: Mike Street DATE: January 6, 2006 SUBJECT: Renewal for Rive rfront/Wilmington Materials AD Royal Pit New Hanover County Attached is the Divisions' reply for the above referenced project. If you have any questions, please do not hesitate to contact me. Ms/svv 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 NorthCarolina Phone: 252 726-7021 \FAX: 252 727-5127\ Internet: www.ncdmf.net orthi Cronin An Equal opportunity/Affirmative Action Employer—50%Recycled\10%post Consumer Paper NC®ENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., Director William G. Ross Jr., Secretary December 20, 2005 MEMORANDUM TO: Fritz Rohde Biologist/ DMF FROM: Mike Street Habitat Protection Section Division of Marine Fisheries SUBJECT: Mining Permit APPLICANT: Renewal for Riverfront/Wilmington Materials PROJ. LOCATION: AD Royal Pit/ New Hanover County DUE DATE: 1-6-06 Please indicate below your position or viewpoint on the proposed project and return this form to Habitat Protection Section, Morehead City. If you have any questions regarding the proposed project, please contact Tracy E. Davis, State Mining Specialist, Division of Land Resources / Land Quality Section at (919) 733-4574. REPLY: " This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See Attached. This agency objects to the project for reasons described in the attached comments. SIGNED: DATE: 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 One Phone: 252 726-7021 \FAX: 252 727-5127\ Internet: www.ncdmf.net NorthCarofiiJna An Equal Opportunity/Affirmative Action Employer—50%Recycled\10%post Consumer Paper Naturall/ i • • RECE wD JAN eg 2006 LARip CU,1L1 i'SECTION ® North Carolina Wildlife Resources Commission 9 Richard B. Hamilton, Executive Director MEMORANDUM TO: Brenda M. Harris Land Quality Section NCDLR {� FROM: Steven H. Everhart, PhD 4:67A 1 — Southeastern Permit Coordinator Habitat Conservation Program DATE: January 5,2006 SUBJECT: Application to Renew Mining Permit#65-05 for Wilmington Materials—AD Cameron Pit—New Hanover County Biologists with the North Carolina Wildlife Resources Commission (NCWRC)have reviewed the subject application for impacts to wildlife and fishery resources. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act(48 Stat.401,as amended; 16 U.S.C.661 et.seq.),and the North Carolina Mining Act of 1971 (as amended, 1982: G.S. 74-76 et seq., 15 NCAC 5). The applicant is requesting authorization to renew permit#65-05 for the purpose of mining sand from 83.0 acres located approximately 0.2 mile west of the Northeast Cape Fear River,off US 421 in New Hanover County. Expected mine depth is 40 feet as measured from the haul road level with an average depth of 35 feet. The applicant states that a 25 foot buffer will be maintained around the 83 acres and that no wetlands are in the area to be disturbed. Final reclamation will result in a lake left for aesthetic/fire control purposes that is not to be stocked. Slopes of 3:1 will be maintained around the pit and these are to be planted with a mixture consisting primarily of fescues and lespedeza. This Swamp Forest community type occurring adjacent to this area has been identified by the Natural Heritage Program(NtIP)as a Significant Natural Community Type. The Swamp Forest Wetlands that occur between the area to be disturbed and the river(Cape Fear River Floodplain Swamp Forest)provides valuable wildlife habitat and water quality functions. We have the following concerns regarding the proposed project: • The applicant proposes to stabilize the disturbed portions of the site with non-native species. We recommend the use of a more locally native species such as switchgrass(Panicum virgatum). Also, we recommend shrub species such as wax myrtle(Myrica cerifera),silverling(Baccharis ha/imifoiia),and/or marsh elder(Na fruiescens) for stabilization around the pond's edge. The use of these species will provide food and cover for wildlife not afforded by grasses typically used for stabilization. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh,NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Wilmington Materials—ADloyal Pit 2 Is January 5,2006 • There has not been a wetland delineation done and the area surrounding the area to be disturbed is said to be wetlands. The possibility exists that wetlands may be impacted;therefore,we recommend that a wetlands delineation be performed and specific erosion control measures be developed for the site. Further, we recommend that all wetlands on the 83 acre site be preserved permanently through conservation easement to protect them from degradation. • We recommend a 100 ft native forested buffer be maintained or created on both sides of perennial streams and one of 50 ft on each side of intermittent streams. The NCWRC does not object to the issuance of the mining permit for this project,provided that our recommendations are included as conditions of the permit. Thank you for the opportunity to review and comment on this application. If you have any questions or require additional information regarding these comments, please call me at(910)796-7436. cc: Noelle Lutheran,NCDWQ Dec 19 2005 3: 43PM HPJASERJET FAX r�._� p. 2 APPLICATION FOR A MINING a�PERINIIT 6 s 0 20115 UALITY SECTION 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 ma},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. LANDOWNE APPLICANT: / Signature: Signature:* - Print Name: Keith Stark Print Name: Keith Stark Address: P.O. Box 209 Title: Manager Wilmington, NC 28402 Company: Wilmington Materials,Inc. Telephone: 910-763-4569 Mine Name: A.D.Royal Pit *Signature must be the same as the individual who signed Page 1 of this;application. Six copies of the completed application six(61 comes of all location maps mine maps and reclamation maps,and t e 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 Natukal 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. -18- i MINING CHECKLIST FOR ROUTING v`j'S Applicant's Name: +VCY �t�v.� l��lW RNA �'rroject Name: A ' J � Os I Applic./Permit �o.: County: k0h) dayl(lftVate Received: Ia- 13— QS Reviewer: U r ILk V1 River Basin Name: l n cv ke GeV . . t &IF14 ❑ New newal ❑ Modification (inside permit boundaries) ' ❑ Modification (outside permit boundaries) ❑Transfer ❑ Release ❑ Partial Release ❑ Additional Information ❑ Fee Needed: $ Fee Received: $_SDD 8p /Flea9c route entire application packaQee to: \0 R D Regional Office (2 complete copies; attach the "LQ5 Regional Office Mining Application Review Checklist"to one copy and attach pQ the DWQ and,0AQ "Mining Application Review Form"to the other copy; send both copies to the Pegional Engineer) Date: Routed /j bkc jr.S,Rec'd 19,Division of Water Resources Date: Routed Reed NC Wildlife Resources Commission Date: Routed 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 paQes of the application and any location maps to: ❑ Division of Parks & Recreation Date: Routed Rec'd ❑ NC Geological Survey 5ection Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications)1 Other: �Itfttf%)\1 r-k�h0VIe Date: Routed Rec'd **cJ' uoperl5e Date for Col? ment5: (no later than 25 days from receipt) J_-,� . qI43 NPlease note the following: ( N QtQkV y06111 ) 0-0 I1Atoin CS . • T • r NC®ENR 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 16, 2005 William G. Ross Jr., Secretary MEMORANDUM TO: Dr. Steve Everhart Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris 16 10 Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Riverfront/Wilmington Materials AD Royal Pit New Hanover 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 January 6, 2006 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 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 December 16, 2005 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris/ °0 Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Riverfront/Wilmington Materials AD Royal Pit New Hanover 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 wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by January 6, 2006 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 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. Kristin Hicklin at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 / 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 December 16, 2005 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Mike Street, Chief Habitat Protection Section Division of Marine Fisheries FROM: Brenda M. Harris /&A - Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Riverfront/Wilmington Materials AD Royal Pit New Hanover 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 January 6, 2006 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 marine fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. 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Box 1172 Wilmington, NC 28402 Phone: 910.254.9333 Fax: 910.254.0502 Transmittal To: Kristin Hicklin Date: 12/12/05 Assistant State Mining Specialist File: NCDENR Subject: AD ROYAL PIT #65-05 Attn: ❑ As Requested ❑ For Your Files ❑ For Distribution El Sent via Mail For your Review Action Approval ❑ Sent via Courier Quantity Drawing No. Description 1 Application for Renewal 1 Application Fee ($500) 6 Quad Sheets 6 Highway Maps 6 Plan Sets 1 Request Letter REMARKS 1J L UJ I CC: I LAn'D OU. LI T Y SEC T IC Coastal Land Design, PLLC. Signed 1'4 n r Transmittal-CLD.doc DEC I 051 LDEC 13 zao5 I TOTAL . 500 .00 .00 moo_. WILdE INCTON MATERIALS December 12,2005 2005 LgnID(IU;SIN SCCTION NCDENR—Land Quality Section 1612 Mail Service Center Raleigh,NC 27699-1612 RE: A. D. ROYAL PIT—MINE RENEWAL—PERMIT NO. 65-05 Dear Sir or Madam: In accordance with the North Carolina Mining Act, I am requesting the RENEWAL of the above referenced Mining Permit for a period of ten(10)years. The existing mine has been in operation since 1972 and the continued operation will be in accordance with the approved permit. In accordance with the Renewal Requirements,the following information addresses the 7 denial criteria listed under G.S.74-51. I. The proposed continued operation will be in accordance with the existing permit and will not violate rules contained in the NC Mining Act. 2. The continued operation will not adversely impact potable groundwater supplies or surface waters. 3. The continued operation will not violate the existing standards related to air quality,surface water or groundwater quality. 4. Due to the location,the continued operation does not create a direct or physical hazard to public health and safety or to any surrounding developments. 5. The continued operation will not have a significant adverse effect on surrounding public parks, forest or recreational areas. 6. The mine operation is a non-discharge facility and all site related drainage is directed internally to the lake. 7. Riverfront LLC dba Wilmington Materials,Inc.has operated the A.D. Royal Pit since 2001. In addition, Wilmington Materials, Inc. operates similar facilities in the surrounding counties. The operations have been in accordance the approved permits and have not resulted in the revocation of a permit,forfeiture of a bond or security,conviction or civil penalty. The continued operation will be confined to the existing permitted area and no additional land disturbance is anticipated at this time. Should additional land be included,the appropriate modification request will be submitted. Thank you for your attention with this matter and please call if you desire additional information. Sincerely, F��UEC ]�CEIVED 1 22005 Keith Stark Nq QUALITY SECTION POST OFFICE BOX 209 • 3812 US HIGHWAY 421 NORTH • WILMINGTON,NC 28402 • (910)763-4569 • FAX(910)762-2815 A . D . ROYAL PIT RENEWAL ) NEW HANOVER COUNTY EXISTING PERMIT NO . 65 - 05 NORTH CAROLINA MINING PERMIT APPLICATION state of North Carolina Department of Environment And Natural Resources Division of Land Resources Land Quality section 0C 15 tool DEC 13 2005 P 1612 Mail service center Raleigh , North Carolina 27699-1612 (919) 733-4574 Revised 4/2002 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT DEC 13 2005 (PLEASE PRINT OR TYPE) lAt`ID('!t.'UTYsKTiJy 1. Name of Mine A. D. ROYAL PIT County NEW HANOVER River BasinCAPE FEAR Latitude (dd.mm.ss) Longitude (dd.mm.ss) 2. Name of Applicant* RIVERFRONT COMPANY LLC dba WILMINGTON MATERIALS, INC. 3. Permanent address for receipt of official mail**P.O. BOX 209 WILMINGTON, NC 28402 Telephone 910-763-4569 4. Mine Office Address 3612 HWY 421 NORTH, P.O. BOX 209 WILMINGTON, NC 28402 Telephone 910-763-4569 5. Mine Manager JOHN REGISTER 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 KEITH STARK Title 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. DEC 13 2 055 l,AND DUALITY 9010N 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 mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: 65-05 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 83.0 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 (ifno,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 mining permit, indicate the mining pen-nit 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 3. Mining method: Hydraulic Dredge XX Front-end Loader& Truck Shovel & Truck Dragline& Truck Self-loading Scraper Other (explain) -2- APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) 40 FEET Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) HAUL ROAD ELEVATION b. Expected average depth of mine (feet) 35 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? 1985-2000 WILMINGTON MATERIALS,INC 2000-PRESENT RIVERFRONT COMPANY LLC dba WILMINGTON MATERIALS. 6. Number of years for which the permit is requested (10 years maximum): 10 YEARS 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 ATTACHED TO APPLICATION County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919) 733-7600 ATTACHED TO APPLICATION -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 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). C. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants(processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on-site haul roads. 1. Location of planned and existing on-site buildings. in. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary; i f an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. 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 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- 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. This application is for the renewal of an existing sand mine. The mining operation consist of the continuation of a dredge extraction of sand within an existing dredge lake. The existing lake boundary will remain the same. All existing haul roads and truck scale will be use. The on-going operation involves the weigh in of haul vehicles, loading of product and weigh out product/haul vehicle. The plant is operated 5-6 days per week and is open to the public. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas),and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. No additional land disturbance is required. All mine surface drainage is conveyed to the dredge lake and is considered a non-discharge facility. Drainage culvert are installed through the perimeter earth berm to allow drainage from the haul road to enter the lake. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes_No X . If yes, briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or wastewater from the mine or plant as a point discharge to the waters of the State? 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 nine map(.r). -6- • • APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? 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. 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. 1 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? The stockpiles remain wet due to the nature of the operation (Dredge) and the haul roads are wetted by water truck as needed to control the dust. A Water Truck Intake Station exists along the lake boundary. -7- 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. Show all buffer locations and widths on the mine map(s). The mine is bordered by a 130 ft Utility Easement, Consevation Property and Owner Occupied industrial property. The buffer along the Consevation Property is 25 feet. The remaining borders support a varying buffer width due to the inclusion of the haul road. The entire lake boundary has a 4 ft high earth berm. 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). The buffer between the lake and the Conservation Property (potential wetlands) is existing and approximately 25 feet in width. No other water courses or potential wetlands border the site. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to I vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandymaterial are generally required, unless technical justification can be provided to allow steeper slopes. The existing dredge lake has been in place for over 10 years and shows no sign of instability. The buffer areas outside of the haul roads are vegetated and the berm side slopes are 3:1 min. -8- o • 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 and/or slope drains (with supporting design information) if needed, and the method of final stabilization. A cross section is included on the plans. The dredge lake was excavated below the surrounding grade and does not have a natural or man-made primary spillway. All slopes are 3:1 min. The intended final stabilization will consist of reshaping the lake edges where needed to allow future access for recreational use or creating vistas for the any future development. 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 ntap(s). The existing dredge lake edges vary in slope. A 3:1 min. slope is proposed and may increase with the end use. d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross-sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. NOT APPLICABLE 7. Describe other methods to betaken 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. The existing mine is located in an isolated industrial region of New Hanover County. The nearest structure is the Scale House and operational maintenance buildings. 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 is a single entrance to the mine via a route by the operations area. The site is fenced and gated to prohibit access. -9- APPLICATION FOR A MINING 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 orplanting trees,bushes or other vegetation,buildingberms or other measures. Show the location of all visual screening on the mute map(s) and provide cross-sections through all proposed berms or proposed spacing, sizes and species for tree plantings. The mining operation is isolated from any existing public view. The reclamation will be the creation of a lake and made a part of the Owner's industrial complex. 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? The adjacent Consevation Property cannot be developed and the Dredge Lake will not have an adverse effect. 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 infonnation may be required on the blasting program(such as a third- party blasting study). Locate the nearest offsite occupied structure(s) to the proposed excavation(s)on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes No X lfyes, describe these materials, how they will he stored and method ofcontainment in case ofspill. Indicate the location(s) of all storage facilities on the mine map(s). -10- APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN l. 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 al!permanent channels must be indicated on the reclamation map. The final reclamation will embrace the stabilization of all disturbed land to prevent erosion. The end use will include the lake as a focal point for future industrial development. The lake will serve as an amenity for recreation use and a possible water source for fire suppression. The lake boundaries will be planted where remaining property will allow and as needed to create focal views. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes X No /f yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless infonmation 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 X . If yes, specify species. The depth of the lake exceeds the 4 feet min. depth. 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 reclammation map. NOT APPLICABLE -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. NOT APPLICABLE 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. The dredge plant and stockpile area will be mined as the final phase of the operation. The haul road will be used as maintenance and use access routes. The processing facilities will remain in operation for the remaining industrial uses. b. Will any on-site roadways be left as part of the reclamation? Yes No X Ifyes, identify such roadways on the reclamation map and provide details on permanent ditch linestabdization. 6. Describe the method of control ofcontaminants 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. No waste is anticipated from this operation. In the event that waste is discovered, said waste shall be disposed in accordance with the regulations governing such waste type. The New Hanover County Landfill and Incinerator is within the immediate vicinity. -12- APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding,including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for 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; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): FERTILIZER -ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding Dates: Seeding Rates: SEE ATTACHMENTS MULCH -TYPE AND RATE OF APPLICATION(pounds/acre)AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS —TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Signature Date Print Name Title Agency -13- SEEDING SCHEDULE SHOULDERS, SIDE DITCHES AND SLOPES SLOPES (31 TO 211) DATE TYPE PLANTING RATE MARCHI - JUNE I SERICEA LESPEDEZA (SCARIFIED) 50 LBS/ACRE AND MARCH I - APRIL 15 ADD TALL FESCUE 120 LBS/ACRE ON MARCH I - JIAE 30 ADD WEEPING LOVEGRASS 10 LBS/ACRE OR MARCH I - JUNE 30 ADD HULLED COMMON BERMUDAGRASS 25 LBS/ACRE JUNE I - SEPTEMBER I www7ALL FESCUE AND 120 LBS/ACRE umBROWNTOP MILLET 25 LBS/ACRE wwwOR SORGHUM-SUDAN HYBRIDS 30 LBS/ACRE SEPTEMBER I - MARCH 1 SERICEA LESPEDEZA (UNHULLED-ONSCARIFIEO 70 LBS/ACRE AND TALL FESCUE 120 LBS/ACRE ADD ABRUZZI RYE 25 LBS/ACRE CONSULT EROSION CONTROL ENGINEER OR SOIL CONSERVATION SERVICE FOR ADDITIONAL INFORMATION CONCERNING OTHER ALTERNATIVES FOR VEGETATION IMF DENUDED AREAS. THE ABOVE VEGETATION RATES ARE THOSE WHICH 00 WELL UNDER LOCAL CONDITIONSM OTHER SEEDING RATE CUMBIWITMNS ARE POSSIBLE uNTEMPORARY RESEED ACCORDING TO OPTIMUM SEASON FOR DESIRED PERMANENT VEGETATION. DO NOT ALLOW TEMPORARY COVER TO GROW OVER 12 INCHES IN HEIGHT BEFORE MOVING, OTHERWISE FESCUE MAY BE SHADED OUT. SEEDING SCHEDULE SHOULDERS, SIDE DITCHES AND SLOPES (SLOPES MAX. 311) DATE TYPE PLANTING RATE AUGUST 15 - NOVEMBER I TALL FESCUE 300 LBS/ACRE NOVEMBER I - MARCH 1 TALL FESCUE AND ABRUZZI RYE 300 LBS/ACRE MARCH 1 - APRIL 15 TALL FESCUE 300 LBS/ACRE APRIL 15 - JUNE 30 WILLED COMMON BERMUDAGRASIS 25 LBS/ACRE JULY 15 - AUGUST 15 TALL FESCUE AND Ono BROWNTOP MILLET 25 LBS/ACRE CONSULT EROSION CONTROL ENGINEER OR SOIL CONSERVATION SERVICE FOR ADDITIONAL INFORMATION CONCERNING OTHER ALTERNATIVES FOR VEGETATION OF DENUDED AREAS. THE ABOVE VEGETATION RATES ARE THOSE WHICH DO WELL UNDER LOCAL CON➢ITIONSI OTHER SEEDING RATE COMBINATIONS ARE POSSIBLE u'4EMP0RARY RESEED ACCORDING TO OPTIMUM SEASON FOR DESIRED .PERMANENT VEGETATION. DO NOT ALLOW TEMPORARY' COVER TO GROW OVER 12 INCHES IN HEIGHT BEFORE MOVING, OTHERWISE FESCUE MAY BE SHADED OUT. 0. �. STANDARD AND SPECF ICATION FOR PERMANENT SINGS ON GRADED DEVEI-OPMENT AREAS CEFMON SEECM PERENNIAL GRASSES AND LEGIU.ES ON ONIO.AL AREAS FOR PB IAANE NT cDYER PURPOSE To STASIS TIE SOL.REDUCE DAMAGE FROM SED N AND RUNOFF TO OOVNL4TEAM AREAS AND ASROLE AN AREA FOR SAFETY AND BEAUTY. NIBS APIPWAB E ON ANT SmABNPPRmDOG.oMG OR SEVERLY 13AODIG AM 1VUBE VESET DI1 6 OFFIOLT ro EaTAR6N YWM OF NORMAL w Pae+a�VAS CELETA ®��o TERIA FILL s�FQOTECeIOIt atEaS do onsr AREAS OBal7® SEW CAT 016 QADE A STE PREPARATION L NSTALL NEEDED SUMPACE WATER SRO.LEASLQE5 2 GRADE AND ROE AS FEASIBLE TO 115E P L3 M NT POO 6EEDINI MLAMC ANC)MAINTENANCE.SLOPES STEEPER THAN 3.1 ARE DFFTOLT ro esrAHBN YT3Q.'rAt1O/ORN AND WIRAN WmN OMMENTIONL EOPLBNT. 9 OLB CAI.PACIID NEAS A}D 88'AD AVeF ew P TONFOL 7 DEEP OVER AlTBLE SOIL CONDITIONS AS A PNAL OT$IATIDH N Qi/�R!' wHE OQABAOIAL�!C�i'ABIT 6 TO BE USED,RP BIKE A a A MNA"OF GRADING AND SWIG 6 TEOIIRED OMB!IITLRMLIC SEEDING ECIlIBR 6 TO BE E®. eESLOO ROOTS AND°�AT �a� YP e ESTA e AMM WEIANrE OF .VEGETATION.L� A SAM �FOP MAL S®I3ED PREPARATION. A PE FOA/ALL QLTIRAL OPERATIONS OF LAD PREPARATION AM SISMIG ON TIC IBBtAL CONTOUR S LAC PERRfffit AND�PREPARATION t VNBI SOL MATBaAL 6 REA ONART IIiLfM AFFLT LIME NO F6MUZER ACC09*G TO SOL TEST REPORT.N TIE ABSENM OF A SOL TEST APLY LE AS FOLD IS- TOTNAQE LEISAOOO SD FT. .SANDY LOAM&LOAM&SILT LOAL6 2 S90 O L.OAA(Y SANDS SANDS ACNDLTIRAL U.E Iffi SHALL BE VR THE 9FEICIFDATON OF TIE NC CIEP BNT OF AGRICULTURE 2.RATS AND ANALYSIS OF FBRTILRE R F SOL TEST 6 NOT AVALAHE- A BRASSES ALOE!OD TO woo Les PBt ACE W23 POUPQS DCO Sohn OF A W RATIO 9" ASIDI G LEQU.B ALOE OR WASS AND LEGUME FA(TUE-BOO TO LOGO POUNDS PER ACE DS23 POLN7SAO00 SOFTI OF A 1- -2 RATIO 9"AS S-1SID 3 P B 0A6 �ROOTrnTE IS AVAILABLE. APPLY TO 800 "PCU u,WOO SOFn PER ACM Or s uOR NOT N A03TION TO FHtnIffiI LWEO ALIOYE OR USE AN ANALYSE TO BRAT TIE ADDITIONAL PWO644320is a VNBN�SE)NO Scumie T 6 I-S D,ND PREPARATION 6 T2®lSl Cur SLOPES AND C211PACl®AREAS WY QE UE SOAfiFI(ATIw A TIE FERTILIZER.-�AND WOOD EI i I I FAR ALLO!VlL LE 1.B®W M WATER ADO AP LIED N A SUAIRY. SPREAD �BEUE WLL BE� WATER APFLED ON TOP OF TIE W.04 OR TC U.0 WT BE COMB®VNIN lIC TOP ORES9 OW 0 G RA5 6 2 TO A FLIES TALL S V18N ORh9TIONM EO FNE NT 6 USE TIE LAE AND F E RDR E R V4L LE APPLIED 1NNOMLY AND R-0®VNTII TIE QF D CO CURtIS NDITIONS 9.OFeS THAT AREA 3A ON PLATTER FE PATE A S�A HOWE S DEEP.E)ICLU NG ROCK e OCNTNE TILLAGE 1NIL A VNL PLVERIM MA R!ASONARY lN"OiA S®6 PREPARED G SIN' ffiB4T(jt•E,$FROM ATTAC®TABLE.CQ4SC82M PANT ADAPTATION TO DS4N®L6H UTTE TO BE VEGETATED, 93ECIG OATES AND LIANfBWCE IEOiBANM ON 111112E TIE ATTAO3®SEEDING `FNG S"� IE AS APPROVED FOR TWS AREA M TIC WALE!(AUNTY SOL OON�NATIO/DISTRICT �19D 9NIL BE LABIEO TO SOW T ARE VNTN TIC RE JRU. TS OF TIE NORTH CARC NA D�ARDBR OF AQ QA.TUE AS TO PURITY.CBARNAT1O1 AND PRESENCE OF TR�OR�® 504CONSPARSEEr�9lOLD LIST WE MS O2 EO(TUES AE .PLANTING � TICN A T {EABE L OpABTRNAL SL -S®ON A PFE9LY PREPARED.FRLN S®SEO USE EOtF1BT TINT VAL APPLY BEST E�T EUOWOR AS O.ILAd(�u`�IGDRL OR CTOLOE SEEDER.COVER 5 LJG RY WIM S®N6 1 IA'DRALIM SEEDING-AO(TIC FHrRD2ER1 I AND WOW OE R r SE FIBER A11O4 VDN WATBI AND MR.Y TIC SLURRY INORNILY OVER TIE AMA BEING TREATED TIE S1WY NUST Be APLE D VNTN ONE NOR AFTER l TIC SEED LMTIN FTSRDRBR 3.USE IgC)U.ANT PREPARED SPE6iNLY FOR ANY LEGAII!LEII ®®G S TWDE TIE RBCOM.BDED RATE VILE BE USEDv ELF DRY VNM a0A8A10NAL ECIU'#BR I"TWA S TIC 9870LOAEMM RATE WHEN SEEDED IMIIN NTRMLC BOFABNT. 4 IALON.-WLON ALL RERNWMT SE®N96 ON ORTICJIL^WAS M.®V TRT AFTER SEE)G UNLESS SUFFICIENT IDUAREA F PROTECT SEEEUNGS �ROA B�i05O PLANT�6 6STARS��To�ONG�Aro TIONS FOR AND AMAUR6 AND ANO47TaG LETNODS STRAW RATE PER ACE OWJTT NOTES 2 TOM Mr.LH)DPPM 94OLW CORE FROM w T W OATS, AVOID �TE r�BY DO OR�Vf ' MO-IM 300 C ACrE-ASPI LT BAAeON 3.RaCA TION-SUFF EWETARY R IGATION Vi SPEED 1P TIE E3TAELISM0 T OF PLANT COVER CUING MDST SEASONS AND WY PTEYBR FAILURE OF 9EEDN95 NOT MADE AT O'TMN PL/VNTNG DATE OR 9�NGR ON ADVERSE SITE CONDITIONSVNHE RRNGAT%lN IS USED,WATER IA6T W AP'lID AT A AAIE LINT WLL NQT CMIg SOL MOVT3.BNf. D.TEATMBR TEATM9NT AFTER SEEDING AND AIAURBNNCE 6 TIE MOST APOITANT OONTROIFHE FACTOR N RETAWG AN Bi$TYE YEBETATI E COVER TIE NOD OF WASS OR GRASS{BQU.0 S0.VEATIBI AND LEiB.OF AWIA®.BNf OTC IDE3E9 TO DIVE A SEEDING OET6M4ES TIC FE RRIIATION N®®AFTER TIE FIRST tt L REPAIRS-f6BCT AU.SEEDED AREAS AND MADE NECESSARY REPAIRS OR RESEED"M w TIC PLANING 9=ASO1 F POSSIBLE.P STAID SHOULD BE OVER 6M DAMAGED,A154WA9.54 FCLLOVIG CfX>rNL LONE.FBID1}8R AND SEES REDOLABDATIQE, 2 CONTROL.V®GROWTH ORNG ESTAEUSB IH34AW LL Y MOOR 4 EICDES VNBN OBACALS ARE USED.FOLLOW 6E SOURM TO FIMI CARMIN ONLA��EDSBe.BNT STATION'S V®CONTROL QECC AT1O6 APPLICATION FOR A MINING PERMIT NOT REQUIRED FOR RENEWAL F. NOTIFICATION OF ADJOINING LANDOWNERS 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 permit boundary which lie directly across and is contiguous to any highway; creek,stream, river, or other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The"Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder 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(b1). ■ SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -15- Target is 340 16- 16"N, 770 57' 53"w iASTLE HAYNE quad LQuad Info] ;;I?l LUI v}Copm t g,4 qJ4 6000 8000 4.0 miles , littl)://xvww.topozone.com/print.asp?z=18&,ti=3795999&e=227034" u=2 11/19/2002 500Z T �(J a s P a I FEAR e NOR F.AS N HE i f iPQQ' of CI TLEx.NI uewq p ao>!wl c..0 _ —�— // I � �� `I' ll .. �.. � J+_ •� \ 111 ,10 G ,J :I N1�IMpn NNINL.1 f ' Inb bbeEvl ® ' PoI.O.MI I O kl xam:wl. umpn °u`inci w l e„ '—��I ,rn ?^•.., � How C POP, iw \ �i, \. I vnxlEEpp ana I INc� , i w I � f � i usoNaonolmer co ArPLE MENT _ ` i 1� EET LINE kf\LhRSCAL£ NOT 4 n6 IMLARLE FCIR c ------ --- `� t/ O ITC LOCATION) \ III loon ra°w 3.2 L / O �/I o° LQU N 'TY 9 T' J{ 11GI1 VV I` \n ' A-/ �I\y ,eL MAP I!i A •. Y � III � ... FDEC 13 20a5 North Carolina • • Department of Environment and Natural Resources ee Michael F. Easley, Governor = —_ Sherri Evans-Stanton, Acting Secretary NCDENR Charles H. Gardner, P.G., P.E., Director and State Geologist Division of Land Resources January 17, 2001 Mr. Keith Stark Riverfront Company, LLC d/b/a Wilmington Materials, Inc. P.O. Box 209 Wilmington, North Carolina 28402 RE: Mining Permit No. 65-05 A. D. Royal Pit New Hanover County Cape Fear River Basin Dear Mr. Stark: Your request to have the above referenced mining permit, issued to Wilmington Materials, Inc., 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 and affected acreage for this site are both 83 acres, as indicated on the mine map last revised October 3, 2000. 4574. Again, if you should have any questions on this matter please contact me at (919) 733- Since ly, Tracy E. D vis, P.E., C.P.M. State Mining Specialist Land Quality Section TED/jw Enclosures cc: Mr. Dan Sams, P.E. Mr. Bradley Bennett-DWQ, w/enclosures Ms. Monika Sharma-WRC, w/enclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures Land Quality Section(919)733-4574 Fax(919) 733-2876 Geological Survey Section(919)733-2423 Fax(919)733-0900 1612 Mail Service Center, Raleigh,North Carolina 27699-1612 / Division of Land Resources (919) 733-3833 Fax: (919) 7 15-890 1 AN EQUAL OPPORTUNITY v AFFIRMA'I WE ACnON EMPLOYER—5O%RECYCLED/ IUS,1)OS9 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: Riverfront Company LLC d1b1a Wilmington Materials, Inc. A. D. Royal Pit New Hanover County - Permit No. 65-05 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 DAT w December 14 005 • Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications September 3. 1985- This permit has been transferred to Oak Ridge Sand Company, Inc. from Jerry Gore Sand and Gravel Company. December 16. 1985 This permit has been transferred from Oak Ridge Sand Company, Inc. to Wilmington Sand and Gravel Company. October 22. 1992: This permit has been modified to include approximately 19 acres, expanding the permit boundaries as indicated on the attached mine map dated July 22, 1992. September 11 1995: A partial release has been granted at this site, reducing the permitted and affected acreage to 10 acres. December 14 1995: This permit has been modified to increase the permitted and affected acreage to 83 acres as indicated on the mine map received by the Land Quality Section on September 7, 1995. In addition, the permit has been transferred in its entirety to Wilmington Materials, Inc. January 17. 2001: This permit has been transferred in its entirety from Wilmington Materials, Inc. to Riverfront Company, LLC d\b\a Wilmington Materials, Inc. Page 3 Expiration Date This permit shall be effective from the date of its issuance until December 14, 2005, 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. 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 15 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, 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. C. The recycling and processing facility are not considered part of the permitted or affected acreage of this permit. Said facility will be regulated under the Sedimentation Pollution Control Act until it is permanently stabilized. OD Mining activities shall be conducted as indicated on the mine map last revised October 3, 2000. Page 4 5. All mining permit boundaries (83 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. A. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. / B. The berm along the northwestern permit boundary shall be constructed as indicated ✓ on the mine map dated July 22, 1992. 9. Sufficient buffer (minimum of 10 foot unexcavated) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1) on-site generated land clearing debris 2) conveyor belts 3) wire cables 4) v-belts 5) steel reinforced air hoses 6) drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: • S Page 5 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. A. 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. B. Prior to commencing any land disturbing activities outside of the permit boundaries on the mine map last revised October 3, 2000, a modification shall be submitted to and approved by the Department. The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $151,300.00 surety bond (of which $50,500.00 is required for this site) 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. B. This permit and corresponding reclamation bond shall cover the "sliver' of affected land located across the lake from the plant until said area is established with revegetation and released by the Department. The permit and bond shall not cover the recycling and processing facility outside the highlighted line indicated on the mine map received by the Land Quality Section on September 7, 1995. . 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G S 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. 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. Page 7 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. Bevegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates S ecies Rate. Lbs/Acre February 15- April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October 25 Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye (grain- temporary) 120 Soil Amendments Lime- 2000 Ibs/acre or follow recommendations from a soil test. Fertilizer- 1000 Ibs/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 Ibs/acre 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. • e Page 8 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 July 20, 1972 to Jerry Gore Sand and Gravel Company, transferred to Oak Sand Company, Inc. and renewed September 3, 1985, subsequently transferred to Wilmington Sand and Gravel Company, Inc. December 16, 1985, and modified, renewed and transferred to Wilmington Materials, Inc. December 14, 1995, is hereby transferred in its entirety to Riverfront Company, LLC d1b1a Wilmington Materials, Inc. this 17th day of January, 2001 pursuant to G.S. 74-51 . By: Charles H. Gardner, irector Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources e;: r~ TRANSMISSION VERIFICATION REPORT TIME 12/07/2005 13:38 NAME NC DENR DLR FAX 9197158801 TEL 9197333833 SER. # xxxxxxxxxxxx DATEJIME 12/07 13:35 FAX NO. /NAME 919107941343 DURATION 00:03: 10 PAGE(S) 10 RESULT OK MODE STANDARD ECM NO,, 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 TRANSMITTEDTO: !/n/0— ?j y— J#k" �3 7� To: J Of: From: T RE: Date: ���0 /,06— COMMENTS: -IF YOU DO NOT RECEIVE ALL PACES. PLEASE T ELEP110NE US IMMEDIATELY AT(919)733-4574. North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) I. MINE NAME A.h . IZo,,a I p,-? 2. MINING PERMIT # G 5-05 3. OPERATOR 2;vr_,¢ F2on)r ram. r.. ,, ttr 4. COUNTY Ni�l 14._Hnoerc 5. ADDRESS ., (o .,...... ;1.,, t Ny xi-,, . bo ROX 160 4C Astin;x 6. PERMIT EXPIRATION DATt tk<. ih.Door 7. RIVER BASIN ra ne r E w ,_ 8. Person(s) contacted at site :Yok n";a f2oqis-terl 9. Was mine operating at time of inspection? ';g,Yes ❑ No 10. Pictures? ❑ Yes .©�,No 11. Date last inspected: 02- / 17, / INd 12. Any mining since last inspection? p,Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? NA Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? O�Yes ❑ 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: 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: 'Dorn,-1 e, w;ves b'r. ly. aon r b, ;�' -re, IN N ING G 1 I �� 5J4r J 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) 'p.Not Reviewed 19. Follow-up inspection needed? ❑ Yes /T No Proposed date 20. No. of additional pages of Inspection Report. 21. Copy of Report sent to operator/2 / 5 / ny � /J (date) INSPECTED BY: DATE !2/ 09 / 09 Telephone No: (110 ))3�94Ddi V White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 • t O NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES i , DIVISION OF LAND RESOURCES ` Ne®ENR 14, ft f •JA,ES B 4uNT.JR .. I November 3, 2000 r GOVERNOR .11 W Certified Mail .BILL HOLMAN Return Receipt Requested 1,1{SECRETARY f� 4�?Ta (�4r Mr. Keith Stark tt1 CHARL�ES HGARONER Riverfront Company, LLC 6;yPE�iDIREo P.O. Box 209 I�}ANDISTATE GEOLOGIST �a ,0 , Wilmington, North Carolina 28402 Re: A. D. Royal Pit and Sutton Mine Mining Permit Nos.[65705 and 65-19 New Hanover County Cape Fear River Basin s*� Dear Mr. Stark: a t The review has been completed on the transfer requests your w company submitted for the above referenced mine site. However, the following is needed to continue processing your application: The reclamation bonds have been calculated for this site using the :{ information submitted with the current applications. The reclamation bond i r for Mining Permit No. 65-05 has been calculated to be $50,500.00. The ,- reclamation bond for Mining Permit No. 65-19 has been calculated to be $100,800.00. The calculation worksheets are enclosed for your review and -� the bonds will be required prior to approval of these transfer requests. 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 IY � the same as the name appearing on the application for a mining permit, i.e., Riverfront Company, LLC DBA Wilmington Materials, Inc. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. Please be advised that the transfer requests cannot be completed until the new bond amounts have been received. r ' :�v "4 :•"3 L:' ::v'a1 LAND QUALITY SECTION (919)733.4574 FAX IS 9)733-2876 GEOLOGICAL SURVEY SECTION(919)133-2423 FAX(919)733-0900 1612 MAIL SERVICE CENTER,RALEIGH, NC 27 699-1 6 1 2 (919)733-3633 FA%(919)715-6601 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10 POST-CONSVMER PAPER DENR TOLL FREE HOTLINE: I-677-623.6746 M CERTIFIED MAIL Mr. Stark Page Two 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 requests, please forward the bonds 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, N. C. 27699-1612 Please contact me at (919) 733-4574 if you have any questions. Sincerely, �J Judith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosures cc: Mr. Dan Sams, P.E. Mr. Kyle McIntyre - Wilmington Materials, Inc. =t Suracs Mining Idanual U n'ecamatron 3cncs XINE RECLAMATICN 30N0 CAL.CULATICN WOR.KSHEET .viirss (based ucon i0-dear mine/a='acted area plan) permit No . C/s� Permittme :e/A.ccLic �14e (�Zq- �i^=_ Name : Aa--CT`-Z ZEC AMATICN R C'aMATICN CATEGORY ACREAGE COST/ACRE COST Tailings/ Sediment Ponds ?.c . < S / p,c . _ $ Stoc:<piles AC. K S / Ac . _ $ Waszepiles ?.c. < S / ?.c . _ > ?rccessinq Araa/ haul Roads Ad . :t S / Ad. S Mine xcavation N50 Ac . X S 000611 =_c . 000� TOTAL �=�'CT=...D AC. : (� ?.c. T-emoorary & ?ermanent Sedimentation -csion Control 'Measures : Divide the TOTAL Ac^F'CTM AC. above i:it0 the =o1 low i nq zwo cacegcries : a) a==eCted acres that dial- into or00osed/exls74nC excavation and/Or b) affected acres that will be graded "Or positive drainage, measures will be needed t0 preVent OL'S ice sediment ai T_:Iternai Drainage 4e_ Ac. b) Posicive DraL-aqe _� Ac. X _ OC / ac . S p Q SUnTOTAL COST: 4. inLLation _actor: 0 .02 X SUBTOTAL COST: S Q :C ce mit li_e �p ( 1 to 1-0 years; =`IzLATT_ON COST: j TOTAL COST SUBTOTAL COST ;- T=r LATICN COST $//y9 TOTAL RECIAMATT-ON 3CND COST: $ �_ i (round down to the neatest $100) �0.41r Figure U-t - Bond Caculatio❑ Worksheet (Page 1) Fybruary 1996 NOrrh Carclina Cecar„wsnt of cnvrrcnmen(, FsarLh and Natural Resauress d Suriacs .Mining!Aaruai • • Recamaticn , cres MINE RECVAMATICN BOND C.ALCTLATT-ON gCMt:SBEET ('used upon 10-year mine/at=ected area plan) No . (pS_05- nn 1 Permittee/A ^"_caRt : Niitut. ��iv}� � 4ofnw j (('� �(jIq ne \lame : U� ' —�— PYIaIGJI¢IS � t Ae=eC= RECI. T_ION RECLAMATION CATEGORY ACRAGE COST/AC::ZF. COST Tailings/ Sediment Ponds AC . = S Stoc:koiles AC . X S / AC: _ $ �oo Processing ?_ea/ r.aui Roads K SL�JO✓ / AC - = S ja00ao Vine c_<cavat_0r. 79L ac. C" / C - = S 39 8no `D Other _C. TOTAL Ac_CT"...D AC. Temoorary & Permanent Sedimentation & '-OS_OR CO RtrOL i4eaSl'.re5 : Divide t;^e TOTAL AEE=CTED AC, above into the following t o cat=_goriest a) a'=ecced acres that drai- into proposed/existing excavation and/or b) affected acres that wits pe c_aded or cositive dra'_:ace, measures will be needed to prevent o�=site sediment a) :..t_rnal Drai^ace AC , p) Positive Drainage 0 ?-c. X S . SUSTOTAL COST: rnflatlon -actor: 0 .02 X SUBTOTAL COST: $ �{S�an�� X. :;e--L; t Life: S ( 1 to 10 Veal_„ IN=LATICN COST: $y M 00 TOTAL COST_ = SUBTOTAL COST + :_Nc_ATICN COST = $ `J () 00 TOTAL RECLAMATT_CN BOND COST: $ u' SQ()0U (round down to the nearest. $1o0) I'll, 83 fwm�ed Figure 17-1 - Bond Calculation Worksheet (Page 1) Feoruarr 1996 North Carciina Oacarmort or_nv/ronment, Heaitn and Natural Resources 7 Surface Mining Manual • • Redamation aonds MINE RECLAMATION BOND CALCULATION WORKSHEET iortaros (based upon 10-year mine/affected area plan) Permit No . &iS'-05� Permittee/Applicant: IC�IUYY`("1Y1t/�l/1t/YL�I Drilq Mine Name: A, Q64n4 °PL�- 1v10.fe�(¢IS, AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE COST Tailings/ Sediment ?onds Ac. x $ / Ac. = $ Stockpiles Ad. ;C S / Ac. = $ JO . wastepiles Ac. X S / Ac. = $ ?rocessing Area/ Haul Roads Ac. X $� f�✓ / Ac. = $ 5oj000O Hine Excavation 79L Ac. X $ .Ac. = $ :39�Q2� Other Ad. X $ / Ac. = $ TOTAL AFFECTED AC. : 3.0 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 93 - Ac. b) Positive Drainage 0 Ac. X $ 1500 / Ac. _ $ SUBTOTAL COST: $ Sly fin 40 Inflation ?actor: 0.02 X SUBTOTAL COST: $ YsQao(jo X permit life: S (1 to 1-0 years) INFLATION COST: $16 9a00 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ TOTAL RECLAMATION BOND COST: $ Q 5'0o ,L) (round down to the nearest $100) Figure 17-1 - Bond Calculation Worksheet (Page 1) February 1996 North Carclina Department of Environment, Health and Natural Resources 17-5 Red'amaticn Bcnds • • Surtace ,Lfining,Llanual :aides Bond Based Goon: annual Reclamation Report Form Acreage Approved 10-Year Mine/Reclamation Plan Remarks : Bond Calculated By: � Date of Bond Calculation: I u,'� K *PLEASE RU41T THE REQUITED 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 . Figure 17-1. Bond Calculation Worksheet (Page 2) 17-d ,Vcrth Carclina Oeoartment of Environment, Hearth and Natural Resources soruarl 1996 DATE TO ASSISTAKV. DATE TO SECOARY 0 LOGGED IN MINING CHECKLIST FOR ROUTING AV115 S A- S�h re4 Company (61N,?�s Project Name Ai,) Ai4a Permit No. (06--Q5- County Date Received Reviewer Please make copies of check to include with Central Office and Field Office files and log in checks . *E1 New 1:1 Renewal D Modification —E] Transfer El Release 1:1 Additional Information 1:1 Fee Needed Fee Received: Amount SU Please route to: Field office Date Routed Field Office Route to: El Water Quality Field Office Route to: El Air Quality ElWildlife Resources Commission Date Routed ❑ Division of water Resources Date Routed ❑ Division of Parks & Recreation Date Routed Archives and History Date)Rou ted El Other: Date Routed Suspense Date for Comments: (Date received +30 days, not on weekend) Please note the following: 4 ffv e4Lb *SECRETARY:_ Please make file & return Checklist & file to Reviewer White Copy to Field Office Yellow and Pink Copies to File Gold Copy to Secretary R -R? LLC dba WIIaMINGTON MATERIALS P. O. BOX 209, WILMINGTON, NORTH CAROLINA 28402 October 31 2000 M Ms. Judith A. Wehner D u D Division of Land Resources Land Quality Section s 2000 P. O. Box 27687 0CT Raleigh,North Carolina 27611-7687 DENR Re: A. D. Royal Pit LAND OUAUTV SECTION Permit No. 65-05 Dear Ms. Wehner: We hereby request that the above referenced mining permit be transferred to Riverfront Company, LLC dba Wilmington Materials. Riverfront is purchasing the property, equipment, and operations of Wilmington Materials, Inc., the current permittee and Riverfront will continue to operate the sand mine. Riverfront will comply with the requirements of the Mining Act of 1971 and accepts any and all responsibilities and liabilities arising from our operating the A. D. Royal Pit with respect to the Mining Act of 1971. The principals of Riverfront Company, LLC have operated successful construction, development, and trucking companies in the Wilmington area for over thirty-five years. Sincerely, �D5_� Keith Stark Manager �__ .. --... R."_ ! _ '- d �. ryi :. f :: � }?;_ <<-::. � f. _: ; � �:.. � '-� ' � - ► `:t i�-_-: -�--! i __ ..___. .-•--a NAVASSA SAND COMPANY DEPT OF ENVIRONMENT, HEALTH&NATURAL RES 1015100 1052 OCT . 6 2000 DENR LAND OUALITY SECTION CASH IN BANK-BB&T Fee for Permit 65-05 (AD Royal) Transfer Request 50.00 WILMINGTON MATERIALS, INC. October 2, 2000 Mr. Tracy E. Davis, P.E. NC Dept of Environment & Ea Natural Resources Division of Land QualityP.O. Box 27687 Raleigh NC 27611-7687 RE: Transfer of Mining Permits: Nos. 65-05, 65-19, 69-28 Dear Mr. Davis, Please let this letter serve as notice that I respectfully request the transfer of the above referenced mining permits to Riverfront Company, LLC dba Wilmington Materials. After sixteen years of mining in N.C., 1 am selling my business due to health reasons. I want to say that your department and all of its employees have been wonderful to work with. I have enjoyed my relationship with all of you and will miss seeing everyone. I have known the folks at Riverfront for many years and know that they will be good stewards of the land and be excellent to work with. 1 plan to stay on for a short period of time, and will fully acclimate the new owners to the requirements of your department. Once again, my "hats off' to everyone at the Division of Land Resources and thank you for all of your help over the years. Sincerely, Kyle McIntyre President POST OFFICE BOX 209 0 3612 US HIGHWAY 421 NORTH s WILMINGTON,NC 28402 ■ (910)763-4569 ■ FAX(910)762-2815 NORTH CAROLINA DEPARTMENT OF ENVIRON AND NATURAL RESOURCESLAND QUALITY SECTION APPLICATION FOR A ALINING PERMITnull(PLEASE PRINT OR TYPE) 1. Name of Mine A. D. Royal Pit - Permit 'No . 65-05COunry $ew Hanov 2. Name of Applicant* Riverfront Company , LLC dba Wilmington Materials 3. Permanent address for receipt of official mail** P . 0. Box 209 Wilmington NC 28402 Telephone (9 10) 7 6 3-4 5 6 9 4. Mine Uffice Address 3612 HWY 421 NORTH P . 0. Box 209 , Wilmington , NC 28402 Telephone (910) 7 6 3-4 5 6 9 5. Min¢ Maaager . Keith stark 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-`e✓C Date _ Orrobpr s 2000 Print Name Keith Stark Title. Manager This will be the name that the mining permit will be issued to and We name that must be indicated o_ a the rrt reclaation�nd s un that corresponds to this site. ** The land Quality Section must be notified of any changes in the permanent t ddress or telephone au:rtbcr. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application or a permit within 60 days of receipt of a e application or, if a public hearing is held, within 30 day: following the hearing and the filing of any supp emeutal information required by the Department. All questicus must be addressed a t all required maps provided before this application can be considered complete. Attach additional sheets as needed. I_HIAL _v A. D. Royal ® • 4,ICATION FOR A MJNING FLY-NUT CIO -U1 AH of the following questions must be thoroughly answered N7th regards to your wining operation for the intended life of the mine. All responses musf be clearly conveyed on a corresponding, detailed mine map. A.. GENERAL CIIAIUCTERISTICS OF THE MM Answer all of tb-- following that apply: 1. a. If this is an application for a M.W permit, indicate the total acreage at the site to be covered by the permit this 1s the acreage that the "new permit" fee will t.?e based upon):__.` Of this acreage, how much is owned and bow much is leased? k,,res a vaed: .Acres leased: ___ Property owner if leased:____ _ b. if this is an application for RENEWAL of a mining permit, indicat- the minin& permit number and the total (overall) acreage covered by the existing permit: M:aing hermit No.: Total permitted acreage (this :IS the acresgc that the "renewal" fee will be based upon): _ e. If this is an application for a MODIFICATION to a mining permit, Odici.te the mining ,)crtnit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the rpviously approved permitted boundary" Yes_ No If yes, indicate the acreage tole covered by this modification (this is the acreage that the "major modification" fee will be based upon): (Goes the rnodificauon involve acreage outside the ,previously approved pemnitted bouada,y Yes No . If yes; indicate the additional acreage to be covered by this modifl catiou:_._ (NOTE: you trust complete aLll of Section F. of this applic:..(ion form entitled Notiticatiou of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (dismr led, ground cover removed) by the mining operation? Yes.__ No (if no, a "minor modificaa m' fee of $50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate he acreage to be affected within the acreage to be added to the permit(the total acreage to to ad..,d. to the permit is the acreage that the "major modification" fee will be based upon):_ d. If this is an applicatton for TRANSFER of a minin&permit;indicate the mining perm., numL--r and the total (overall) acreage covered by the existing permit: Minne Permit No.: 65_05 Total permitted acreage: 83 a SEF, THE rEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO HE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDENG ACREAGE NOTED ABOVE 2. ladica:e the.approximate lonilitude and latitude, in degrees-minutes-seconds, of the renter, of th-.mine site: LONGITL)DE (dd-mm-ss):_. 34 __ Quadrangle: LATITUDE (dd-tin-ss): 7 8 --_ River Basin: _Cane Fear __ 3. Nzne of all ruacerials iniucd: Sand !_ -2- . !1'i/21/''<'U611 11.: Y1 919r1Eil:i�l.t" t;AR11lER r!',f.,E 0°. ?LICATION FOR A KFINING PERMIT 4. Minting method: Hydraulic Dredge .._ x,_ Front-end Loader & Truck _� Sho,,el & Truck Dragline & Truck-- Self-loading Scraper Other (explain) 5. a. Expected maxitnttm depth of mine (feet) _ 4 o Reference elevation: _ b. Expected average depth of mine (f et) 35 —-- 6. Has any area(s) at this site been mineu9 in the past? Yes X No 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 mate map(s)). b. Wb—en and by whom was this activity conducted?__ 1985 - 2 0 0 0 Wilm_i_ngt_o_n_ Materialls , Inc . c. Acreage of previously affected and at present site that has been reclaimed:�.. _— 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 notes in 6a or c from this permit application�i Yes __ No X . If yes, how much? acres (identify all areas on your mitte map(s);. 7. Present (pre-rnln)ng) use of the land (estimate acreage for each): Cropland _____acres Pasture 40 acres Forestry 43 _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 ��_acTes Fish/Wildlife 7 5 acres Recreation acres Other -._.,-aeres (Specify use: Bugger -_--.___----) 9. Number of years for wbich the permit is requested (10 years maximum,: 10____._ B. MAPS 1. Four (4) copies of the county higbway maps and four (4) copies of all mine maps and mclamatiou neaps shall be submined with each permit appli_atiou. Couury highway maps may be obtained from: Location Deparh^ent State Highway Commission Raleigh, North Carviitta 27602 (919) 733-7600 Clearly label and mars the location of your mining operation on the county bighway maps -3- �r�72 /2007 11:21 '1197.5:80: GARDNER PAGE 06 A. D. Royal LICA11ON FOR A M7MlNG PERMIT C. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upou our lauds or operation during regular business hours for the purpose of inking necessary Feld 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 ccn the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry our reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuautto G.S. 74-59. LANDOWNER: Riverfront Company , LLC APPLICANT Wi iington Materials Signature 1 _ Signature * 14"D PrintNarne: Keith Stark_ Manager Print Name: Keith Stark Address P . 0. Box 209 Manager -- Title: Wilmington NC 28402 Riverfront Company , LLC Companyi---dba Wilmington Materials Telephone _ (910) 763-4569 A. D. Royal Pit _ Mine Name: y `Signature must be the same as the individual who signed Page 1 of this application. Four 4) couies of the completed appliration four (4) conies of all trzine tm an recla_tnation Inaos�aud e qc (see next page for fee MEIN, in t e 'arm a c1teck or money order payable tote orth Caro ' a Department of Environment and Natural Resources must be sent to the Land t�u_r►lity Section Central Otflce at flte 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 rt (919) 733-4574. -19- TRANSMISSION VERIFICATION REPORT TIME 06/27/2000 14:49 NAME GARDNER FAX 9197158801 TEL 9197333833 DATEJIME 06/27 14:49 FAX NO. /NAME 89103502004 DURATION 00: 00: 40 PAGE(S) 02 RESULT OK MODE STANDARD ECM • •1 •; ` . r.��• J NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES 1 � I�CDENR: �,: C r. .s �NE9 B.NU NT JR'-��• IVER Fax �A�• • To: .tiA DYNE MGDEVvv y'".�Y� `' OI: - _CRETARY; %�.;tip,t('.15f.j — �✓i•�(A ["I .(I-II ;"(,..{ - Y�L,wr., r• , xkk. Pages: ARLE9}� including rover theat :.L.�'4if1•ll.'u.�GARDNER PE:DIRECTOR• • D STATE G EO�OGI9Tp; Date: Comments: .may�;'�- �. 4/ �rLl hh,<.,0 40 (�,1�, �/.1k,Et�ct.�a• '� j wv 7 '•y.i f r ^n� FROtVI: � Land Quality Section j" Telephone: (919) 733-4574 _Y use Fax Number: (919) 715-3301 or (919) 733-2376 AJ•4YCr��� !"A LAND QUALITY SCCT1011 (9191 733.4374 FAX 19191 733.Z875 65-05 Subject: 65-05 Date: Tue, 15 Aug 2000 1 1 :09:53 -0400 From: judy wehner <Judy.Wehner@ncmail.net> Organization: DENR/DLR To: Carol Miller <Carol.Miller@ncmai1.net> Carol, could you get Solid Waste and Wetland to give you a list of their concerns about creating wetland on this permit. Kyle called and I want to give him a list of things he needs to submit. He's talking about doing a nature conservancy thing with the property. I told him that we needed, at a minimum , a map showing where he wants to create the wetlands, how depth the water would be, and what species of plants he wants to plant. Would Solid Waste have a problem if was only clean mulch? 1 of 1 8/15/2000 11:10 AM , ,}n..:.y,..!"ilrh.rv....J���•.+.f...v^+b�1v>v v 1:.n".r:. ,.,. -.i•ti-: /..1.. � ..^M+ ✓ ,.^Y..:,�'4r^--ii.R,.�N"J..ac-....�uv/�.n"..+'m�.+.r . . .. DATE TO ASSISTANT �'^�o'�GY�(� DATE TO SUSAN LOGGED IN p� MINING CHECKLIST FOR ROUTING Company Wi l M i ng lUn r ` o,4&ui L `o roj ect Name A b P-44AVJ P"" - Permit No. (iS05' County ! IUD) 7f7vN. U&-" Date Received Reviewer i f I , V Please make copies of check to include with Central Office and Field Office files and log in checks. * ❑ New ❑ Renewal ❑ Modification ❑ Transfer ❑ Release ❑ Additional Information ❑ Fee Needed ❑ Fee Received: Amount Please route to: / I it), 1rhiM � el Field Office Date Routed -7— 3—;2000 ❑ Wildlife Resources Commission Date Routed I * ❑ Archives and History Date Routed ❑ Other: Date Routed suspense Date for Comments: (Date received +30 days, not on weekend) �❑� Please note the following: )4i) 04°/ � .Ia�tuP,cQ -���'y5a.l�FJ �.ritPJ nSU�) �J �t•Lo ; /J�tr�-GC��ik,aJ Il Atk yk'A 0_t � t,t h..l.Q �.tJ P rrrnr.� �n) (��,�.a l ` ,•v *SUSAN: Please make file and return Checklist and file to Reviewer White Copy to Field Office Yellow and Pink Copies to File Goldenrod Copy to Susan NAM, o WILMINGTON 0 G MATERIALS, INC. UUO �uN �qNp D^ OUq�t�qn Ms. Judith A Wehner ,SOT/Ojv PIC Dept of Environment and Natural Resources Land Quality SeetiOn PO Box 27687 Raleigh VC 21" I-7587 RE: Reclamiationi Modification Permit n 6 -05 Dear iv"is. Wehner, Please let this letter serve as notice that T respectfully request the:;flowing modlfieation to our mining permit n 6,v, A.D. Royal Pit, wvrifminigtOn,Ni. T propose to fill in a section of the mined out pit with four year old hw cane mulch that has been ground up to minus 3" size material and composted. it is basically inert at cr 1lis 1 t bl this point. ..a e are currently making topsoil out o t� � material. '"nee t�,e"' as ecn completed, we will, plant cypress trees and other wetland species. 'in essence, We will be creating wetland areas. T understand from my wetland consultant, Mr. Rob Moul with Land Management Gioup, the pit is not connected to any US Corps of Engineers jurisdictional wetlands. Thank you for your attention to this request. Should you have any questions or need additional information, please cal,' me at (910) 763-44,60. Sincerely, Kyle Mdnt-yre (C President Ok POST OFFICE BOX 209 ■ 3612 US HIGHWAY 421 NORTH ■ WILMINGTON,NC 28402 ■ (910)763-4569 ■ FAX(910)762-2815 f \cA- State of North Carolina Department of Environment, Health and Natural Resources ' • O Division of Land Resources r tip• �a James B. Hunt, Governor ID H F1 Jonathan B. Howes, Secretary C Charles Gardner, P.G., P.E. Director and State Geologist December 18 , 1995 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Kyle H. McIntyre Wilmington Materials, Inc. P.O. Box 209 Wilmington, North Carolina 28402 RE: Permit No. 65-05 A. D. Royal Pit New Hanover County Dear Mr. McIntyre: Your application for transfer, renewal and modification of the above referenced mining permit has been approved. The modification is to increase the permitted and affected acreage to 83 acres as indicated on the mine map received by the Land Quality Section on September 7, 1995 and to transfer the permit in its entirety to Wilmington Materials, Inc. A copy of the transferred, renewed and modified permit is enclosed. The conditions in the transferred, 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 December 14, 2005. 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 and affected acreage for this site are both 83 acres, as indicated in ,the application and on the mine map dated September 7 , 1995. 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 �1 P 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/ 109kpost-consumer paper '\ Mr. McIntyre Page Two December 18 , 1995 As we have received your bond in the amount of $82 , 300. 00, I am returning the two $2, 500 Assignments of Savings Account that you currently have on file with the Department. Furthermore, the bond calculation sheet has been revised. The reclamation bond for this site has been recalculated (see the attached worksheet) . The new bond amount for this site is $55, 100. 00. You may wish to reduce your bond amount from $82, 300. 00 to this new amount. If so, please forward this office an original, completed decrease rider for your bond. Please review the transferred, renewed and modified permit and advise this office at (919) 733-4574 should you have any questions concerning this matter. Sincerely, Tracy Davis, P.E. State Mining Specialist Land Quality Section TED/jw Enclosure cc: Mr. Dan Sams, P.E. Ms. Barbara Rote-WRC, w/attachments D E PARTMENT O F ENV=RONMENT H EALTH AN D NATURAL RE S OURC E S D=V= S=ON O F LAND RESOURCE S LAN D QUAL S T Y S E CT=ON P E R M = 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 Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Wilmington Materials, Inc. A. D. Royal Pit New Hanover County - Permit No. 65-05 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: December 14 . 2005 Page 2 of 9 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 September 3 , 1985 : This permit has been transferred to Oak Ridge Sand Company, Inc. from Jerry Gore Sand and Gravel Company. Page 4 of 9 3 . A. Sufficient buffer (minimum 15 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, 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. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. C. The recycling and processing facility are not considered part of the permitted or affected acreage of this permit. Said facility will be regulated under the Sedimentation Pollution Control Act until it is permanently stabilized. 5 . All mining permit boundaries (83 . 0 acres) shall be permanently marked at the site on 100 foot intervals unless the line of sight allows for larger spacing intervals. 6. The- angle -for -graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 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 . A. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. Page 5 of 9 B. The berm along the northwestern permit boundary shall be constructed as indicated on the mine map dated July 22 , 1992 . 9 . Sufficient buffer (minimum of 10 foot unexcavated) shall be maintained between any excavation and any mining permit boundary to prevent caving of adjacent property. 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 Division of Solid 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. B. Mining refuse as defined by G.S. 74-49 ( 14 ) of The Mining Act of 1971 generated on-site and directly associated witri 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 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 . A. 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. B. Prior to commencing any land disturbing activities outside of the permit boundaries on the Mine Map received by the Land Quality Section on September 7 , 1995, a modification request shall be submitted to and approved by the Department. 13 . A. The security which was posted pursuant to N.C.G.S. 74- 54 in the form of a $82 , 300 . 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. Page 6 of 9 B. This permit and corresponding reclamation bond shall cover the "sliver" of affected land located across the lake from the plant until said area is established with vegetation and released by the Department. The permit and bond shall not cover the recycling and processing facility outside the highlighted line indicated on the Mine Map received by the Land Quality Section on September 7 , 1995 . 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 7 of 9 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 8 of 9 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 . Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates Species Rate , Lbs/Acre February 15- April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October 25 Lespedeza (unscarified) 30 German millet 40 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 9 of 9 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 July 20, 1972 to Jerry Gore Sand and Gravel Company, transferred to Oak Ridge Sand Company, Inc. and renewed on September 3 , 1985, subsequently transferred to .Wilmington Sand and Gravel Company, Inc. on December 16, 1985, is hereby modified, renewed and transferred to Wilmington Materials,, Inc. this 14th day of December, 1995 pursuant to G.S. 74-52 and 51 , respectively. By: Charles H. Gardner, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment, Health and Natural Resources MINE RECLAMATION BOND CALCULATION WORKSHEET 10/16/95 (based upon 10-year mine/affected area plan) Permit No. �O5 OS I1 Permit tee/Applican : W1 Olil)qkrl d Lr ✓ice Mine Name: 4D AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE COST Tailings/ Sediment Ponds �_ Ac . X $. t7 / Ac. _ $ Stockpiles / - Ac . X $ 19V,6 / Ac . $ Wastepiles Ac . X $1 / Ac . _ $ Processing Area/ Haul Roads Ac . X $ /�QD�/ Ac . _ $ Mine Excavation _ Ac . X Ac . _ $ Other _0 Ac . X $ Ac . _ $ TOTAL AFFECTED AC. : E31) 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 ..3 0 Ac . b) Positive Drainage Ac . X $ 1500 / Ac . _ $ SUBTOTAL COST: $�_ Inflation Factor: 0 . 02 X SUBTOTAL COST: $ 'ys&1%J- V6w X permit life : /U (1 to 10 years) INFLATION COST: $ yD� TOTAL COST = SUBTOTAL COST + INFLATION COST = $ yc� TOTAL RECLAMATION BOND COST: $ (round down to the nearest $100} Page 3 of 9 December 16 . 1985 , This permit has been transferred from Oak Ridge Sand Company, Inc . to Wilmington Sand and Gravel Company, Inc . Ortober 22 . 1992 , This permit has been modified to include approximately 19 acres, expanding the permit boundaries as indicated on the attached mine map dated July 22 , 1992 . December 14 . 1995 , This permit has been modified to increase the permitted and affected acreage to 83 acres as indicated on the mine map received by the Land Quality Section on September 7 , 1995 . In addition, the permit has been transferred in its entirety to Wilmington Materials, Inc . Expiration Date This permit shall be effective from the date of its issuance until December 14 , 2005 . 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 ONDITIONS , 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 Water Quality Section, Division of Environmental Management, 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. B . During mining operations, water trucks or other means North Carolina Department of Environment and Natural E'�s,�o V �n Division of Land Resources, Land Quality Sectio In o MINE INSPECTION- REPORT u (PERMITTED MINE) 1. MINE NAME A . l7. Gi, It,-, P (�'rr 2. MINING PERM 3. OPERATORS k-, . 4 • ,-Y1 r' ",A fir., t , (iui) 4. COUN r'w f/:A &J I _e,( 5. ADDRESS 0 0 U/�nx 0� r,),/n-u,,,r /„lam ,cl,., h , ni,;< y /4•D+ :W A h c� 6. PERMIT EXPIRATION DATE Z00.5 t 7. RIVER BASIN ( c SFr! 8. Person(s) contacted at site K: ,& titi( .JN /-, -., 0 1 9. Was mine operating at time of inspection? El Yes � No 10. Pictures? ❑ Yes [�-No 11. Date last inspected: // aS/9V 12. Any mining since last inspection?,-, ❑-Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? Q,'Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ?l 'cs ❑ 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: 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: %,zr IS. Is the Annual Reclamation Report +/-map accurate? -En Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed'? ❑ Yes ,E�No Proposed date 20. No. of additional pages of Inspection Report O. 21. Copy of Report sent to operators / 14 / r5 (date) INSPECTED BY: DATE 2 min Telephone No: (?/il ) ; rt-5- White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 --�--..-.•..,�....-�.�c,,;,:.:s,:;�.�..ytF�A+._`..+�,.�'.'4,r„�;...•—...-w..«..-..,•--:..-.w-.....—:.s.-..r:...•:�^-n.u�.:.v�.r'�--•,rt,.^ "^'�-^."^` _..".�^�.:;.n••. �9 North Carolina Department of Environment, HeaBh, and Natural Resources, Division of Land Resources, Land Quality Section I� it Z661 So An � MINE INSPECTION REPORT p IJ -•�, / (PERMrr ED MINE) C 1. MINE NAME •�• (� uuu- V� 1< 2. MINING PERMIT# (95-05- 3. OPERATOR wi r1. 5. ADDRESS 1'-'.0. Pcx &u7 fA;/rx 24 V 6. 1 61 PERMIT EXPIRATION DATE 7. Person(s) contacted at site A'[, /r /'9/< ) /r X,.�P 8. Was mine operating at time of inspection? --,/O'Yes ❑No 9. Pictures? ❑Yes p No 10. Date last inspected:_/_/96 11. Any mining since last inspection? p Yes ❑ No 12. Is the mine in compliance with the Operating Conditions of the Permit? p-Yes ❑No If no, explain: 13. Is the mine in compliance with the Reclamation Conditions of the Permit? QYes ❑No If no, explain: 14. Did any of the above deficiencies result in offsite damage? ❑Yes ❑No If yes, describe the type and severity of the damage: 15. Corrective measures needed and/or taken: 16. Other recommendations and comments: / /r,' s SAu.� c i 17. Is the Annual Reclamation Report +/- map accurate? 4EYes ❑No (Explain) []Not Reviewed 18. Follow-up inspection needed? ❑Yes .ETNo Proposed date_/_7 19. No. of additional pages of Inspection Report i) . 20. Copy of Report sent to,operator p (date) INSPECTEDBY: DATE 7 7 Phone No: ( White copy to file Yellow copy to operator Pink copy to Mining Specialist 9/91 Y-7AAY dty?2 3dvo 15tJ�H1&ON � I i Sze e H16HWA J i / �W O , i6 k 0 ee O b b A•b O tb♦ N b _ b N n b !l�/I/fJ 211Y3j 3d D'J 7' y Q a f'I_I t: a e N 40 , - W W ! ! ! ! W W ! W ! >! 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Q feel: ` m Attach this form to the front of the mailpiece,or on the back it space 1. ❑ Addressee's Address y does not permit. .« Write"Return Receipt Requested"on the mailpiece below the article number. 2 ❑ Restricted Delivery G •'The Return Receipt will show to whom the article was delivered and the date U c delivered. Consult postmaster for fee. m m 3. #rticle Ac{drd to: cc _ /J 4a. Article /u r ^- Ei 4b. Service Type p // ❑ Registered ❑ Insured N ' 8-CSrtified t'S ElCOD 5 a I ❑ Return Receipt far El Express Merchandise w W 7. /ante ofelivpry, (/� / y T ZX 5. Si nat (AddressW 8. Addressee's Address (Only if requested Y / \� and fee is paid) cc f L 6. Signature (Agent) ~ 5 qPS Form 3811, December 1991 QU.S.GPO:1911 352-714 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE _ • P m � A✓� I II I � W P1 Official Business r U G IG OCT PENAL'TV'FOR-213IVATE ,y USE.10-AVOID,� Tv S95 DEC OCT 2 0 1995 D Print your i crass and d_ZIP Co a here • LAND QUALITY SECTION P. O. BOX 27687 RALEIGH, NC 27611-7687 MINE RECLAMATION BOND CALCULATION WORKSHEET 10/16/95 (based upon 10-year mine/affected area plan) Permit No. 61' -0S Permittee/Applicant: )1 of na ion /Yotr-tc h-; ) Mine Name: A D_f CdLaCL� /Jt AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE COST Tailings/ Sediment Ponds �_ Ac . X $_ Q / AC . _ $ O Stockpiles Ac . X $ &IDOO / Ac . _ $ 00 oD Wastepiles (0 AC . X $ Ac . _ $ Processing Area/ ' a Haul Roads i Ac . X $_( �D�/ Ac . _ $ �'� �•/� Mine Excavation -ML Ac . X $§QD 0 / Ac . _ $ Other 0 Ac . X $ �O_ / Ac . _ $ D TOTAL AFFECTED AC. : -83—D— Ac . Yy 9aa OD TPmmorary & 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 P 3,0 AC . b) Positive Drainage Ac . X . $ 1500 / Ac . _ $ (D SUBTOTAL COST: $ Inflation Factor: 0 .02 X SUBTOTAL COST: $ Jy q�(7� X permit life : /0 (1 to 10 years) INFLATION COST: $ Y.OU TOTAL COST = SUBTOTAL COST + INFLATION COST = $ T 1031, TOTAL RECLAMATION BOND COST: $ (round down to the nearest $100) -2 10/16/95 Bond Based Upon: Annual Reclamation Report Form Acreage Approved 10-Year Mine/Reclamation Plan Remarks : Bond Calculated By:�Wt IC.r�✓ Date of Bond Calculation: 0- // 9 * 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 . -v Ali Pryrlo �I Al I ' �(I Ili , _ _ _-_ _ �_ __ _ ' ll� I'I _ _ - 'II � � �' . � . State of Nortkarolina Department of Environment, Health and Natural Resources • Division of Land Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E Charles Gardner, P.G., P.E. Director and State Geologist October 13 , 1995 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Kyle H. McIntyre Wilmington Materials, Inc. P.O. Box 209 Wilmington, North Carolina 28402 Re: A. D. Royal Pit Mining Permit No. 65-05 New Hanover County Dear Mr. McIntyre: The review has been completed on the application you submitted for the above referenced mine site. However, the following is needed to continue processing your application: The reclamation bond calculation worksheet submitted with the application has been verified. The reclamation bond for this site is $ 82 , 300 . 00. The required bond or appropriate balance ($77 , 300. 00) will be required prior to approval of this renewal . Please be aware that, failure to submit the required bond may result in your mining permit being revoked. 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. , Wilmington Sand and Gravel Company or Wilmington Materials, Inc. DBA Wilmington Sand and Gravel Company. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. PLEASE BE ADVISED THAT THE RENEWAL CANNOT BE COMPLETED UNTIL THE NEW BOND AMOUNT HAS BEEN RECEIVED. 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 CERTIFIED MAIL Mr. McIntyre October 13 , 1995 Page 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 application, 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 udith A. Wehner Assistant State Mining Specialist Land Quality Section JW\ Enclosures cc: Mr. Dan Sams, P.E. Mr. Charles Gardner, P.G. , P.E. P 281 s76 03, Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Sent to Street and No. P.O.,State ind ZIP Code Postage Cthdtled Fee ,l Short DClivnry FEQ Restricted Delivery Fee m Return Receipt Showing ca to Whom&Date Delivered y Return Receipt Showing to Whom, e Date,and Addressee's Address J 71 TOTAL Postage 1 C &Fees Is Postmark or Date OD E `o LL N a STICK POSTAGE 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 receipt postmarked,stick the gummed stub to the right of the return address All leaving the recaipt attached and present the article at a past office service window or hand it to your rural carrier Ina extra charge). or 2. It 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. r, 3. If you want a return receipt, wrle the certified mail number and your name and address on a c return receipt card, Form 3811,and attach it to the front of the article by means of the gummed ends Ir spcce permits.Otherwise,affix to back of article.Endorse front of.article RETURN RECEIPT REQUESTED adjacent to the number. O O 00 4. If you want delivem restricted to the addressee,or to an authorized agent of the addressee, M endorse RESTRICTED DELIVERY on the front of the article. E' o` 5. Enter lees Im the services requested in the appropriate spaces on the front of this receipt If LL return receipt is requested,check tha applicable blocks in item 1 of Form 3811. ♦ d 6. Save this receipt and present it if you make agent. aU.S.GPO'.1991-302916 I � ll ' ��j�a��S �� � �I�. —� -zd.Q� �G�-aryl-�' �c�'.��'��- �l�i �- �� �� �� I� I I I �,I i� it - �I� I! �; .. ,�� ��; � _ ��� - - ; , � � � � III II. , , 11 i ilf I!I �ti i iii ��� i i i i i , - QQ DATE TO ASSI T L49 ^' *E TO SUSAN LOGGED IN MINING CHECKLIST FOR ROUTING ' Company U ) I(nt' n "I 1 IT) Project Name AD Ptik tQ Q rt� P Y u Permit No. ////606 County 12) k&6W101 Date Received Reviewers 0✓ Please make copies of check to include with Central Office and Field Office files and log in checks. * ❑ New ❑ Renewal ❑ Modification ❑ Transfer ❑ Release ❑ Additional Information ❑ Fee Needed ❑/Fee Received: Amount a 6V 60 Please route to:mi M,-�n✓'\ Field Office Date Routedq—oqO— 9 I ❑ Wildlife Resources Commission Date Routed * ❑ Archives and History Date Routed ❑ Other: Date Routed // d As Suspense Date for Comments: 10 95 P6 (Date ved +30 days, not on weekend) Please note the following: *SUSAN: Please make file and return Checklist and file to Reviewer White Copy to Field Office , Yell_ow and' Pink Copies to'File Goldenrod Copy to Susan WILMINGTON MATERIALS, INC. September 21, 1995 RECEIVED Judith A. wehner DEHNR State of North Carolina Department S� 2 s of Environment,Health and Natural Resources Land Quality Section PO Box 27687 LAND QUALITY SECTION Raleigh,North Carolina 27611-7687 RE: Modification Request Judith: In response to your letter dated September 11, 1995 on A.D. Royal Pit Permit N 6M5,I have enclosed four maps and a check for the modification fee of$250.00. The enclosed maps show the old permit area along with the proposed permit area. If any further information is needed please let me know. I would also like to thank you in advance for your cooperation. Sin=I , le I-I. McIntyre .dent Enclosures POST OFFICE BOX209 0 HIGHWAY421NORTH ■ WILMINGTON,NC28402 ■ (910)763-4569 0 FAX(910)762-2815 \'.ID 47C; qw WILMINGTON MATERIALS, INC. CHECK NO. RECEIVED AA.- DEH N R CFP 7 6 iocF LAND QUALITY SECTiCN WILMINGTON MATERIALS, INC. Cl]ECK NO tun NEF NO: IvO tX INV010E4N0 F' I NVOILE oa*ei.j f�NV01y AIFIWM - ANIDUN VAIU S"'j j g50001i aTN(EX �A :1 S YSE"no.l . State of North Carolina Department of Environment, Health and Natural Resources Division of Land Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary f�1 Charles Gardner, P.G., P.E. Director and State Geologist September 11 , 1995 Mr. Kyle H. mcIntyre Wilmington Materials, Inc. P.O. Box 209 Wilmington, North Carolina 28402 Re: Permit No. 65-05 Application Received: September 7 , 1995 New Hanover County Dear Applicant: A cursory review has been completed on the information you submitted for the above referenced mine site. The information noted on the attached checklist is required to complete your application. If the information has not been received by this office by the indicated deadline, your application may be disapproved. PLEASE BE ADVISED THAT YOUR APPLICATION IS NOT COMPLETE UNTIL ALL OF THE ITEMS LISTED ON THE ATTACHED CHECKLIST HAVE BEEN FULLY ADDRESSED. 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 P. 0. Box 27687 Raleigh, N. C. 27611 Please contact me at ( 919 ) 733-4574 if you have any questions. Sincerely, I,' udith A. Wehner Assistant State Mining Specialist Land Quality Section JW\ cc: Mr. Dan Sams , P. E. Mr. Charles Gardner, P.G. , P.E. 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 CHECKLIST FOR REQUIRED INFORMATION The follog information is required by 15A NCAC 5B . 0004 and win 00 in order for the application to be deemed comp e e. If the information is not received within days of the date of this checklist, the review will cease and the application file will be closed or your application may be disapproved. Applicant: Wilmington Materials inc. Date: 9/1195 Project: A D. Royal Pit Time called: Application/Permit No: 65-05 County:New Hanov Initials: JW Date Received: 9/7/95 Mining permit boundary missing or confusing on map. Buffer zones missing from map. Access road and appropriate sediment and erosion control devices missing. Location map sufficient to allow on-site inspection was not provided. Stockpile and processing areas not indicated on the mine map. Land entry agreement not provided (for leased land_) . Affidavit of Notification not completed and notarized. Notification of all adjoining landowners not complete. Copies of the return receipt cards not submitted. Appropriate application fee not submitted. X Other: A review of your existing permit indicates that your are increasing your permitted acreage from 30 acres to 83 acres . This will require you to submit a modification request along with your renewal request. Please submit a modification fee of $250 . 00 so that your request may be processed further. SW) 116 ru�J K2 North Carolina Wildlife Resources Commission 91 512 N. Salisbury Street,Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood,Executive RECEIVED DEHNR MEMORANDUM F�EP 5 lqc� TO: Susan B. Edwards Mining Program Secretary Land Quality Section LAND QUALITY SECTION 1 ;Av FROM: William Wescott Coastal Habitat Coordinator DATE: September 22, 1995 SUBJECT: Mining Permit Renewal and Modification Request for Wilmington Materials, Inc., A D Royal Pit, New Hanover County. Permit # 65-05. Staff biologists with the Wildlife Resources Commission have completed a review of the project with regard to associated impacts on wildlife and fishery resources in the area. A site visit was conducted on September 21, 1995. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661- 667d), Section 401(b) of the Clean Water Act of 1977 (as amended), and the North Carolina Mining Act of 1971 (as amended, 1982; G.S. 74-76 et. seq., 15 NCAC 5). The applicant is requesting a permit renewal and modification to continue mining sand from a 83 acre tract of land. The area will be left as a pond upon completion. The application narrative and a site visit revealed proposed 3:1 slopes, and no buffer between mining activities and wetlands/watercourses. We request a 30 foot minimum buffer between mining activities and wetlands. We recommend that reclamation occur simultaneous with mining activities and that a mixture of browntop millet, sericea lespedeza and shrub lespedeza be used instead of bermuda grass for reclaiming berms, slopes, processing facilities, stockpile areas, and on-site roadways. This recommended mixture has proven to provide excellent ground cover and stabilization as well as food and habitat for various wildlife species. Rye grain should be substituted for browntop millet during fall and winter planting. Trees should be part of the final reclamation effort. Desirable tree packets can be obtained through the Forest Service. Thank you for the opportunity to comment on this project. If you have any concerns regarding our comments, please contact William Wescott at (919) 927-4016. WW/fm cc: Wilmington Materials, Inc. TREE SEEDLING PRICES 1 995- 1 996. CO.0ES SPECIES SELLING PRICES CODES SPECIES SELLING PRICES: PINES PER BAG HARDWOODS CONT. PER BAG 61 Loblolly Pine Coastal Improved 1st Gen. See Chart Below 32 River Birch 1 Yr. 15.00/1 On 02 Loblolly Pine Coastal.Improved 2nd Gen. See Chart Below 33 Roughleaf (Swamp) Dogwood 1 Yr. 15.00/1 CD 03 Loblolly'Pine Piedmont Improved 2nd Gen. See Chart Below 34 Sawtooth Oak 1 Yr, 20.00/lOU 04 Longleaf Pine Improved 1 Yr:%, 20.00/250 35 Southern Red Oak 1 Yr. 20.00/1011 05- Longleaf Pine Improved-2 Yr._)} 8.00/100 36 Southern Waxmyrtle 1 Yr. 15.00/10II' '66 - Longleaf Pine-Improved Containerized 1 Yr. 34.25/250 37 Spicebush 1 Yr. 15.00/10D 07 Pond Pine.Improved 1Yr. 32.00/1000 38 Sugarberry 1Yr. 15.00/1CN 08 Shortleaf Pine 1 Yr. 28.00/1000 39 Swamp Blackgum 1 Yr. 15.0 - 09 Virginia,-i Improved 1 Yr. 35.00/1000 40 Swamp Chestnut Oak 1 Yr. - 20.OqW 10 White Pin`i Improved 2 Yr. 30.00/500 41 Sweetgum 1 Yr. 15.00/1 CC - 'CEDAR/CYPRESS 42 Sycamore Improved 1 Yr. 16.00/100 11 Atlantic White Cedar 1 Yr. 55.00/500 43 Water Oak 1 Yr. 20.00/10D 12 . .Eastern Red Cedar 1 Yr. 35.00/500 . 44 Water Tupelo 1 Yr. , 15.00/100 13 Easiem Red Cedar 2 Yr. 40.00/500 45 White Ash 1 Yr. 15.00/10D .14,, Baldcypress 1 Yr. 12.00/100 46 White Oak 1 Yr. 20.00/104 4y HARDWOODS 47 Willow Oak 1 Yr. 20.00/1OD 15 'Blackgum . 15.00/100 48 Yellow Poplar 1 Yr. 15.00/10D 16 Black Cherry Improved 1 Yr. 16.00/100 FIR 17 Black Locust 1 Yr. 15.00/100 49 Fraser Fir, Purchaser Lifted 2 Yr. 80.00/1 OnG 18 Black Walnut East 1 Yr. 26.00/100 50 Fraser Fir Improved Purchaser Lifted 2 Yr. 90.00/1060 19 Black Walnut West 1 Yr. 26.00/100 51 Fraser Fir Improved 3 Yr. 175.00/1600 20 Boxelder 1 Yr. 15.00/100 52 Fraser Fir Improved Purchaser Lifted 3 Yr. 110.00/160C 21 BUttonbUsh 1 Yr. 15.00/100 SPECfAL PACKAGES r a _ r' 22 Cherrybark Oak 1 Yr.. 20.00/100 53 - Conservation Pack Eastern ed Cedar adc ->.r-* w�'-s.�._9i s'n sr N" s x'A `ycfi x': Y , p 23 Chestnut Oak 1 Yr. 20.00/100 ¢4 Consar�vati6NPack Eo61olly , g �� 10 0 24 Chinese Chestnut 1 Yr. 20.00/100 55 ,'Conservatton;Pack Longleaf; ` 20 01 �c 25 Green Ash 1 Yr. 15.00/100 i56C noervation Pack White Ple f 26 Hazel Alder 1 Yr. 15.00/100 57 ' Env ronm entallPackEast Species s 35 00/p xlc; 27 Hickory 1 Yr. 20.00/100 56 y *Enwronmental,Pack West Spectes ''r 35 00/pas.;c 28 Northern Red Oak 1 Yr. 20.00/100 59 ^ Wetlands Pack Species` y y t�bO o0azk 29 Overcup Oak 1 Yr. 20.00/100 � 60..,,.� W1ldlife yPackMEast Spectes -,-•� �� -ta �L,�� p 30 Persimmon 1 Yr. 15.00/100 61t W1ldhfePack West Spectesy ;n= °_+ 40 00/pads 31 Red Maple 1 Yr. 15.00/100 ,, DEIIVERYCOSTINCLUDED � } DELIVERY, ADD $3.00 PER BAG A limited number of the following species will be grown with Mycorrhizae: White LOBLOLLY ONLY (PRICE PER 1000) pine, Loblolly Pied 2nd gen., and Fraser fir 3yr.Imp. Purchaser Lifted, for an additional$10.00 per/1000. Number Desired 1st Gen ad Gen j 1,000-99,000 32.00 37.00 Seedling treatment for both pales and deer browse control will be available for an 100,000-499,000 30.00 35.00 additional $3.00 per thousand. This treatment will be available for the following 500,000 or more 29.00 34.00 species only: Loblolly pine,Virginia pine, Shortleaf pine, Pond pine and White pine. See your ranger/forester for recommendations. _Sccei-6s of addiumal specie wY be availaEle i(twplosea in custom Ids Eevclop.If Yon asinteesnd.<onua your munry linen ranger. - i r .� qt. fly?;1R 9,y•,,t1n;. TREE SPECIES CONTENT j ENVIRONMENTAL, WILDLIFE, AND WETLAND PACKS 1995-96 ENVIRONMENTAL PACK WEST ENVIRONMENTAL PACK EAST Loblolly Pine 25 seedlings Loblolly Pine 25 seedlings Eastern White Pine 25 seedlings Eastern White Pine 25 seedlings 4hortleaf Pine ,;° 5 seedlings; . Longleaf Pine 10 seedlings Virginia Pine 5 seedlings : Eastern Red Cedar 5 seedlings Yellow Poplar , , 5 seedlings , Yellow Poplar 5 seedlings American Sycamore 5 seedlings : Sweetgum 5 seedlings Baldcypress 5 seedlings American Sycamore 5 seedlings Black ,Locust 5 seedlings Baldcypress 5 seedlings Willow Oak 5 seedlings Water oak 5 seedlings Green Ash 5 seedlings Cherrybark Oak 5 seedlings White Oak 5 seedlings Green Ash 5 seedlings Chestnut Oak 5 seedlings VILDLIFE PACK WEST ry1WILDUIFE-PACK=-EAST' ( 10 Seedlin s of each species ) ( 10 Seedlings of each species ) awtooth Oak Sawtooth Oak lack Cherry' Black Cherry lowering Dogwood Flowering Dogwood lackgum Water Oak lack Walnut Southern Red Oak hinese Chestnut Black Walnut ommon Persimmon Sugarberry lickory White Oak illow Oak Common Persimmon hestnut Oak Cherrybark Oak WETLAND PACK ( 10 Seedlings of each species ) Baldcypress Pond Pine Southern Waxmyrtle Water Tupelo Willow Oak Roughleaf Dogwood Swamp Chestnut Oak Red Maple Hazel Alder Overcup Oak :c you nPerti a �;o.wl ^ " rMc�Fro� or seedl;n� orJa vrmS , pieaSL Con'kJ or -4:5A one cA eke �ojjow; ", (y19) '131 -111S13 EJw,"), N-Jrs¢r , MG O.C. q33 -w,�7U C�ur'� e IV .� Go� i�Joti, N•C• Or ar%y ().10 --L:{ or cov,� State of Nortkarolina • Department of Environment, Health and Natural Resources • • Division of Land Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ID E H N FR Charles Gardner, P.G., P.E. Director and State Geologist September 8 , 1995 D IE C E�1 V E MEMORANDUM S E P 2 5 1995 D To: Mr. William Wescott Habitat Conservation Program Coordinator By Wildlife Resources Commission From: Susan B. Edwards >&C_� Mining Program Secretary Land Quality Section Re: Mining Permit Renewal Request for Wilmington Materials A D Royal Pit - Permit No. 65-05 New Hanover County Please find attached for your review a copy of the mining permit renewal 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 October 7 . 1995 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 Ms. Judy Wehner at (919) 733-4574 if you have any questions. SBE Attachments cc: Mr. Dan Sams 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 State of NortMarolina Department nvironment, Health and Natural Resources • Division of Land Resources James B. Hunt, Governor IDF o ^ , p Jonathan B. Howes, Secretary C iQ-7 9 V irl Charles Gardner, P.G., P.E. Director and State Geologist September 11 , 1995 Mr. Kyle H. mcIntyre Wilmington Materials , Inc. P.O. Box 209 Wilmington, North Carolina 28402 Re: Permit No. 65-05 Application Received: September 7 , 1995 New Hanover County Dear Applicant: A cursory review has been completed on the information you submitted for the above referenced mine site. The information noted on the attached checklist is required to complete your application. If the information has not been received by this office by the indicated deadline, your application may be disapproved. PLEASE BE ADVISED THAT YOUR APPLICATION IS NOT COMPLETE UNTIL ALL OF THE ITEMS LISTED ON THE ATTACHED CHECKLIST HAVE BEEN FULLY ADDRESSED. 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 P. O. Box 27687 Raleigh, N. C. 27611 Please contact me at ( 919 ) 733-4574 if you have any questions. Sincerely, q �- t0� udith A. Wehner Assistant State Mining Specialist Land Quality Section JW\ cc: Mr. Dan Sams , P. E. Mr. Charles Gardner, P.G. , P.E. 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 CHECKLIST FOR REQUIRED INFORMATION The following information is required by 15A NCAC 5B .0004 and . 0012 in order for the application to be deemed complete. If the information is not received within days of the date of this checklist, the review will cease and the application file will be closed or your application may be disapproved. Applicant: Wilmington Materials , inc. Date: ' 9/1195 Project: A. D. Royal pit Time called: Application/Permit No: 65-05 County:New Hanov Initials: JW Date Received: 9 L/95 Mining permit boundary missing or confusing on map. Buffer zones missing from map. Access road and appropriate sediment and erosion control devices missing. Location map sufficient to allow on-site inspection was not provided. Stockpile and processing areas not indicated on the mine map. Land entry agreement not provided (for leased land_) . Affidavit of Notification not completed and notarized. Notification of all adjoining landowners not complete. Copies of the return receipt cards not submitted. Appropriate application fee not submitted. X Other: A review of your existing permit indicates that your are increasing your permitted acreage from 30 acres to 83 acres. This will require you to submit a modification request along with your renewal request. Please submit a modification fee of $250. 00 so that your request may ,be-processed further. .._.... .... ,-�.�vN*/oG7h'PNUL�.�4'%f:4i'4',R.l°F,i+�Jc+V"'kwt^j5!nQ�ti:'r�i'it$!13''Mf'J7Sl�i�o:A.'�:5,.�!$ri`.' .�`�5 rm ,,.v`LY°:�'A,,d'pY*l`!�r'�^�0%J;�urni4i\.li%rii'M�f".:.;:.-:4. •-•r:-.n:r4q DATE TO ASSI IT E TO SUSAN LOGGED IN MM*aNGyyC�HECKLIST FOR ROUTING( ' company 1J' M AQ (( �VAtOK Qk Project Name fQ YZ f Permit No. i -C6 County Date Received S� Reviewer 1 Please make copies of check to include with Central Office and Field Office files and log in checks. * ❑ New /Renewal ❑ Modification ❑ Transfer ❑ Release ❑ Additional Information ❑ Fee Needed ,o� ✓✓ Fee Received: Amount 4 Please route to: Q Q ���,U,hmina Field Office Date Routed i Wildlife Resources Commission Date Routed * Archives and History Date Routed ❑ Other: Date Routed Suspense Date for Comments: Ib ? qJ (Date received +30 days, not on weekend) 1-11 ,Z Please, note the following: ° iMtk4 *SUSAN: Please make file and return Checklist and file to Reviewer White Copy to Field Office Yellow and Pink Copies to.File Goldenrod Copy to Susan State of Nort•Carolina17 Department of Environment, Health and Natural Resources A • Division of Land Resources la o James B. Hunt, Governor ® EHJonathaa n B. Howes, Secretary Charles Gardner, P.G., P.E. Director and State Geologist September 8, 1995 MEMORANDUM To: Mr. William Wescott Habitat Conservation Program Coordinator Wildlife Resources Commission From: Susan B. Edwards &Lv Mining Program Secretary Land Quality Section Re: Mining Permit Renewal Request for Wilmington Materials A D Royal Pit - Permit No. 65-05 New Hanover County Please find attached for your review a copy of the mining permit renewal 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 October 7 . 1995 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 Ms. Judy Wehner at (919) 733-4574 if you have any questions. SBE Attachments cc: Mr. Dan Sams 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 WILMINGTON MATERIALS, INC. CHECK NO. • • '" CEPL-3 . ` . ± r. .�� � � . . _: €' � � . Q.Ci�JI CL�3� • � `i7 cab 6/q MfR PER NQ' YOUR INNOILE NQ� �NVOIfE OATE�� �!0V0CE WU WILMINGTON MATERIALS, INC. CHECK NO Kee � .Y OUNT.Pl141l r �'" o�couxrmReu" ,7 NEf CNEQIA ulR %�. rei;w :ww_, . ' _:l "avaorua'xeu rt« asv. .�m, Yl 3'?iazmc..3�w_rn.rrl L xs..v..�sxn St 4. mxxm'uv:rvnm:x=�. f i I I I i I I WILMINGTON MATERIALS, INC. T RECEIVED DEHNR SEP - 7 19P5 LAND QUALITY SECTION September 5, 1995 N.C. Department of Environment,Health and Natural Resources P. O. Box 27687 Raleigh N.C. 276 1 1-7687 RE: Renewal -A.D. Royal Pit Dear Mr. Davis: Enclosed please find our renewal information forms,maps,most recent Mine Inspection Report and Release Request Form. I hope that this is complete and acceptable. Thank you for your help. Also Carol Miller and Dan Sams have been great to work with. Sin ly, Kyle A McIntyre President POST OFFICE BOX209 0 HIGHWAY421NORTH ■ WILMINGTON,NC28402 0 (910)763-4569 0 FAX(910)762-2815 �,�- �l� � � � � � � � �� � �� �� ���� � 1r--�`' NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine A tD ROYAL PIT County NEm EAmmiPR 2. Name of Applicant* wir mimamnm mATFR i AT i m(- 3. Permanent address for receipt of official mail** P 0 BOX 209 WILMINGTON, NC 28402 Telephone 910-763-4560 4. Mine Office Address 3612 HWY1I421NORTH WILMINGTON, NC 28402 Telephone gin-76'i-456n 5. Mine Manager NATHANIEL JOHNSON 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 X Date g 95 Print Name KYLE H MCINTYRE Title 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 or other 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&qd all required maps provided before this application can be considered complete. Attach additional sheets as needed. 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 mus[ be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE Answer 1U of the following that apply: 1. a. If this is an application for a NM 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.: 6s-s Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 83 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 in the previously appproved 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 AU 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: 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. Indicate the approximate longitude and latitude, in degrees-minutes-seconds, of the center of the mine site: LONGITUDE Quadrangle: LATITUDE (dd-mm-ss): -7 R _-- W 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 Self-loading Scraper Other (explain) 5. a. Expected maximum depth of mine (feet) 2p_ Reference elevation: b. Expected average depth of mine (feet) 6. Has any area(s) at this site been mined in the past? Yes x No_ 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: 2 n acres (identify all area on your mine map(s)). d. When and by whom was this activity conducted? 8- 5 BY WI ,NTNGTON NATRRI AT.R . LNC e. Do you wish to exclude any areas noted in 6a or c from this permit application? Yes_ Now. 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 ,0 acres Forestry acres Fish/Wildlife acres Recreation acres Other acres (Specify use: ) 8. Proposed land use after mining and reclamation has been completed (estimate acreage for each): Cropland acres Pasture acres Forestry acres Fish/Wildlife _a2_acres Recreation acres Other acres (Specify use: ) 9. Number of years for which the permit is requested (10 years maximum): 10 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 ma along with their corresponding (approximate) acreage. As a reminder,min�g 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 dururg 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. gg 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. Outline and acreage of all settling and/or processing wastewater ponds. Location and acreage of all planned and existing access roads and on-site haul roads. 1. Location of planned and existing on-site buildings. in. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100 year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all adjoining land. p. 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 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 PERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY . AFFECTED ACREAGE Tailings/Sediment Ponds 0 Stockpiles . 5 Wastepiles 0 Processing Area/Haul Roads 2 . 9 Mine Excavation 52 . 76 Other 0 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 THLS APPLICATION FORM (PLEASE NOTE THE ITALICIZED BE�CONSID/SERED COMPLETE�OM WITHOUT ALL RELTHROUGHOUT THE EVANT ITEMS. THIS BLICATION WILL NOT EING EING 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 DX No . If yes, briefly describe all such processes including any chemicals to be used. WE PUMP THE MATERIAL WITH A DREDGE. IT GOES TO A SCREEN THEN INTO TWO SAND SCREWS AND THEN UP TO CONVEYORS. b. Will the operation involve discharging fresh or waste water from the mine or plant? Yes X No /f 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). ALL THE WATER THAT IS PUMPED WITH THE DREDGE WILL RETURN TO THE POND WITHOUT THE SAND; c. Will any part of the proposed mine excavation(s) extend below the water table? Yes x No_. 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 on the mine map(s) that lie within 500 feet 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 12 ft. Low 2 ft. What is the source of this information? 10 YEARS EXPERIENCE e. 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, NPDFS, etc.) from the Division of Environmental Management, Water Quality Section. NOT APPLICABLE -6- APPLICATION FOR A MINING PERMIT 2. 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 Environmental Management, Air Quality Section, or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? WATER TRUCK 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. WE DIG OFF THE TOP FOUR TO TEN FEET OF SAND ABOVE THE WATER TABLE AND THEN DREDGE BELOW THE WATER TABLE. 4. Describe specific erosion ntrol 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 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. ALL OF THE SAND IN THIS AREA IS VERY COARSE. THERE IS NO RUN OFF ASSOCIATED WITH THIS OPERATION. -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). SEE MAP - A BERM HAS BEEN BUILT NEXT TO ALL ADJACENT PROPERTY EXCEPT NEXT-TO THE SWAMP. 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). WATER WILL BE THE BUFFER ZONE"DUE TO DREDGING. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. NOT APPLICABLE 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 if they are within 300 feet of any proposed excavation. NOT APPLICABLE -8- s APPLICATION FOR A MIIYING 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). BERM d. 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 and/or slope drains (with supporting design information) if needed, and the method of final stabilization. SEE MINE MAP. e. In excavation(s) of unconsolidated (non-rock) materials, specify the an le of all cut slopes including specifications for benching and sloping. Cross-sections for all cut slopes must be provided on the mine map(s). 3 : 1 f. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross- sections of the mine excavation clear yt noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. NOT APPLICABLE 7. Are acid producing minerals or soils present? Yes Now_. How will acid water pollution from the excavation, stockpiles and waste areas be controlled? -9- 0 APPLICATION FOR A MINING PERNIIT 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 map(s) and provide cross-sections through all proposed berms or proposed spacings, sizes and species for tree plantings. (SEE MAPS-BERMS) 9. 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. Locate the nearest offsite occupied structure(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 10. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yeses No /f 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). ONLY SMALL QUANTITIES ARE EVEN PRESENT' ON SITE. 11. Are any processing waste, overburden or other such mine wastes to be disposed of off-site? Yes_ No_y __. If yes, describe in detail what these wastes are and how they will be disposed. Attach a separate site map(s) showing the location(s) of the disposal area(s). Include all specifications for erosion and sediment control. -10- r 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. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). ALL SLOPES ADJACENT TO THE POND WILL BE GRADED (TO AT LEAST A 3 : 1 SLOPE) AND PLANTED WITH BERMUDA GRASS: A LARGE POND WILL BE THE FINISHED PRODUCT. (SEE MAP. ) 2. a. 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-sections) through the proposed 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? Yeses No_. If yes, specify species. BASS; CATFISH, "BRIM, MINNOWS (ONE ALIGATOR AT PRESENT) 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 map. NOT APPLICABLE -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. SEE MAP-BERMS 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. NOT APPLICABLE 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. ALL SAND PROCESSING EQUIPMENT WILL BE REMOVED. THE STOCKPILE AREAS AND THE PLANT SITE WILL BE GRASS. b. Will any on-site roadways be left as part of the reclamation? Yes No X If yes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization. -12- APPLICATION FOR A MINING PERMIT 6. Describe the method of reclamation of settling ponds and/or sediment control basins. NOT APPLICABLE 7. Describe the method of control of contaminants and disposal of scrap metal,junk machinerryy, 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,Health,and Natural Resources, Land Quality Section Md 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 of items to be disposed in said areas. ALL WILL BE REMOVED FROM THE PROPERTY. 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 par of the reclamation plan. Indicate the locations) of all permanent channels on the reclamation map. NOT APPLICABLE 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 maps) 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. WE WILL BE MAKING THE POND BIGGER EACH YEAR UNTIL WE RUN OUT OF SAND. THEN WE WILL REMOVE ALL EQUIPMENT AND SCRAP PILESA,AND THEN GRADE AND GRASS THOSE AREAS : -13- 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 o($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 annroximwe acreage for each aspect Qf the miningQneration that you intend to affect during (jfgsf this minis permit (in addition please insert the a r reclamation r each cat�ory from the Schedule of Reclamation Costs provided with this annhcanon form): AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE COST Tailings/Sediment Ponds 0 Ac. X $ 0 /Ac. = $ 0 Stockpiles • 5 Ac. X $ 1800 . /Ac. = $"9 0 0 Wastepiles 0 Ac. X $ 0 /�1c• _ $ 0 0� Processing Area/Haul Roads 2 . 9 Ac. X $ 00 1� /Ac. = $,im Mine Excavation 79 . 6 Ac. X $ son /Ac. = $.;o , a n n Other 0 Ac. X $ n /Ac. = $ 0 TOTAL ACREAGE: 83 Ac. SUBTOTAL COST: $44 , 470 . 00 Additional Reclamation Cost Factors: a. Inflation: for permit life of 1 to 5 years: SUBTOTAL COST X 0.10 = $ ❑ for permit life of 6 to 10 years: SUBTOTAL COST X 0.25 = $ 11 , 117 . 50 b. Mobilization: SUBTOTAL COST X 0.40 = $ 17 ,788 . 00 c. Administration: SUBTOTAL COST X 0.20 = $ 8 , 894 . 00 a + b + c = $ 37 , 799 . 50 + SUBTOTAL COST = $ s2 , 96A _ sn TOTAL &BCLW[ATION BOND COST: _ $ 82 , 300 (round down to the nearest $100.00) -15- APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "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) We 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 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 land ajoining 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. NOTE: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND FOR PERMIT MODIFICATIONS THAT ADD ADJACENT LAND TO A MINING PERMIT. ■ SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -16- REOUE S T FOR =NFORMAT=ON Name, address, and telephone number of person requesting information: �DiJ't GuD( t' I fill ✓6 fJ '` ZVI rlli�tl� /l Ci O L Information to be sent (check all that apply) : L9 Business Card M1* Mining Act of 1971 ❑ Administrative Rules 81/ Application Form B Schedule of Reclamation Costs NIp ❑ Mining Brochure 2" Guidelines on Reclamation Bonds ` 2" Assignment of Savings Account Form t� Irrevocable Standby Letter of Credit Form L9� Surety Bond Form L5� Renewal Checklist ❑ Modification Checklist ❑ Transfer Checklist ❑ Annual Reclamation Report Form ( 2 copies) ❑ Other: * Susan - After sending the above information: ❑ PLEASE FILE THIS FORM UNDER REQUESTS FOR / INFORMATION B' PLEASE FILE THIS FORM IN THE MINE FILE (PERMIT NO. 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[n N Iwn -• N A O O q N N A t� �: A 4 IV Iv y Ilj N (n b b O U A U b N N _ O b lb O _ q -• N U U U W lb _ t� L m F F F F F F F F F F F F m F F m F m m F F F F m m m F m m m F F F F m mLn �n I w N q = -. b -. a -. -. N m - N m _ N ti o N m N -• N -. o rf� #NA !!b., VA OU OW U0 0O V W W b O Oq q V) CAPE FEAR RIVERN N O O V A N b ONi A q N _ I O � •, � 2 - cn r Ji n L ti 21^ O O DO r O I r n m m n S'n • , I , II I NORTHEAST CAPE FEAR RIVER State of North Carolina Department of Environment, Health and Natural Resources / • • Division of Land Resources �0 James B. Hunt, Governor Jonathan B. Howes, Secretary Charles Gardner, P.G., P.E. Director and State Geologist September 11 , 1995 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Kyle H. McIntyre Wilmington Materials, Inc. P.O. Box 209 Wilmington, North Carolina 28402 Re: A. D. Royal Pit Permit No. 65-05 New Hanover County Dear Mr. McIntyre: An inspection was made of the above mine on August 12 , 1995 in accordance with G.S. 74-56 of the Mining Act of 1971 . The area at the site requested to be released as indicated on the mine map (received by the Land Quality Section on April 18 , 1995) has been found to be satisfactorily reclaimed. This area totals 20 . 0 affected acres. Therefore, you are released from further reclamation responsibility for this area with respect to the Mining Act of 1971. As a reminder, your permitted and affected acreage is now 10 acres. Please note that we have received your renewal and modification requests and are processing your requests at this time. We will respond to your requests in the very near future. Very truly yours, Charles H. Gardner, P.G. , P.E. CHG/jw cc: Mr. Dan Sams , P.E. 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 �fi 3I} 3 State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Governor October 22 , 1992 Charles H. Gardner, P.G., P.E.. William W. Cobey, Jr., Secretary Director and State Geolopst Mr. Kyle McIntyre Wilmington Sand & Gravel Company, Inc. P. O. Box 209 Wilmington, North Carolina 28402 RE: Permit No. 65-05 Royal Pit New Hanover County Dear Mr. McIntyre: As we have recently received the additional $2, 500 . 00 Assignment of Savings Account increasing your reclamation bond for this site to $5 , 000 .00, your request to have Mining Permit No. 65-05 for the Royal Pit in New Hanover County modified to allow mining activities on approximately 19 acres as indicated on the attached mine map dated July 22 , 1992 has been approved. A copy of the modified permit is enclosed. The conditions in the modified permit were based primarily upon the initial application. Modifications were made as indicated by the modification request and as required to insure compliance with The Mining Act of 1971 . I would like to draw particular attention to Operating Condition Nos . 3 , 4 .B, 5.B, 9 and 10 .A and B. The expiration date, mine name and permit number shall remain the same as before the modification. The issuance of a mining permit and/or any modification to it does not supercede local zoning regulations. The responsibility of compliance with any applicable zoning regulations lies with you. As a reminder, the permitted acreage for this site is approximately 30 acres and includes the total body of water, while you are approved to affect up to 10 acres at any one time. Geological Survey Section land Quality Section Geodetic Survey Section (919) 733-2423 (919) 733-4574 (919) 733-3836 P.O. Box 27687 • Raleigh, N.C. 27611-7687 • Telephone(919)733-3833 An Equal Opportunity.Affirmative Action Employer :Page 2 October 16 , 1992 Please review the modified permit and advise this office at (919) 733-4574 should you have any question concerning this matter. FSinc ely, acy' EtDavis, E. I.T. Mining Specialist Land Quality Section Enclosure cc: Mr. Dan Sams ]DIE:PARTMENT O F ENV=RONMENT HEALTH AN D NATURAL RE S OURC E S I7=V=S=ON O F LAND RESOURCE S LAND QUAL=T Y S E CT=ON P E R M = 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 Rule 15A NCAC 5 B, and other applicable laws , rules and regulations Permission is hereby granted to: Wilmington Sand and Gravel Company Royal Pit New Hanover County - Permit No. 65-05 for the operation of a Sand Mine which shall .provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: SEPTEMBER 3 . 1995 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 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 September 3 , 1985 : This permit has been transferred to Oak Ridge Sand Company, Inc. from Jerry Gore Sand & Gravel Company. December 16, 1985: This permit has been transferred to Wilmington Sand & Gravel Company, Inc. October 22 , 1992 : This permit has been modified to include approximately 19 acres , expanding the permit boundaries as indicated on the attached mine map dated July 22 , 1992 . Page 3 of 8 Expiration Date This permit shall be effective from the date of its issuance until September 3 , 1995. 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 . Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. 2 . Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. 3 . Any mining activity affecting wetlands shall be in accordance with the requirements and regulations promulgated by the U.S. Army Corps of Engineers. 4 . A. 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. B. A 15 foot undisturbed buffer shall be maintained between any land disturbing activity and wetland areas. 5 . A. 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. B. Any drainage from land disturbing activities within the permitted boundaries noted on the attached mine map dated July 22, 1992 shall be directed internal to the excavation. 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 offsite damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. Page 4 of 8 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 . A. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. B. The berm along the northwestern permit boundary shall be constructed as indicated on the attached mine map dated July 22 , 1992 . 9 . Sufficient buffer (minimum of 10 feet unexcavated) 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 side slopes to the required angle. 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 unless authorization to conduct said disposal has first been obtained from both the Division of Solid 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. 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 products, acids, solvents or their storage containers or any other material that maybe 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. A. 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. B. Prior to commencing any land-disturbing activities outside of the highlighted permit boundaries on the attached mine map, a modification request shall be submitted to and approved by the Department. Page 5 of 8 13 . The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $5 ,000 .00 assignment of savings account ' ( 2 - $2 , 500 . 00 Assignment of Savings Accounts and CD's) 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. 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. a 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. 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. Page 7 of 8 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter above the water level . 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 waste disposal shall be in accordance with Operating Condition No. 10 .A. and B. 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 follows: Seeding Mixture Species Rate, lb/acre Seeding Dates Pensacola Bahiagrass 50 Apr. 1 - July 15 Sericea lespedeza 30 Centipede 5 German millet 10 Soil Amendments Fertilizer: according to soil tests or 500 lb/acre 10-10-10 Lime: according to soil tests or 3 ,000 lb/acre ground limestone Mulch 4 , 000 - 5 ,000 lb/acre grain straw anchored by asphalt, roving or other acceptable method Pine trees shall be planted as recommended by the Forest Service in the revegetated areas. ' Page 8 of 8 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. This permit, issued July 20 , 1972 to Jerry Gore Sand & Gravel Company, transferred to Oak Ridge Sand Company, Inc. and renewed on September 3 , 1985 , and subsequently transferred to Wilmington Sand & Gravel Company, Inc. on December 16, 1985 , is hereby modified this 22ndd day of October, 1992 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 r ...� �- -4Z&- , .11 ---',- '- �, f -. .,, -_. . �—' 7-, 7 ....... 4L �AN -7. -Z SL6K 7 n Ai ci)E)L is 5 rAl R it V N MTC: ALI STeRM wA'L IA(-q 4,!. 7,1C eUv,.,D1Q& AlLtgpL LTED To cfl C A CUT ♦� /`/� \ / A�NIN . THEW -rev_,� TL A Ac'ESS Iry 19 u?7 SCALE: )46 SE uz� WNW At 0 4m _,pf"iT u 0 .Cs j4,,)fA1 L ASPA'kL'r 0,.Lp CpD gp-) C.0,we'l", ftr oft THE AIZEA J(T4,A] tS 7'46 A2o5A To T3E PERMITTED AS THE 111,ME * HcWE\'CR AFFEcTE6 ACREAdC piy�s \-d'1_L ALWAYS BE MA19TA)J,4eb AT A tak cr� LEVEL OFADE[Z As NEW AjzeA IsMen1eD OLn AREA WILL BE R-CCLA Iftten W I L M I M GTo tl REC-LAMAT16,4 1,11LL Ze C,,jrj GRAVE L B1 T4C aOAL'Tq Mot> tRICAT104 Y_VL6 M.C I IJTyk E. 'T 1 01�4 0 _74E u 199 .z J( 4o4 z 10c, -OF = t� G1MEEJZ _S ® I 6/93 j� CL EWE RELEASE REQUEST F MG 2 5 1995 ' ay Instructions: Fill out this form if all mining has ceased;'""yam completed all of the required reclamation work and you wish to be released from the conditions of your permit. Retain the pink copy for your records and return the yellow and white copies to the Land Quality Section Regional Office serving your area or to: N. C. Dept. of Environment, Health and Natural Resources Land Quality Section P.O. Box 27687 / Raleigh, N.C. 27611-7687 \- OPERATOR - IIA/ILMINE,"f' u MATEP-kALS VqT hI��NTyQ� kc-s AErAT' ADDRESS - O %N, QM W I LW I MEM N I.IC G tlJ N MINE NAME Al - QJN AL PERMIT NO. - lQ'J J II COUNTY - �E11J 14A A10 VET TOTAL ACRES RECLAIMED: TAILINGS PONDS: ® STOCKPILES: �_ WASTEPILES: PROCESSING PLANT: ACTIVE MINE AREA: �9 0 I have completed all of the required reclamation work at the above referenced site. I am hereby requesting to be released from the conditions of this mining permit and that the posted bon a returned to my attention. signed Title Yr 15 DATE -.� .. .. 1 � - �r . \ r.. v . .. ..r.a....M1 � 'yM:�Y.v •�{� • •.,.uF^ r—;R..v,"^('t�,-r^"'c'^-n9..-.1/++—..�r1`.uri'yrMr�''�'*"�h�-d'°`a':/""'`rR7'yvsn,r*5'hti�fYTinh�.V$3-('iluyy.^.v.n,�Jl6/93 U RELEASE REOLTEST FORM J 'Instructions: `,Fill out-this,I.form; af all mining has ceased; ;you have co�nleted a1Z of the "required^reclamation work and .you wish to be,, releised from the conditions of. your permit Retain the 'pink 'copy for your records' and `return w the ,yello and white copies to the Land Quality Section Regional. ,Office serving your area or to N. C. Dept. of Environment, Health and Natural Resources) Land Quality Section P.O. Box 27687 Raleigh, N.C. 27611-7687 +.. ,, ._ .. :.•. ;.� -.,.•.• s ,4. : ._....y.._ may.-. 7 .. _ . - � .- ._ . . �.. OPERATOR - WILMINhTDIJ MATEPIMLS . V� Lfr W NZF -4VESIDtrAT ADDRESS - ?'0 All QCq W I L KI I tJ6ro w KIC 1�90@ !LINE NAME A b Qoy al_ i S' PERMITNO. 5 ; COUNTY - �EhJ HFl AIOVE� i_ TOTAL ACRES 'RECLAIMED: TAILINGS PONDS: ® STOCKPILES: /7 WASTEPILES:f PROCESSING PLANT:_ ACTIVE MINE AREA: �1 O of all leted I .ha"ve com ; rf p the required reclamationswork at the above referenced site. I am hereby re esti:n" to'be released from the conditions , of this mining permit and tha{i,+the posted, bond a returned ,to my attention. It• .,.. �.�. Signed Title. /r �-5 • ZZ c/ � + , DATE �� ' J e • �� �� ._ �: �� ,, North Carolina Department of Environment, Health, and�Natural Resources, Division of Land Resources, Land Quality Section ? MINE INSPECTION REPORT q // (PERMRTED MINA r 1. MINE NAME />' 'V, 16'L.r/'tl 2. MINING PERMIT# Lis-3 } 3. OPERATOR /n1/w,'111,4K / MCFC/iriA A ///r%ifAirA /✓'PS 4. COUNTYAJIj6o✓, ,✓k M - 5. ADDRESS/✓, t). '6. PERMIT EXPIRATION DATE S-5-1S 7. Person(s) contacted at site 8. Was mine operating at time of inspection? p,Yes ❑No 9. Pictures? .' ❑Yes ❑No 10. Date.last inspected: / /�5;51. Any mining since last inspection? ❑"Yes `' ❑ No 12.,Is the mine in compliance with the Operating Conditions of the Permit? 0 Yes ❑No If no, explain: , 13. Is the mine in compliance with the Reclamation Conditions of the Permit? f]-yes ❑No If no, explain: r i 14. Did any of the above deficiencies result in offsite,damage? []Yes ❑No If yes, describe the type and severity of the damage: nCyy 15. Corrective measures needed and/or taken: i t t' .0 16! Other recommendations and,'comments:'TLA/ °% i/yli✓lrhnr i�avcaG/LG(eir JCS /w"trk -I/Ah /L//r s e "5(-, /./" min -/&c�( ctu U,_',_ n�0 � �.a, ivy . �//� n r�2.,n/" die� rn��r �.-z„� .� . /✓/1/So /'nn�ciXi�fi //, pn r/�a 1�, r✓ t�/oi^. �t2 r,�ya f �Ylr 1. k' �ioh«H /i T%i .Pi,/�ri�%i. 7r�i G l) cc . 17. Is the Annual Reclamation Report +/-(map accurate? ❑Yes ❑No (Explain): O-Not Reviewed 18. Follow-up inspection needed? ❑Yes ONo Proposed date—/ / 19. No. of additional pages of Inspection Report n . 20. Copy of Report sent to,operator 53 / /r//c-5 —. (date) - INSPECTED BY:�/iA Y). :YI�C ('�! DATE X Z 7'rls r Phone No: ( riii) )3yS 3�/,,ru , White copy to file Yellow copy to operator Pink copy to Mining Specialist 9/91 � :, ? .. . '� � .. .. � � i State of North Carolina • Department of Environment, Health and Natural Resources Alym Wilmington Regional Office Division of Land Resources Land Quality Section ID E H N R James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bob Jamieson, Regional Manager NOTICE OF MINING INSPECTION Dear Mine Operator: Attached is a copy of our report documenting an inspection recently conducted at a mine site for which our records show you and/or your firm to be responsible. The inspection was performed under the provisions of North Carolina General Statute 74-56 of the Mining Act of 1971. Please review the report 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 permit and the Act lies with you. Please do not hesitate to contact this office if you have any questions concerning the attached report. Your cooperation is appreciated. Sincerely, 0 � -)q.'� Carol N. Miller Environmental Technician cc: Mining Specialist 127 Cardinal Drive Extension,Wilmington, N.C. 204053945 • Telephone 910-395-3900 • Fax 910350-2004 An Equal Opportunity Affirmative Action Employer Post-it F ote 7671 Dare (p Z 9S pagoes� To Ua"7 Fvm'DAa SASS COJDapI. LQS- Aec4b ALE Co. .Y`l �D II t Phone N Phone p X Fax q Fax C Memorandum To: Dan Sams �q� Through: Tracy Davis !V From: S. Wehner Lyw �,��•�e.; 3Cf�� auk e s�+ 1�� Date: May 24, 1995 z �e Subject: Release Requests w� w c Qe� D I need some information on the following sites to complete the _` release requests: 1 . CCC Sand and Gravel , Inc. , Rocky point No. 2, Permit No. 69-22: I need a mine inspection report or-a memo with .the date of the inspection that confirmed the project has not started. 2 . Dickerson Carolina, inc. , Williams Pit No. 2,, Permit No. 69-12: i need an inspection report or memo with the date of the inspection that states the site is releasable or is not releasable. 3 . Wilmington Sand and Gravel, Royal Pit, Permit NO. 65-05: � I need verification from your office of the overall permit boundary and release acreage on the maps recently submitted and an inspection report confirming the areas outside the new boundaries may be released. 4 . Nathan S. Sanders, Navaho Trail, Permit No. 65-08: G� , I Has an S & B plan been issued for this site? I need an inspection report with an inspection date confirming the site is ready for release. As soon as I receive the above, I will be able to resolve these release requests, one way or the other. Thanks! February 13, 1995 MEMORANDUM To: Judy Wehner, Assistant Mining Specialist From: Carol Miller, WiRO-LQS Through: Dan Sams, R.E. Re : Nathan Saunders Mine Release request This mine does not have an approved S&ECP with the county' s loc. program nor does the site meet the reclamation conditions of the permit; therefore, we do not recommend release at this time . JUN-02-1995 15:02 FROM EHNR WILM REG OFFICE TO LAND GUALIT'Y RR P.04 North Carofina Department of Environment, Health, and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME 2, MINING PERMIT# 3. OPERATOR&;bV, 4. COUNTY rJ .i t r� 5. ADDRESS , 0, 150 PERMIT EXPIRATION DATE 9 s q5 7. Person(s) contacted at sfte 8. Was mine operating at time o inspection? es 0 No 9. Pictures? O Yes PAo 10. Date last inspected:�/f/e'!!� 11. Any mining since last inspection? �ryes 0 No 12. Is the mine in compliance with the Operating Conditions of the Permit? EKes D< If no, explain: f! —, P C 2 13. Is the mine in compliance with the Reclamation Conditions of the Permit? eS QNo If no, explain: 14. Did any of the above deficiencies result in oftsite damage? ❑Yes o If yes, describe the type and severity of the damage: 15. Corrective measures needed and/or taken: 1!r G3'.YYIn/�� �` �Ln7(`�/ ,n�� i9-icn�1/i SGLIF.Sf LCt^%jr,C 16,,Other recommendations and comments: _ ✓ rz 17. Is the Annual Reclamation Report +/- map accurate? es ❑No (Explain) pNot Reviewed 18. Follow-up inspection needed? gles ❑No Proposed dated/y/_2T 19. No. of additional pages of Inspect ion Report. 20. Copy of Report sent to,operator 2 INSPECTED BYC (AL6 , M,( — J)AA_) 'ifirx5 DATE (date) Phone No: 7j'n0 Whito dopy to No Yellow copy to oparator Pink copy to Mining Specialist 9t91 Memorandum To: Dan Sams ��qq-,, Through: Tracy Davis t;7 / From: J. Wehner Lbw Date: May 24 , 1995 yyy Subject: Release Requests I need some information on the following sites to complete the release r uests: CCC Sand and Gravel , Inc. , Rocky point No. 2 , Permit No. 69-22 : 7 I need a mine inspection report or a memo with the date o the inspection that confirmed the project has not started. n Dickerson Carolina, Inc. , Williams Pit No. 2 , Permit No. V 69-12 : I need an inspection report or memo with the date of the inspection that states the site is releasable . or is not releasable. 3 . Wilmington Sand and Gravel , Royal Pit, Permit No. 65-05: I need verification from your office of the overall permit boundary and release acreage on the maps recently submitted and an inspection report confirming the areas outside the new boundaries may be released. 4 . Nathan S. Sanders, Navaho Trail , Permit No. 65-08 : Has an S & E plan been issued for this site? I need an inspection report with an inspection date confirming the site is ready for release. As soon as I receive the above, I will be able to resolve these release requests, one way or the other. Thanks! r \ /w':�:mu. �wmxx�:xu3' !5i xAC4 '.V't 9ly�aIR"; riYt'✓ q '4 'y."'n ,'F :jwNt � '�I '-T ` Lt'q„ `kAW''6;a,^r.. DATE TO ASSISTANT DATE 0 SUSAN LOGGED IN 4w a MINING CHECKLIST FOR ROUTING ' Company ( U lr Project Name ►C()llCa Q P�- / U / Permit No. ' (pg'OS County rW 1,b1n0Vet' Date Received 4 95 Reviewer Ohl/ (1! (,-- Please make copies of check to include with Central Office and Field Office files and log in checks. * ❑ New ❑ Renewal ❑ Modification ❑ Transfer ❑� Release ❑ Additional Information ❑ Fee Needed ❑ Fee Received: Amount Please route to: L�J WIVn; / 44 J Field Office Date Routed ❑ Wildlife Resources Commission Date Routed * ❑ Archives and History Date Routed ❑ Other: Date Routed suspense Date for Comments: AS k\P (Date received +30 days, not on/weekend) ❑� Please note the following: 1 � 11Pt1rit� U o. i 1' BIYt *SUSAN: Please make file and return Checklist and file to Reviewer White Copy to Field Office Yellow and Pink Copies to File Goldenrod Copy to Susan titro. . .0 r r.f.. .. .-.. ..... ,. .A !i+a-;�., DATE TO ASSISTANT DATE SUSAN LOGGED IN N MINING CHECKLIST FOR ROUTING /� Company �r fi ii iM40n)S t (n Project Name i�0 15 P,r I- U Permit No. /Cji US County 10401 ILnu`)W Date Received � Reviewer N`` C/M N0 ✓ V Please make copies of check to include with Central Office and Field Office files and log in checks. * ❑ New ❑ Renewal ❑ Modification ❑ Transfer ❑ Release ❑ Additional Information _ ❑ Fee Needed ❑ Fee Received: Amount Please route to: ❑/ 1A VYIi4A1.0J Field Office Date Routed . , ❑ Wildlife Resources Commission Date Routed i * ET Archives and History Date Routed ❑ Other: Date Routed suspense Date for Comments: (s Rp (Date received +30 days, not on rweekend) ❑� Please note the following: ojkw J d At. ,leetrY.f *SUSAN: Please make file and .return Checklist and file to Reviewer White Copy to Field Office Yellow and.Pink Copies to File Goldenrod Copy to Susan -7-77, • WW o WILMINGTON MATERIALS, INC, pPR 1 � � April 12, 1995 e QUA 1-IV SECTION �p ND Tracy Davis N. C.Dept. of Environment,Health&Natural Resources Land Quality Section P. O. Box 27697 Raleigh,NC 27611-7697 Re: A.D.Royal Pit Map Dear Tracy: Thanks for your help yesterday over the phone. I have inspected the areas on the north side of the pond as we discussed I believe that by early summer they will be completely covered with vegetation,however,to see than now it is indeed questionable,therefore I have included this on the map as a bonded area. Please review and let me know so that we can got up to speed on our renewal. Thank you again for your help. Sincerely, K McIntyre President POST OFFICE BOX 209 0 HIGHWAY421NORTH 0 WILMINGTON,NC28402 ■ (910)763-4569 0 FAX(910)762-2815 ii.r' .. 1: j�;' d . �.. e, �i it IJ II - I , II i. Jill I l . III . - II u I. 'f fI . lil f i .. ji . i i r r •/.`� i../ ' . ,1fJ� �r .� � � o.•J ,., /�. .fit.. , ..r I11I�i � I r l i / i i o ,. .. K.C. Department of Environment, Health, and Natural Resources Division of Land Resources, Land Quality Section / Telephone LogDate�h� '2?i S snot—of r Timew am Call: Placed ❑ Received ❑ ptn 1 Returned ❑ Nl 1.Project: uJILIk b kq!E IMl a pl" County: 2.Conversation with: LE 11 L � f i ��_Telephone: (' ) 3. Affiliation: <.Content of conversaion: — !1 A44-70,,,,, / - Li UZ - — A: ti; cc: r t D Filed by: _ -,' s , . . , ,, State of North Caro ina Department of Environment, Health and Natural Resources r4j Division of Land Resources James B. Hunt, Governor ID FEE IV F� Jonathan B. Howes, Secretary Charles Gardner, P.G., P.E. Director and State Geologist March 16 , 1995 Mr. Kyle H. McIntyre Wilmington Materials, Inc. P.O. Box 209 Wilmington, North Carolina 28402 RE: Partial Release Request for the A.D. Royal Pit Permit No. 65-05 New Hanover County Dear Mr. McIntyre: This letter is in r9sponse to your letter dated January 3 , 1995 requesting release of 21 acres from the above referenced mine site. A recent site visit by the Wilmington Regional Office (WRO) has revealed that the area you have requested release on is not ready for release. The actual pond area cannot be released until all mining- related activities have ceased in the pond excavation and the side slopes of the pond are permanently stabilized. This usually requires completion of mining at the site and seeding the sideslopes with a permanent grass mixture. The vegetative cover must have, at the minimum, one growing season to establish. You may, however, request release on the side slopes if you do not intend to redisturb them and have established a permanent, vegetative cover on them. To accomplish this, you must request .a.- partial release and submit a mine map delineating the side slopes you wish to have released from the permitted acreage. The request must also include the corresponding acreage of these permanently stabilized areas. Please contact me at (919) 733-4574 or Ms. Carol Miller at (910) 395-3900 if you have any questions concerning this matter. Sincerely. Judith A. Wehner Assistant State Mining Specialist JW cc: Mr. Dan Sams, P.E. 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 83n Kl 8 d33 30,7-) � 1 EV3!/1 c/ON I . I 1 1 2� Y U.S NIGHIyp Q Z 2 Q o I b 6 I d I U / b - V �,J •.. I ` 0 b h N Y O q Ql /•f b r\'b g n N b q r\ /•I O 0 Y N b N Y b v1 Y ' P l/ �/ `' ... �1 O N � vi N O O vi O ^i 1� 0 0 r•f b ^I n Y-7A/O O ly3� 3cl V,9 1 O q a'J '\ q 4l b t� O N r� h h h b v] - O q r`f r� q V I Y J J q N - N b N y N w k k 3 k W W W 3 W w w k k k k W w k w k k w k k k k k k k k k k k k W z h = t O o N - N •- a vp p 2 q _ - N h - r !7 q h !`I - N !•1 Y h O -Y 1� •- Y O b h `V� h � N - N ;'/ Y Y /`] Y N N N O O Y � ry ' 1h J Q IP ^ N N h b h 1`f GI h n n b S O N IG Y g h b k1 IG Y b b r\ vl b W b N Q Z crl :n In In vl In 2 h H h In h h 2 y g 2 h H In In y an In 2 v, 2 2 2 h H h In �( 2 2 I ` =p q O � N '•1 `t N /O r\ t0 q O `- N '-I Y b IG r\ q\ g O N � Y h b n b q O � N ^] O ^ V N N N N N N N N N IY♦I N N N N N N N N N N N N N N N N N N N N N N N N N N N to � I 1N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N Y ID I I I I I Y • I r N 1 h I, C I Y i I 1 3 a I I n L Q i o momz IQ a � hco PC e Q c� 0 2Jq'u N LAI O T Z yQ q kz r O O J O R o V, • J °o Y o's o sq,� e\ IQ., v y I _ 1 I I n IN o I / I\ - - - - - - - -- V I. - - - � u , V4. --9 Y 4 I b o I S b I , I ♦ I ` r a Jr, \\ I I ♦ I % 1 I � I^ ♦ �\\ d ♦ \ �, \ \ 4 I I I 4 d I , \ r I M Zo �N /r 1 I 96 2 OF9 ♦ \ 1 I 1 0 1 Q ^ I Q ° Ib I �Ip, 1 I . tl 2 ,. 2 MI I O Deb Q K , 2 'o i s 'mI I ,",I� m � h, OC W I W M ..9/.FZ.F9 N 150.85,_-t"��.y 4/P.25• � -S`6.• I \ bl---�,-'------------- ;-INN 72.0� 45 1 1 , 1- \ o to i�I �\ o ! h,I � \\ \ O Q b 1 J ,h O i I m!Vy / / zt X •ij\�2 1 .I O I � � � / C• 1 1�1 / / a\ s o Co \ / � o h Q \ � Z � o MEMO � � DATE: TO: SUBJECT: •"'"^") —^^^""+�' CBS-�►�-�-.�....-�) c>�..,�- ,G�.�►�-��� dam- �. �(��.�-- �. yV �+rer1 North Carolina Department of Environment, it Health, and Natural Resources g� w.v � a,imea on Recycioa anoor ,Ryrrrr�r.r +�I g�9S Zt r I. I� i EILA - - - fo a i . I I . I .STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES E H N FAX TRANSMITTAL COVER SHEET DATE: FROM: DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES DIVISION LI LAND RESOURCES LAND QUALITY SECTION P.O. BOX 27687 RALEIGH, NORTH CAROLINA 27611 U \ (919) 733-4574 C7J 1 FAX NUMBER: 733-2876 COMPANY/DEPARTMENT. Las PHONE NO.: FAX NO.: 9I b- COMMENTS: 1� 16�QZ- i (Jlt 7� KQ Q��tAQ (7) WE ARE TRANSMITTING ,/ PAGES INCLUDING COVER SHEET. • • � ��, � � ; �� F �w WILMINCTON MATERIALS, INC. FEB 21 1995 III February 16, 1995 Z U DEBNR Land Quality Section P.O. Box 27687 Raleigh,NC 27611-7687 Dear Land Quality Section: Enclosed please find our Annual Reclamation Report. I rogrot that this is late,but we did not receive the paperwork until February 9. Also,enclosed is a copy of our original request for a formal mining permit modification. I met with Dan Sams and Carol Miller the first week in February. They inspected ow mine and discussed the cOnrae of action we need to take in order to be in compliance. Sincoro , yle K McIntyre President POST OFFICE BOX209 ■ HIGHWAY421NORTH 0 WILMINGTON,NC 28402 ■ (910)763-4569 ■ FAX(910)762-2815 . 1 . �,fill' State of North Carolina n ECEU�`— Department of Environment, Health, and N u r 1 Resourc Division of Land Resource EBB 21 1995 U B ANNUAL RECLAMATION North Carolina General Statutes 74-55 and the Mining Regulations require that "The mine operator shall, by February 1 of each year during the life of the permitted operation, and within 30 days of completion or termination of mining on an area under permit, file with the Department a mining reclamation report on a form prescribed by the Department. " PLEASE PRINT OR TYPE Name of Mine 4.11 ��_ P.1_ County NlwllAnoven Mining Permit Number Mining Permit Expiration Date � ' 3 � C/Name of Company/Owner on Permit Document t-j i��'y Lo ��Jr�'� ter.iw k --TF �4C . Official Mailing Address p0"6" 209 Cu �m%�� ��� V-e. Zip Code �243yOz Telephone (�//p ) 76 3 • (/Sdo Check if change of address or telephone 1 . (a) If mine is now inactive, when did mining stop? Date (b) Is this stoppage permanent? Yes No. 2 . List by category the total amount of new land affected by mining activities in the 1994 calendar year and locate each area on your updated mine map. (A) TAILINGS PONDS: acres. (D) MINE EXCAVATION: /y7 acres. (B) WASTE PILES: nacres. (E) PLANT AREA: e:;� acres. (C) STOCKPILES : D acres. Check here is no new acreage affected in 1994 . 3 . Estimate by category the amount of new acreage to be affected by mining activities in the 1995 calendar year and locate the outline of each area on your updated mine map. /O (A) TAILINGS PONDS: 0 acres. (D) MINE EXCAVATION: acres. (B) WASTE PILES: O acres. (E) PLANT AREA: acres. (C) STOCKPILES: b acres. Check here if no new acreage is to be affected in 1995. *4 . List by category the total amount of disturbed and unreclaimed land present at this site at the end of the 1994 calendar year. (A) TAILINGS PONDS: acres. (D) MINE EXCAVATION: 4026 acres. (B) WASTE PILES: acres. (E) PLANT AREA: / acres. (C) STOCKPILES: 2- acres. (CONTINUE ON REVERSE SIDE) NOTE: WASTEPILES should include overburden storage/disposal areas and berms. • 5 . List by category the amount of land that has been completely reclaimed in 1994 and is not subject to continued use in future mining 'related activities. Briefly describe the reclamation work conducted and indicate if you wish to have any of these areas released from your current bonding requirements. Accurately locate the outline of all such areas on your updated mine map. (A) TAILING PONDS: d acres. Explain: Release Requested: Yes No (B) WASTE PILES: acres. Explain: Release Requested: Yes No (C) STOCKPILES: n acres. Explain: Release Requested: Yes No _ (D) MINE EXCAVATION: -2 1 acres. Explain: sae Release Requested: Yes No (E) PLANT AREA: acres. Explain: Release Requested: Yes No Check here if no reclamation completed in 19'"9//4 . /'// Person responsible for reclamation (please . int) : Kyle H• �5ZH /y2g Signature of company officer or owner: nq Title: 1�e 1 5 iJ>- 4 i Date: ,`�- Y- 9-� *Complete and return by February 1 two copies of this form along with two copies of an updated mine map for each permitted mining operation to: Land Quality Section DEHNR P. O. Box 27687 Raleigh, NC 27611-7687 FAILURE TO FILE THIS FORM BY THE DATE SPECIFIED MAY RESULT IN THE ASSESSMENT OF CIVIL PENALTIES AND COULD EVEN RESULT IN THE REVOCATION OF YOUR MINING PERMIT. SHOULD YOU HAVE ANY QUESTIONS, PLEASE ADVISE AT (919) 733-4574 . ' ATEMALZo INC. j I I I January 3, 1995 Carol Miller State of North Carolina LA-1UNR 127 Cardinal Drive Extension Wilmington,NC 28105 Re: Permit No. 65-5 Dear Carol: We respectfully rc(prest your inspection of the attached map and of our facility to release approxiamately 21 acres from our mining permit. please let us know if we need to supply ally other infonnaticm to have this area !ulcas W, after your instwion. 'thank you for your visit here and your helpful advice and observations. We now feel we are heading in the right direction to complete our mining permit application. '11)e survey was completed this week and the map should follow soon. Hopefully,with this information we can unnple(e the requirenreuts for our renewal and post the appropria(e bond. 'Sincerely, Kyle H. McIntyre I I I i 1 I I POST OFFICE BOX 209 a HIGHWAY 421 NORTH WILMINGTON,NC 26402 e (910)763 4569 o FAX(910)762-2615 d �Cr i zee J /267 / / / �66 � , I 165 CO'V /O PAD F� PAO��/ P/PC �7e+ IconveroR^t tA i µ¢ y �\Pr /LO/NG V / / _J / / / 7 / / / / / , WILN 1v "fr • s A 1 S . \-HOPPER r' i , , aa , 7 FLOOD t 'ATE MAP o, 370168 , / L \ t nd 4 � . w < : � rS � State of North Carolina Department of Natural Resources and Community Development Division of Land Resources 512 North Salisbury Street • Pileigh, North Carolina 27611 James G. Martin, Governor Stephen G. Connd S. Thomas Rhodes, Secretary Director December 16, 1985 Mr. Kyle H. McIntyre Wilmington Sand & Gravel Company, Inc. Rt. 6, Box 47 Wilmington, North Carolina 28405 Re: Mining Permit Transfer Royal Pit New Hanover .County Dear Mr. McIntyre: We have received your certificate of deposit no. 01851 016 4201390 for $g,,500 required for the reclamation bond for the Royal Pit. Therefore, we are transferring the mining permit no. 65-5 to Wilmington Sand & Gravel Company, Inc. Enclosed is a copy of the mining permit. Please review the permit and advise should you have any questions concerning the permit conditions. S ncerely, l James D. Simons, C.P.G.S. , P.E. Mining Specialist Land Quality Section i JDS/cj cc: Gerald Kraynak� PO. &ix 27687, Raleigh, North Camlima 27611-7687 Telephone 919733.3833 \ An Fqual Opportunity Affirmative Action Employer DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF LAND RESOURCES LAND QUALITY SECTION R E N E W A L 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: Wilmington Sand Company, Inc. Royal Pit New Hanover County - Permit No. 65-5 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 5 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 t'har 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.C.S. 74-49. Conditions The permitted mining operation shall not violate standards of air quality, surface water quality, or ground water quality promulgated by the Environmental Management Commission. This permit shall be effective from the date of its issuance until Sept. 3 , 1995 and shall be subject to the provisions of the Mining Act, N.C.C.S. 74-46, et. seq. , and to the following conditions and limitations: Page 3 of 5 OPERATING CONDITIONS: 1 . No wastewater shall be discharged from the operation to the surface waters of the State. 2. Any mining process producing air contamination emissions shall be subject to the permitting requirements and regulations promulgated by the 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. 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 due to 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 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. Sufficient buffer shall be maintained between any excavation and any . adjoining property line to prevent caving of that property and to allow grading of the sideslopes to the required angle. 9. An Annual Reclamation Report shall be submitted on a form supplied by the Department on February 1 of each year until. reclamation is completed and approved. 10. The security which was posted pursuant to N.C.G.S. 74-54 in the form of Two Thousand Five Hundred Dollar ($2,500) certificate of deposit 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. Page 4 of 5 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. STANDARD RECLAMATION: 1 . Provided further, and subject to the Reclamation Schedule, the planned reclamation shall be to level and grade and revegetate all affected land areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. Any slopes shall be graded to a 3 horizontal to I vertical or flatter grade. B. The mine excavation and any adjacent disturbed area shall be generally leveled and smoothed. i Page 5 of 5 C. 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. D. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: Following site preparation, all disturbed areas shall be planted with pine seedlings as recommended by the N. C. Forest Service with a cover crop of grasses to provide a ground cover until the pine trees provide a ground cover. 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 3 '�—j day of By: S fwJ 4.17 Fi Stephen G. Conrad, Director Division of Land Resources By Authority of the Secretary Of the Department of Natural Resources and Community Development Wilmington Sand & Gravel Co., Inc. Rt. 6 Box 47 Wilmington, NC 28405(919) 763-4569 RECEIVED NOV 18 Ms LAND QUALITY SECTION James D. Simons, C.P.G.S., P.E. State of North Carolina Dept. of Natural Resources and Ccnu=ty Development 512 North Salisbury Street Raleigh, North C'm.rolina 27611 Re: A.D. Royal Pit, New Hanover County liar Mr! Simons, Enclosed please find the assignment of our Certificate of Deposit # 018510164201390 to you for the mining permit on the A.D. Royal pit located in New Hanover County. I hope this is all in order. Please call or write if there are any problems. Thank you in advance for your help. 71e ly, // /E `G/// /McIntyre enclosure cc.file �� � ..e< � � yS '- S+r't hw-� v 4"- nT$. [•Rva,}e +�/r ���� 't@. � i \`�s)�DJ� �. t + 3�*'.•. .cr -..�S'�,•,� +� i t�46r �j �''�a.A s"'"�i K SsrLA� ,yz w�,A�Di�' ">i'#-� , . OF Z\\\ � Permit Number � •\ � , ��� � \ � � �i, r ; a � 7 5-S5 •/ / �� > ; �. � l •�.� l\' - ` � i t\� �. �.\ i MI, Ytl 1 §S ` i yrl .,wJ / ?IIi ,AI /bJ j1� i� il,���, J/r/ " .t'1 fr /ice r S � �x� ri _ \\ \ \ �\ ��. \ � .<�� .y ♦w •:, �, �..�, � . '� ��d .:r.;:'4;,1i � '31 i�^ti'��{�•' �ICA� l r�/�// ��'J. / � ' �r •S' .i l , T n� �� \ �_ \ \\`... 1 F(� ; •:C. } �: 1.t 1 � ,: � sa J.S�/,Yye�/r�/�.e� /i���t�� fr�—� �'� �i • / �r' / � _\ F=`�11Ss]S tQ CeP•tli 5 '.'� � � ' � _� '? %'°�'� si �,F•' �i /' �' � � ?�� ; �'k� �'� [yt _'�. �' ✓ e T :-> ` 4'" { Tf fi '...+h' .`4. � . s Is hereby granted:a ) y t `` z K ' piovlded * P, Fti }= This permit is expresss fs'of the a proved reclamation �• -.� �. i W ,a,.� plan £or thts`operatioa:and"wit - her _ uiremeat pr�nd � F' 'may.be'deemed necessary by the to assui fit tl" wtll.coin lg.fully wtth-the:regwr�` <°?ca j menu and ob}ecttvea of "The Mim $ 74 68 D� �QUAM /i-well. lrlllgl\Vt. P la�t•e 4 a� !� -- �f 1 is•<'/ x� ( + '. �i �9 -J ; / �: ��/�/ '�.. v v� i \ \� 11� `v A\� � ���i ��-\ STATE M NN EEGINE Y£ - Signed-,by. anthorltg of the Secre of;:_the artment o£. Natural and Ec onomic Resources, , I q .m •uy l P � Y>` .� Pro'v+an " - vV' • 7rR W. F � y G'A 63 ���� J,� c�r, =s � ��`�d n".SrAllo� y A MT 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 Director August 30, 1985 Mr. William L. Whitehead Oak Ridge Sand Company, Inc. P.O. Box 35 Wilmington, North Carolina 28407 Re: Permit #65-5 Royal Pit New Hanover County Dear Mr. Whitehead: Your application for renewal of Permit No. 65-5 for Royal Pit in New Hanover County has been approved. A copy of the renewed permit is enclosed. 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. Please review the renewed permit and advise this office should you have any question concerning this matter. ncerely, ames D. S mons, C.P.G.S. , P.E. Mining Specialist Land Quality Section JDS:cj Enclosure cc: Gerald Kraynak P.O. lion 27687, Raleigh, Nonh Can,dina 27611-7687 Idephone 919-733-3833 An Equal Opportunity Affirmative Action 1'mploycr State of North Carolina Department of Natural Resources and Community Development 512 North Salisbury Strect 4 Raleigh, North Carolina 27611 James G. Nlartin, Governor S. Thornas Rhodes, Secretary February 13, 1985 CERTIFIED MAIL RETURN RECEIPT REQUESTED NOTICE OF VIOLATION FOR MINING 'rIITHOUT A PERMIT Oak Island Landscaping Company Post Office Box 904 Long Beach, North Carolina 28461 ATTENTION: Mr. Bill Laster Mr. Jarvis Jones Dear Sir: • This is to inform you that you and/or your firm is violating the Mining Act of 1971 by operating a mine without a permit. North Carolina General Statutes (hereinafter NCGS) 74-76, et seq. , as amended. On February 12, 1985, I inspected your sand pit operation located off S.R. 133 in Brunswick County across the road from the Hewett Pit. I was informed by a truck driver loading sand that you and/or your firm is the operator of this mining operation. Under the Mining Act, no person my operate a mine without first obtaining a mining permit and also posting a bond to insure that the site is reclaimed. Mining is defined by NCGS 74-49 as: The breaking of the surface 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 The preparation, washing, cleaning, or other treatment of minerals , ores, or other solid matter so as to make them suitable for com- mercial , industrial , or construction use. "Minerals" means any soils; clay, coal , stone, gravel , and 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). PO.Bar:27687, Raleigh. North Carolina 27611-7687 lcicphone 919-733-4984 ,An iin uo nnnrta:^.:c 91P,rn,;:,.. ]r u •.ir._-I,.,.... Oak Island Landscaping Company Notice:of Violation Page 2 February 13, 1985 It having been determined that you are in violation of the Mining Act, you are requested immediately to halt the above mentioned mining operation until you have obtained a permit from this Department. To obtain a permit, you must: 1 . file the attached application for a permit, including a reclamation plan to restore any damage to the area that will be affected; and 2. post a bond or other form of security acceptable to the Department for insuring that the affected area will be reclaimed when your mine is terminated. 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 before 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 is enclosed for your information. Do not hesitate to contact me regarding any questions you may have about this matter. Yours truly, Gerald 4Eineer ak Regiona Land Quality Section GJK/cfl cc: Mining Specialist Enclosure 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 Director December 5, 1985 CERTIFIED MAIL RETURN RECEIPT REQUESTED NOTICE OF VIOLATION FOR MINING WITHOUT A PERMIT Oak Island Landscaping Company Post Office Box 904 Long Beach, North Carolina 28461 ATTENTION: Mr. Bill Laster Mr. Jarvis Jones Dear Sir: On February 13, 1985, you were notified that you were operating a sand pit in Brunswick County off Highway 133 in violation of The Mining Act of 1971 by operating an approximately two acre sand pit without a mining permit. While investigating other mining without a permit on adjacent lands, we have determined that your firm had conducted most of the mining on the two acre property in question. I understand that you have ceased mining at this site. However, the site of your sand mining was apparently abandoned without performing the required reclamation. The Mining Act normally holds the mine operator responsible for the reclamation and not the current landowner. P0. &,r 27687, Raleigh, Nnrth C-a,olma 2701.71;87 1i1,phone 919 73 3-383 3 An Equal Opportunity Affirmative Action Employer Certified Mail Return Receipt Requested Oak Island Landscaping Company Page Two December 5, 1985 Please advise the schedule of reclamation for the area mined by your company. Your cooperation in this matter will be a factor in determining if a civil penalty should be assessed against your company for mining without a permit, and what amount should be assessed if appropriate as well as what other enforcement measures should be taken. Should an acceptable reclamation schedule for the area mined by your company or some other suitable arrangement for the permitting or reclamation of the site not be received by December 20, 1985, this case will be referred to the Office of Legal. Affairs for legal action. Your cooperation is appreciated. Please contact Mr. Gerald Kraynak at our Wilmington Office, 7225 Wrightsville Avenue, Wilmington, NC 28403, Telephone Number (919) 256-4161 or this office should you have any questions concerning this matter. ncerel/yam,/ James D. Simons, C.P.G.S. , P.E. Mining Specialist Land Quality Section JDS/cj cc: Gerald Kraynak Walt Smith GEORGE LOSAK Regittered Land Surveyor WILMINGTON. N. C. 28401 120 MARKET STREET P. O. BO% 1108 PHONE 763-7871 ;) ------ �—__ .vzs0 9q'nri 4.B19c. + � 0/ Plot for: Q4io• r h2 Parmenter Transport Company Sand Division � A�� Scale: 1"=200+ � \ C✓ATED NREA� � C Q April 25 , 1972 PV (Fleming and Royal Pit) 0 0 ^1V �f I L � . QI � 2S^ o4'w , I I , George Losak, Registered Land Surveyor, Wilmington, N. C. , certify that the parcel of land shown on the above plot is a plot leased to the Sand Division of the Parmenter Transport Company located north of Wilmington, N. Ce , New Hanover County,, .. + orge osak Reg. No. L-494 i r � � � � jk5 a e d 7- /5- 7S Zxpl.e S 7-,15 — S5 State of North Carolina Department of Natural and Economic Resources Office of Earth Resources Mining Division Application for a Mining Permit G. S. 74-50 of the General Statutes of North Carolina, '"The Mining Act of 1971.". . 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 terminated, been revoked, been suspended for the period in question, or otherwise become invalid. 1. Name of Mine Royal County New Hanover 2. Name of Company Whitehead Const.\Co. , Inc. 3. Home Office Address P. 0. Box 71 Wilmington, N. C. 28401 4. Permanent address for receipt of official mail Same as above Telephone 763-8101 5. Mine Office Address Same as Above ( on Highway 421 North) Telephone 763-8101 6. Mine Manager W. L. Whitehead We hereby certify that all details contained in this Permit Applica- tion are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause fo perm vp� ocation. *Signature Title Date *Signature of company officer required. APPLICATION FOR A MINING PERMIT A, General Characteristics of Mine. 1. Total acreage at site for which permit is requested : Acres owned Acres leased 4 2. Materials mined : Sand 3. Mining method : Hydraulic Dredge Q Underground Q Shovel and Truck Dragline and Truck ® Self-loading Scraper 0 Other 4. Present depth of mine t 20 ft. 5. Expected maximum depth of mine Level — Removing hill 6. Area of previous activity: (Identify these areas on your mine map. ) a. Area of previously affected land at present site that is inactive as of July 1, 1972: 1 acre near N C 421 b. Acres previously reclaimed at present site None B. Determination of Affected Acreage and Bond. 1. Number of years for which permit is requested 10 (LO years maximum) . 2. Total affected acreage: 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 0 acres e. Area of active mine excavation as of July. l , 1972 2 acres f. Estimate annual acreage of new land disturbed by mining 1 g. Estimate total land disturbed by mining that is subject to reclamation by multiplying Item 2f by 3= 3 acres TOTAL OF 2a through 2g � .�j acres APPLICATION FOR A MINING PERMIT 3. Check acreage to be bonded: Total affected acreage figure from B, 2 equals acreage to be bonded. I XI 0 - 4.99 acres ($ 2,500 bond) 5 - 9.99 acres ($ 5,000 bond) Q 10 - 24.99 acres ($12,500 bond) 25+ acres ($25,000' bond) 4. Will your company file a blanket bond covering all of its mining operations in North Carolina? Yes ® No Check the amount of blanket bond: $2,500 XI $12,500 $5,000 El $25,000 q C. Protection of Natural Resources 1. What aspect of your mining operation may have significant effect on wild- life, or freshwater, estuarine or marine fisheries? NONE 2. Is there a waste water discharge from your plant or mine? Yes No If yes, indicate the approval document number issued by the Office of Water and Air Resources, Department of Natural and Economic Resources. Expiration Date b. Is there an air contaminant emission from your mine or plant? Yes = No If yes, indicate the approval document number issued by the Office of Water and Air Resources, Department of Natural and Economic Resources. Expiration Date -2- APPLICATION FOR A MINING PERMIT 3. If your mining excavation will come within 300 feet of any neighboring dwelling house, school, church, hospital, commercial or industrial building, public building or public road, describe methods to prevent physical hazard to such features. NO 4. Describe measures to be taken to insure against (1) substantial deposits of sediment in stream beds or lakes, (2) landslides, (3) acid water pollution. DOES NOT APPLY REMOVING HILL -3- Reclamation Plan 1, 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, PLANT IN PINES Reclamation Plan 2. Indicate what practices you will take to protect adjacent surface resources. DOES NOT APPLY 3. State the method of prevention or elimination of conditions that will be hazardous to animal or fish life in or adjacent to the affected areas . DOES NOT APPLY 4. Describe provisions for safety to persons and to adjoining property in all excavations in rock. DOES NOT APPLY 5. Describe plans, if any, for screening operations from public view. DOES NOT APPLY 6. State the method of rehabilitation of settling ponds if to be reclaimed during the life of the permit. DOES NOT APPLY -2- Reclamation Plan 7. State the method of control of contaminants and disposal of mining refuse : DOES NOT APPLY 8. Indicate the method of restoration or establishment of stream channels and stream beds to a condition minimizing erosion, siltation and other pollution : DOES NOT APPLY 9. Describe provisions for prevention of noxious, odious or foul water collecting or remaining in mined areas. DOES NOT APPLY 10. Describe how the surface gradient in unconsolidated materials will be re- stored to a condition suitable for the proposed subsequent use of the land after reclamation is completed and proposed method of accomplishment : DOES NOT APPLY -3- Reclamation Plan 11. Describe your plan for revegetation or other surface treatment of the affected areas. Note requirement of Regulation Number 1. PLANT AREA IN PINE TREES Revegetation and/or reforestation plan approved by: Signature Title Agency Date 4 Reclamation Plan 12. Provide a time schedule that meets the requirements of G. S. 74-53. 1 Acre per year for reclamation -5- 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 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. *Signed Title Mine Company *Signature should be the same as the officer who signed the application for a permit, a N 0 ao p awo ' 3 a' ap0oo aZ Y _ U z � o Z O zW w o s i O U a W p o o ° < uo °oha p- wpt. 0-ii >3am mu0n ` 1 `r j= o0 i w F ybwU �3aoI $NIi ;vIxaI I°l i -0111��1 Zo� f � �U �YIOr° na°Iw0i OO o° 9. mS. z3za3 �O ri 0— O0 1T P U, Z 3 n W F O w O4 1 nY Ito o s°9 Z Pf^ �` Z Ily- O Zz a /� P � o✓ I W CC � p Z 'T a UJ Q o = w o a w w y W PoD Y a b V Z I < � w ly b - o - O = N p O t m) r W< v_ B. 'Hd•� � _ t G1 y —' � J V W 1' [Yl O Z p o x 7 LL J \ 4 b r y �— y Vtn V O 2 Cie G - .i♦ vi IfY � � O Y W j- / QL o W o 0 z l o O h ^ fASo� _ i1 a ✓ ,� y u A� A V� w vi O r a ^a n n u ^a m T v� ��l'T n o 3 3 o _ _ o zd n o w - T ZOw"+ �3 1 g m - My rc 3 I Y I 1 a S . m m N e �� - \ a_ z ^ ^ � i d j >GI I ^ YY u 4 a ^J n STeLL 2 0 i n X, b � I I •-'"' �_ and e' �_ r0o / _ �� _- - - - � �� A 1 ,.r i w moo ONVISI �♦ S3l'JV - J 0 m `I LQ I oo-et ,00.et ') 1 � . � Q H h - - �1 06 y J y sre �e n a rr e gzr si r _ `� tlR' I 4Q ^ 9 i n0 a o ^ v ^ S 3 _ r Vi B �v o b m a s' 0 p' _ - -. a ry 3P _ �/ - va. <lo ➢ � y I I Ym ry q9 �O Sv � - - Q � - o- $ ^f m I " ^ vl v / y of e a - ^ r. Q ° a° ems. =h 10 X� n ` o v o Z n j i e 0 = i _ v A a o y O nj 1 n �— -- „t•-� <T T f +r"'- roy ^ �/.,. J\ �, �E fie-� � ��\� "?�., P ry u m ! 0 m l n S f e l il n J o a v` `o _ \ ? 0L .S ✓. 6 0 a SE' of °j 0 al 0l om 5�' Stli _ °t \81 a Sb SZ' Z9 ltll a °ao- svd s'm i m fl 21 " n ' t 0.uP a y1a.05, 0 90- q 1 - & hryoh B a o 1 ESQ - o o \ aa� P a ,po n f .al 0`9 efs s rn Mr eoa - m 7o c � J H $bd Z ; S�✓ 7 pe n .95 .1 60ZI 51. i -- YVny fAv ^v Front 1 R9 � o I1R5 S f ry aY � a 'v / r fl ` 1 _ _ v / - v 1 I I I i nAONVH M N a 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 May 17, 1985 Director Mr, William L. Whitehead Oak Ridge Sand Company, Inc. P.O. Box 35 Wilmington, North Carolina 28407 Re: A. D. Royal Pit, New Hanover Company Permit Renewal Dear Mr. Whitehead: The above mining permit issued to Whitehead Construction Company will expire July 20, 1975. We will be happy to renew this permit and transfer it to the current company name. However, the current $2,500 surety on file is in your name. Since the corporation is technically the "mine operator", the surety must be in the name of the mine operator. I am returning a copy of the present assignment form and a new bond form and assignment form. Please transfer the surety to reflect the current name of your company. If you have any questions concerning this matter. )/ LAND cerely, es D. Simons, C.P.G.S. , P.E. ing Specialist QUALITY SECTION P.O. Box 27687, Raleigh, North Carolina 27611-7687 ldephone 919 733-3833 An Equal Opportunity Affirmative Action Employer C� IMPORTANT To _ Date Time WHILE YOU �yWERE OUT M W /r of Q (y Phone 7(o a Q Q Q AREA CODE NUMBER EXTENSION TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message Signed N.C. Dept.of Natural Resources and Community Development NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT 1 , Date 19_ To: From: Remarks: ACTION ❑ Note and file ❑ Noia, Initial and forward ❑ Note end return to me 0 Your comment., plea.. ❑ Not. end eaa me about thle ❑ For your Information ❑ For,your approveI ❑ Prepera reply for my dgnatura ❑ Par our mnyeraarlon ❑ Prepare Information for me to reply 0 Par your npunr [j Plate. amwv,with copy to me 17 R-WIn with more dandle rj To be filed April l7, 1975 Mr. W. L. Whitehead . P. 0. Box 71 Sfiluingbon, North Carolina 2a4O1 Dear Mr. Whitehead: The application for the Royal Pit in New Hanover County has been found to beet the requirements of G. S. 74-51 of "The Mining Act of 1971" and is to approved subject to the following conditionsb 1. That the revegetation plan of seeding pines will be carried cat in accordance to the recommendations of the Office of Forest Resources or Agricultural Extension Service or 'local Soil and Water Conservatism District as provided try Regaation Number 1. 2. That the final reclamation will be completed within two years of completion or termination of mining as. provided by G. S. 74-53• I am enclosing a band form for your use in securing the required two . thousand, five hundred dollar (S29500.00) bond. Upon receipt of-your completed bond form, the mining permit will be issued. Very truly ems' James D. Simons Assistant State Mining Rigineer JDSslgc Ehclosure April 22. 1975 Mr. Glasgow. Hicks ' P. o. Box We, tiTiladxtgtan� North Carolina. 284M Dear lb'* Hicks: inclosed Please find a copy of the mining permit application submitted to this office by,Mitehead Construction Company. It teas approved on April 179, 105 with conditions stipulated by Ur. James D. Sima'is of this office. I understand that you are olready in posession of the approval letter. Pleas© contact me if I can be of further assistance to you. Very truly yonra• Robert, H. Livermant Jr. Assistant State Mning Higineer MM3rAgc Ehclosure i April 17, 1975 Mr. 1-1. L. Uhitahead P. 0. Box 71. 1tilmington, North Carolina 284M Dear Mr. Whiteheads The application for the Royal Pit in New He never County has been found to beet the requirements of G. S. 74-JA of "The Mining Act of 1971" and is hereby approved subject to the following conditions: 1. That the revagetation plan of seeding pines will be carried out In accordance to the recommendations of the Office of Forest Resources or Agricultural Extension Service or local Soil and dater Conservation District as provided by Regulat9.nn Number 1, 2. That the final reclamation will be completed rrithin .two years of completion or termination of mining as provided by G. S. 74-53. Z am enclosing a bored form for your use in securing the required two thousandp five hundred dollar ($2g500.00) bond. Upon receipt of your completed bond forms the,raining permit will be issued. . Very truly yourso James D. Simons Assistant State Mining Engineer JDS:lgc Enclosure April 229 1975 Mr. Glasgow Hicks . P. o. Box 1678 Wilmingtont North Carolina 28401 Dear Mr. Hicks Enclosed please find a copy of the mining permit application submitted to this office by Whitehead Construction Company. .It was approved on April 17t 1975 with conditions stipulated by Mr. James D. Simons of this office. I understand that you are already in posession of the approval letter. Please contact me If I can be of further assistance to you. Very truly yoursr . Robert H. Livermon, Jr. Assistant State Mining Engineer RHL jrAgc Enclosure . I' +ST (o b STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL AND ECONOMIC RESOURCES Box 27687 Raleigh 27611 TAMES E.,HOLSHOUSER,IR. TAMES E.MAR RING'rON fabVERNOR SECRETARY `C TELEPHONE 6 1 AREA CODE Big-049-�.'.' my , 973 DATE RECEIVED �. 1 DATE RECEIVED !N/,j OFFICE OF EARTH RESOURCES MINING DIVISION OfFICEOF EARTH RESOURCES !' MINING DIVISION 1 _ � d t, Mr. C. C. Parmenter Parmenter Transfer Company P. 0. Box 74 Wilmington, North Carolina 28401 Dear Mr. Parmenter: Enclosed please find copies of the form for the Annual Reclamation Report which is required by G. S. 74-55 of "The Mining Act of 1971". Please complete and return two copies of this report for each mine that you operate. G. S. 74-56 requires the Department to inspect each mine after receiving the operator's annual report in order to determine compliance with the Mining Act. G. S. 74-55 provides that the operator shall file a report of reclamation activities within 30 days after completion or termination of mining on an area under permit or within 30 days. after each anniversary of the issuance of the operating permit. The enclosed forms are primarily for the report required for the anniversary of the operating permit. Additional copies of this form for use upon completion or termination of mining on an area under permit may be obtained from my office. Erosion and sediment control measures will receive particular emphasis during our inspection of mine areas. Technical assistance regarding methods of erosion and sediment control is available should you require such assistance. I will look forward to receiving two copies of the Annual Reclamation Report for each mine that you operate. Please contact me if I can assist you in this matter. . Very truly yours, j1t Cra' McKenzie ate Mining Engineer Mining Division JCM:vsl Gentlemen: Cn 9-19-72, we sold our equipment and sand division to Jerry Gore Sand and Gravel Co., P. 0. Box 276, Castle Hayne, Enclosures N. C. 28429. I� C. C. Parmenter Tsued TQ04/ &/07s- State of North Carolina Department of Natural and Economic Resources Office of Earth Resources ;lining Division Application for a Mining Permit G. S. 74-50 of the General Statutes of North Carolina, "The Mining Act of: 1971!'. . 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 terminated, been revoked, been suspended for the period in question, or otherwise become invalid. D. R� ll INQ- 1. Name of Mine -� ^ C� II /1 County 14d saa.,toI/txl 2. Name of Company T2RW loco JkJd c Cou') 00 3, Home Office Address P. O. Pox 2-(e Cw,H.., lJNue,, -A. c. -14 z9 4. Permanent address for receipt of official mail a? G 04.4fl-v Po-1 A){,} A . C_ �It4 7 4 Telephone (0-1 r-11 8 Y 5. Mine Office Address Li u .2 llO til�I W g -o . C. aN o�I Telephone Be 3- 6 S/S 6. Mine Manager �_Tiw� We hereby certify that all details contained in this Permit Applica- tion 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 � q /vv�_ ^(q" A Title 6 - ef221 LI) Date �,- a 4_ -)� *Signature of company officer required. Z APPLICATION FOR A MINING PERMIT A. General Characteristics of Mine. 1. Total acreage at site for which permit is requested : Acres owned None Acres leased 4•85 , more or less 2. Materials mined: Building Sand 3. Mining method: Hydraulic Dredge Underground Shovel and Truck F Dragline and Truck Self-Loading Scraper Other Front end loader and truck 4. Present depth of mine approximately highway level 5. Expected maximum depth of mine Same as 4 6. Area of previous activity: (Identify these areas on your mine map. ) a. Area of previously affected land at present site that is inactive as of July 1, 1972: area east of present sand pit b. Acres previously reclaimed at present site 3 .7 acres , more or less B. Determination of Affected Acreage and Bond. 1. Number of years for which permit is requested 3 (10 years maximum). 2. Total affected acreage : a. Area used for tailing ponds 00 acres b. Area used for stockpiles 00 acres C. Area used for waste piles 00 acres d. Area used for processing plants 00 acres a1 k e. Area of active mine excavation as of July 1, 1972 ./ ` acres f. Estimate annual acreage of new land disturbed by mining X acre, more or less g. Estimate total land disturbed by mining that is subject to reclamation by multiplying Item 2f by 3= .1. .?S acres TOTAL OF 2a through 2g 4.85 acres 3 APPLICATION FOR A MINING PERMIT 3. Check acreage to be bonded : Total affected acreage figure from B, 2 equals acreage to be bonded, x❑ 0 - 4.99 acres ($ 2,500. bond) ❑ 5 - 9.99 acres ($ 5,000 bond) ❑ 10 - 24,99 acres ($12,500 bond) ❑ 25+ acres ($25,000 bond) 4. Will your company file a blanket bond covering all of its mining opera- tions in North Carolina? Yes © No ❑ Check the amount of blanket bond : $2,500 x❑ $12,500 ❑ $5,000 ❑ $25,000 ❑ C. 1. What aspect of your mining operation may have significant effect on wild- life, or freshwater, estuarine or marine fisheries? None 2. Is there a waste water discharge from your plant or mine? Yes ❑ No If yes, indicate the approval document number issued by the Office of Water and Air Resources, Department of Natural and Economic Resources. Expiration Date b. Is there an air contaminant emission from your mine or plant? Yes ❑ No 12 If yes, indicate the approval document number issued by the Office of Water and Air Resources, Department of Natural and Economic Resources, Expiration Date 3. If your mining excavation will come within 300 feet of any neighboring area to be filled to the arerage elevation of the adjacent undisturbed property 2 APPLICATION FOR A MINING PERMIT dwelling house, school, church, hospital, commercial or industrial building, public building or public road, describe methods to prevent physical hazard to such features. xx"3:ixxkix 4. Describe measures to be taken to insure against (1) substantial deposits of sediment in stream beds or Lakes, (2) landslides, (3) acid water pollution. Not applicable 3 5 Reclamation Plan 1. 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. Area to be graded and seeded to prevent wind erosion. G Reclamation Plan 2. Indicate what practices you will take to protect adjacent surface resources. Same as item #1 3. State the method of prevention or elimination of conditions that will be hazardous to animal or fish life in or adjacent to the affected areas : Not applicable 4. Describe provisions for safety to persons and to adjoining property in a1L excavations in rock. Not applicable 5. Describe plans, if any, for screening operations from public view. None 6. State the method of rehabilitation of settling ponds if to be reclaimed during the life of the permit. Not applicable 2 7 Reclamation Plan 7. State the method of control of contaminants and disposal of mining refuse : not applicable 8. Indicate the method of restoration or establishment of stream channels and stream beds to a condition minimizing erosion, siltation and other pollution : Not applicable 9. Describe provisions for prevention of noxious, odious or foul water collecting or remaining in mined areas. not applicable 10. Describe how the surface gradient in unconsolidated materials will be re- stored to a condition suitable for the proposed subsequent use of the land after reclamation is completed and proposed method of accomplishment : Area to be filled to the average ele ati n of the adjacent undisturbed property and sou (��&L: 3 Reclamation Plan 11. Describe your plan for revegetation or other surface treatment of the affected areas. Note requirement of Regulation Number 1. Same as Item #10 Revegetation and/or reforestation plan approved by: Signature Title Agency q. Date �� 1 4'2 4 y —Reclamation Plan 12. Provide a time schedule that meets the requirements of Section 8 of this Act. We should be able to fulfil the requirements within six months. 5 J�- 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 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. *Signed LA — Title �Qrta gi /�- At n F�V Mine JQA�,LU �119or,) �&.4 Qxswd n�o Company �P.tPtw� G Cnore/ `\o.wQ ° *qaQ OIL *Signature should be the same as the officer who signed the application for a permit . P A/o , 6S-� sued 7-�a.-1 �Ip i ves 7 a0 `75 State of North Carolina Department of Natural and Economic Resources Office of Earth Resources Mining Division Application for a Mining Permit Article 7 of Chapter 74 of the General Statutes of North Carolina , ''The Mining Act of 1971" . . .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 terminated, been revoked, been suspended for the period in question, or otherwise become invalid. 1. Name of Mine Royal's Pit County New Hanover 2. Name of Company PARMENTER TRANSPORT CO. 3. Home Office Address WILK WTON. N. C. 28401 4. Permanent address for receipt of official mail P. 0. Box 74 Wilmington; N. C. 28401 Telephone 675-2269 5. Mine Office Address Highway US 421 North Wilmington, N. C. 28401 Telephone 763-6515 6. Mine Manager C. C. Parmenter We hereby certify that a1.1 details contained in this Permit Applica- tion are true and correct to the best of our knowledge. We fully understand that an willful mis- representatio o fac s� ill be cause for pe e ' ion. *Signature Title Partner Date May 10. 1972 *Signature of company officer required. Land Entry Agreement We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation for the purpose of making necessary field inspections or investigations as may be reasonably required in the adminis- tration of this Act. We further grant the right to make whatever entries on the land and to take whatever actions may be necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture ordered pursuant to Section 14. - *Signed - / Title Partner Mine Royal's Pit Company Parmenter Transport Co. * Signature should be the same as the officer who signed the application for a permit. s �r RA/6 . 6 S- i State of North Carolina Department of Natural and Economic Resources Office of Earth Resources Mining Division Application for a Mining Permit Article 7 of Chapter 74 of the General Statutes of North Carolina, "The Mining Act of 1971" . . .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 terminated, been revoked, been suspended for the period in question, or otherwise become invalid. 1. Name of Mine Aoyalle Pit County New Hanover 2. Name of Company PARNMIM T'aMFORT CO. 3. Home Office Address 1f1LMMTOITs H. C. 28401 4. Permanent address for receipt of: official mail P. 0. 13OX 74 4111minp,Eou, U. C. 28401 Telephone 675-2269 5. Mine Office Address Hig)aly M 421 Fortb Wilmington, If. C. 28401 Telephone 763-6515 6. Mine Manager C. C. Parmenter We hereby certify that all details contained in this Permit Applica- tion are true and correct to the best of our knowledge. We fully understand that any ILful mis- representati of f cts w 11 be cause for pe it oca - n. *Signature o"�� h>z-,__ Title Partner Date ft 10. 1972 *Signature of company officer required- Land Entry Agreement We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation for the purpose of making necessary field inspections or investigations as may be reasonably required in the adminis- tration of this Act. We further grant the right to make whatever entries on the land and to take whatever actions may be necessary in order to carry out reclamation which the Operator has failed to complete in the event a bond forfe`i'tu e 1 ordered pursuant to Section 14. *Signed L Title Partner Mine Royal's Pit Company Parmenter Transport Co, * Signature should be the same as the officer who signed the application for a permit. January 30, 1973 • I Mr. C. Elliot Winn, Jr. Winn Insurance Agency 4318 Market Street, Wilmington, North Carolina 28401 Dear Mr. Wino Enclosed is the information you requested in your letter of January 25, 1973. The only additional information needed will be two cover pages and two land entry aggreements to be filled out by Mr. Gore. I have included these along with a .copy of the Mining Act of 197111-. If I can be of any further assistance please advise. Sincerely, Pete H. Evans Assistant Mining Division 'phes enclosure i 1 I I WINN INSURANCE AGENCY North 17 Shopping Center 4318 Market Street Wilmington, North Carolina 28401 Phone 763-4401 January 25s 1973 Yx. Pete H. Evans raring Division Department of Natural and Economic Resources Box 27687 Raleigh, North Carolina 27611 Re: Jerry M. Gore Gore Sand & Gravel Company Dear Mr. Evans: Hr. Gore has contacted us in connection with the writing of a mining . permit bond for their sandpit on Highuay 421. In fact, some of the delay in this instance has been caused by our office's not being familiar with this type bond. It is my understanding from Y,k. Gore that he will simply take over this situation from Parmenter Transport Company, who previously filed the necessary papers with you for conducting this sandpit operation. It is further my ,understanding that you will simply transfer the permit; and in order to underwrite the bond in this case, we need a copy of the reclamation program as filed with you so as to determine our risk under this bond. If you will please photostat the reclamation schedule and furnish me with a copy, we will attempt to get this matter squared away for you. h•Yany thanks. Yours truly, W NN INSURANCE /AGENCY ,/ BY: El�ftl Winn,r J_r;k PROFESSIONAL MULTIPLE LINE SERVICE —ALL FORMS .....gip...,. December 14, 1972, J Mr. Jerry M. Gore Gore Sand& Gravel Company P. 0. Box ,276 Castle Haynes North Carolina Dear Mr. Gore: On October 10, 1972 we sent you ,the necessary forms for completing the transfer of Parmenter 'Transport Company's mining permit to, your company. SJe also sent a new bond form in the amount of Two thousands five hundred ($2s500.00) dollarssas required by G.S. •74-54. It has been two months since then and no sign of either the permit or the bond form. Please get these to us as soon as possible. If we can be of assistance, please fees free to contact us. ;. / Sincerely, J / Bete H. Evans Assistant ` Mining Division �,PHE:vsl I1 I ` a I ' October, 10o lc72 I Mr. Jerry M. Gore'. Jerry M. Gore Sand & Gravel Company ( P. 0. Box 276 Castle Hayneo North Carolina Dear t1r. Gores I have been informed by Mr. Ted Williams of Parmenter Transport ' Company that you have acquired a send operation from Parmenter Transport . Company. • Mr. Williams inquired as to the procedure for the transfer of mining permit to your company- I am sending you a bond form for your use in securing a Surety Bond, in the amount of'Tvro thousand, five hundred�($2,500.00),dollars* as required by 0. S: 74-54o I am also sending you under separate cover an, forms necessary for applying for a'mining permit for your use in r the event that you would like to change the application ,as submitted by Parmenter Transport Company. The application'as submitted by Parmenter Transport Company has been approved and changes are not necessary.but can be made should you desire to do so. ' Howevery we will require the cover .pagelto be resubmitted indicating the change of ownership4 also the land entry agreement must be signed. Please send two copies of the cover sheet and land entry agreement. I will look forward to receiving your completed Surety Bond at which time Parmenter Transport Company's bond will be released. I also look forward to receiving the completed cover page and land entry agreement as part of the application for a pit. Please contact me if I can assist you in this matter. Yours vary truly J. Craig McKenzie] State Mining,Engineer Mining Division JCAiival � I CCs Mr., Ted Williams anclosure ' ( 1 1 June 28, 1972 Mr. C. C. Parmenter• Parmenter Transport Company P. 0. Box 74 Wilmington, North Carolina 28401 Dear Mr. Parmentern Your application-for a mining permit for the following mine has been found-to meet the requirements of G.S. 74-510 Royal's Pit — New Hanover Ccnmty Your application, including the reclamation plan, is hereby approved by the Department. I am enclosing a .form for your use in securing a Surety Bond in the amount of two thousand, five kiundred ($2,500.00) dollars, as required by G. S. 74-54. Please return the completed Bond as executed by your Surety. Upon receipt of the Bond your Mining Permit will be issued. Sincerely, J. Craig McKenzie State Mining Engineer Mining Division JCMIVs Enclosure I May'31, 1972 Mr. C, C. Parmenter Parmenter Transport Company P. 0. Box 74 Vilmington, North Carolina 28401 Dcar Mr. jprmznter: Ueon review of your application for a mining permit, we found a couple of .points that need clarification. Under B-1 of page one of , the application, we need to know the number of years foi ,whtch the permit is rcquected.' In addition we need a time schedule as asked for under number 12 on page five of the reclamation plan. If we can be of any assistance in this matter, please feel free to contact us. Sincerely, Pete 1I. Evans Assistant Ilt Mining Division per Enclosure J , } fi WINN INSURANCE AGENCY North 17 Shopping Center ' 4318 Market Street Wilmington, North Carolina 284 Phone 763-4401 August 13, 1973 Mr. Pete H. Evans Mining Division Department of Natural and Economic Resorces P. 0. Boa 27687, Raleigh North Carolina 27611 1 1 Re: Jerry M. Gore, d/b/a Gore Sand and Gravel Co. Castle Rayne, N. C. �1 Dear Mr. Evans: In accordance with our previous telephone conversations and correspondence, ore enclose herewith the mining permit bond as requested on Mr. Jerry Gore. I Ilbelieve this will clear your records but if anything further is needed please let us know. 1 Many thanks. 1 Yours truly, WINN INSURANCE AGENCY BY: C. E liott Winn, Jr. 6� loup,F., PROFESSIONAL MULTIPLE LINE SERVICE —ALL FORMS In.,.m�WFpl �. .. . . ,,.. G ; . .. .. ... � � � ., .. .. . . . . . ... u 1 . �. i ,.. p ! . Oy .. . .. •: '�. rr; :. ' i i I '�._t. • a N - N N \ it m w "7•^ eW '� .o �.c PtH w. •�1 e � a - A [L.a0AD1 ru oJ•rler areas are_. air e.adN N O _ — or in be_ re el a l zd . N [i 0 /N• TCtZ N �Fi �J ❑ ��d f ��p� ���• ro i n N w ti N N rl F a b N N { 1992 ., II I � l T t. J + NORT _ a HFgsT\ �4�jyEAST\ 09 \ A U \.. CA CR X y7 N N N \ / A 1 4L 1 • T 1 N eM.000 YM"OCO �\ NN•'O0D M MAIM R PREPARED !M YUMK L[iLNO OAC p YY" YS1[al.M„ C RA[[ C°UITE YN[ [DLL KN NYOF O uARATT NTT NAMMS LEGEND IN[NR[D R +.EI.X[D • C . 1ONM[MI YK LATER CWNO D! CWNR PLANNING �AP °"L v "`r•MN D _y= f' Yuxa<L UM cDwlnwxY. YYQI MT I IO.MXM YK1Y U. LOLL KN xugv[N C n• .• MI.I.LT N✓O L aA[CT [/. TMIYNL[ n••• r • u 1111R01b N/N CO11XT NIIMANTON. Y.C. ORl N YY•, T yL ju 1 a PLANNING MAP _._... _ ".am uK LATE[ swA v awN NEW HANOVER COUNTY � iii[ i°io NIYV \aKK Y ..r.-' .nq :[.o DATA v NR..Y, M.IMT ROYI N nIM[T R/N TN.. 4uNiELw.El1 yTc a <MK MDTO TAN. �. a - IRLRR.I[ xn. IT11M RRI rpYI1N1 MLI --. N. WruT � e 7 UC N.T XTL.MT1. <OKI. NEW HANOVER COUNTY ONTL OF <ANI MMTO" lR,It's � � S� LAI C.D ARMAR &an" � .... ..... : NORTH CAROLINA 6 N .. NIICCL SEAR a [u.. 1 .M°NORTH CAROLINA ' iIRRR.Y. N.T.� 1 �—��1.� M<.X�Y 21 iTL1YTE. <aMi � M IMPORTANT To Date Time I D .3 0 ` WHILE YOU WERE OUT of Phone_ AREA CODE NUMBER EXTENSION TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message �.r Ii7 (QCL(-)C c5( Signed N.C, Dept. of Environment, Health, and Natural Resources ��0 P,,n,don RXq Iad Paper North Carolina Department of Environment, Health, and Natural Resourt�s, Division of Land Resources, Land Quality Section rrq; /.904 MINE INSPECTION REPORT �W ((PFAMRTED MINE) 1. MINE NAME A . .r). VUQ. P i 2. MINING PERMIT# 3. OPERATOR COUNTYA1�rW1/6.14tr ' 5. ADDRESS PA, AliX 6. PERMIT EXPIRATION DATE c17V95- 7. Person(s) contacted at site A-,,/v dlle 7'.4 LL r-e, _L d `/!w / r 8. Was mine operating at time of 'inspection? - • ' p,fes ❑No 9. Pictures? ❑Yes p'No 10. Date last inspected:�/ 7 /471?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? y"Yes ❑No If no, explain: 14. Did any bf the above deficiencies result in offsite damage? ❑Yes El No If yes, describe the type and severity of the damage: 15. Corrective measures needed and/or taken: 16. Other recommendations and comments: . C,'.+ - a i fig It, '31,ol;e G Azi.u., G✓aded 4v,P e . ,,- ed . l7UP(n0l. ;/e. /meuIjrzl nl- -11 ,e ✓160"M_i f r.,ta,.., e7C-Vo in. HA I" ,,I 17. Is the Annual Reclamation Report +/- map accurate? O'Yes 4❑No (Explain) ❑Not Reviewed 18. Follow-up inspection needed? ❑Yes [I No Proposed date_/_/ 19. No. of additional pages of Inspection Report. 20. Copy of Report sent to.operator (date) INSPECTED BY: S� , !� / DATE � l I GJ l Cf"tJ Phone No: ( „,- _ ) `?i 5 - White copy to /ile Yellow copy to operator �Jnkcqpy to Mining Specialist 9/91 State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James G. Martin, Governor Bob Jamieson William W. Cobey, Jr., Secretary Regional Manager February 13, 1992 CQ2TI= MAIL P-813 412 966 R E C E I V E D RE JRN RECEIPr REQUES D fEB. T419�2 Wilmington Sand & Gravel Co. , Inc. LAND QUALITY SECTION Mr. Kyle N. McIntyre Route 6 Box 47 Wilmington, North Carolina 28405 Re: Notice of Deficiency r— A.D. Royal Pit New Hanover County Dear Mr. McIntyre: On January 7, 1992 and February 13, 1992, inspections of the subject mine were performed by personnel from this office. As listed in the enclosed inspection report, several deficiencies were observed that require your prompt attention. The deficiencies discovered and the necessary corrective actions are as follows: Operating condition No. 10. The security which was posted pursuant to NODS 74-54 in the form of a two thousand five hundred dollar ($2,500) certificate of deposit 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. The total affected area associated with the mining operation has exceeded the bonded acreage. As an alternative to filirx3 the attached minim modification permit application to increase affected acreage, you must immediately initiate reclamation of this site and complete the reclamation with 30 days of receipt of this Notice. A further option is for you to reclaim a portion of the site but still increase your permit and bond to reflect an area larger than the existing 4 acre permit. Should you choose either of these alternatives, you must submit, within 15 days of receipt of this Notice, a plan detailing the intended reclamation including a specific schedule for cornpletion of this work. 127 Cardinal Drive Extension, Wilmington, N.C. 284053845•Telephone 919-395-3900• Fax 919-350-2004 An Equal Opporeuniry Affirmative Action Employer Wilmington Sand & Gravel Co. , Inc. February 13, 1992 Page 2 If the previously described deficiencies are not corrected within 20 days following your receipt of this Notice, this matter will be referred to the Director of the Division of Tani Resources, Department of Environment, Health and Natural Resources, for the issuance of an official Notice of Violation in an effort to secure cmpliance at the site. If you have any questions regarding the status of this mine orl other related matters, please do not hesitate to contact Carol Miller or myself at this office. Sincerely, Daniel E. P. Regional Engineer land Quality Section DES/CNM/sfc Enclosure cc: Mining Specialist North Carolina Department of Environment, Health, and Natural Res Division of Land Resources, Land Quality SectionQUEUED- MINE INSPECTION REPORT fES 141"2 (PERMITTED MINE) 1. MINE NAME /il. !. . l- , / '` �,,.,���^UALIT(-SECTION /./ / ���i 2. MINING PELW . 3. OPERATOR 1:/. li� . C. i_f �ii-` 7 4. COUNTY I.. ' i✓. . 5. ADDRESS , , "i %n, _7 ,ae -7- - 6. Person (s) coritacted a(site i! . '/_ , 7. Was mine operating at time of inspection ? " ' D Yes L3 No 8. Pictures Ej Yes .No 9. Date last inspected:?1 v / co 10. Any mining since last inspection ? QYes No 11. Is the mine in compliance with the Operating Conditions of the Permit ? ❑Yes 0j No If no, explain: 12. Is the mine in compliance with the Reclamation Conditions of the Permit ? Yes © No It no, explain: ,• i3 jbid any of the above deficiencies result in offsite damage ? ❑Yes 0 No If yes, describe the type and severity of the damage: 14. Corrective measures needed and/or taken: : T _ 15. Other recommendations and comments: 16. Is the Annual Reclamation Report+/ - map accurate ? Yes ❑' No (Explain) Not Reviewed 17. Follow-up inspection needed ? 0 Yes ❑ No Proposed date 18. No. of additional pages of Inspection Report 19. Copy of Report sent to operator (date) INSPECTED BY: / i. . ._/" l/1 1,1,2'w �. DATE: -, / -2 / a Phone No: White copy to file Yellow copy to operator Pink copy to Mining Specialist B/B9 vti w 'b 'i 5J .:J erg. _t� 7 ¢'9 !y. b-i.. •.c� d) " � n �'-r,' � ': �� �. 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NC OOm � 'i :'�1 -i ® ®OS�� O as OQ i 'I 31,1 O I1 H%YW JI J lr_ p O Z lzlz Z 1 v O Q F N Z e p Z w g N O a 6 3 S ^ 1 86 = o - "o n `�• - Qu - - e Z a rv° 3 s v =z- ^� > Z a a s J Q \ LL b F u K A Ae� W a ci Jcr- y'43 a = O I H — w wQ p O p �i Z. o Te «I ,°oo'oFzz �`S�J `- •� AI v LL m" 0 a 0 -: a 'ri �3 W ,0000vEz \ Hunts �n�no mlm u, - g P O a a n e w 0 U wZr �ao` db.� o �' �� oa00 d z�` ♦ b ¢ G O w , C ZO .I j mb°•ng of _ = v - zl u° a u� xu ffANlv`Y[Y vnv °� �� f�`C rc25 „� F � W,000bECT �' '� « m g �� ;'IQ F- ° Rnu � • z "/�J( ate" ® a".t.Y o` \��� iIu lu si F:ti � 9NVJSI 3l`JV3 S N O re O , ,OOogG NwAO,eCNA cp ti Li , 3 P 0) f 0 -CO ° �. 11 4 - C CryFPF V l rA \ JI Lr r. �`\ T t :i i i o� .,�b • v e^b + ro '_ r '�� C MATCH LINE'- - 4P . U Or Y I M L wO l ?l 1 _Is Y ^I Zi z [ ' II LL II R � - m z e z'z \\ a—o �\\\ dam•_ _ —. III I - 5 qI g y \tip nI 60 m OS ° I a Sl on g° 0' g0. Z ^. go. • �Z ���\`\ a r o O6 ^' OB O m �h � /w � • Q F � Q o )3 +� � ^�m h B0 BO//� •n � r f N�OC' / 1A.LA1.,ZZ� - " °a-Iry 1 _ 2 �a OYi ZB � - S'a j 9 YO - \o ° ,. I � .� HMI 5 o n w o o ' J w 11 ➢P m' ry a IU m m o noel nl l Is sl 1c ZC � m n - l o Lf' Ff EPF 3 I ni pzM of zo< V� � I II LI9LE VNIIO?J J HAON'HOGIW SAVMHOIH d0 NOISIAI° NOUVMOdSNtltll d0 I WIHVd3O'J'N'Sd" 453tl°°V' 1SO�IVNIWON V 1V J090d 3H1 Ol 3 Sg WAV 3W J"SIH130 S3Id03 HaAONVH M N 1 _ ON State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Governor September 28 , 1992 Charles H. Gardner, P.C., P.E.. William W. Cobey, Jr., Secretary Director and State Geologist Mr. Kyle McIntyre Wilmington Sand & Gravel Co. , Inc. P.O. Box 209 Wilmington, NC 28402 Re: Royal Pit Modification Request Mining Permit No. 65-05 New Hanover County Dear Mr. McIntyre: The review has been completed on the additional information submitted for our review of the modification request for the mining permit for the Royal Pit in New Hanover County. The following information is needed to complete our review: 1) It does not appear that the submitted Assignment of Savings Account is the original document. The Assignment form filed with this Department does not have original notary and bank seals and does not appear to have the original signatures. Please forward the original document to this office. 2 ) The permit limits must include the total body of water, as a part of a body of water cannot be released from a mining permit until mining activities have ceased in all areas of the body of water. Shore lines may be released if final reclamation has been completed. Please show the permit boundaries extending around the lake and include this acreage in the permitted acreage. 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 modification request, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section P. O. Box 27687 Raleigh, N. C. 27611 Geological Survey Section I ind Quality SCCOOn Geodetic Survey Section (919) 733-2,123 (919) 733-4574 (919) 733-3836 P.O. Box 27687 • P-Acigh, N.C. 27611-7687 • lclephonc(919)733-3833 An Equal Oplwrnmity Affirmative Action 15nployer Page 2 September 28, 1992 This information should complete our review. We look forward to finalizing this modification request. Please advise at (919) 733-4574 .if you should have any questions on the above. cerely Be h U. Ch song Assistant Mining Specialist Land Quality Section BUC\ cc: Dan Sams July 29, 1992 4:• MEMORANDUM JCL ; p 1992 TO: Beth Chesson or Tony Sample FROM: Dan Sams RE: Mining app 11cation review comments . A.D. Royal Sand Pit Major Modification, Wilmington Sand & Gravel Co. , Inc. , New Hanover County - Enclosed is the additional information that Beth and I spoke of as being necessary to finish our review of this application. An accurate plan of the site is included that Carol and I verified this morning by the inspection of stakes that located the mining area limits. We ran the stake distances via wheel (actually I did, Carol is starting month number 9) , and confirm the given dimensions. Mr. McIntyre made the statements that we felt were needed both on the plan and in his letter to me. The original documentation of the Certificate of Deposit is enclosed. The map scale is an architectural scale of 3/8" equals 100' (which is aproximately 1" = 266' via engineering scale) ; however, I recommend that we accept it as submitted. Rocky Point Pit, CCC Sand & Gravel, Inc. , Pender County - We have reviewed the plan and inspected the site and enclosed is the R.O. Review Checklist and our inspection report. We have forwarded the application to DEM for comment and will forward that information when provided. This project was originally started by Aberdeen Sand and Gravel Co. (see case file LQM 89-049) and we are pursuing enforcment and penalties from that company. The mining operation has not been objected to on environmental reasons; therefore, we express no objections to its reveiw and issuance. Please note that a new enforcement case and update material for a second case are included. DES/dan 1 I I I Y _- Sand & Gravel Co., Inc. �c c 5 01992 _ I July 21 , 1992 Mr. Daniel Sams Dept. of Environment. Health And Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28405 3845 Re: A . O . Roval Pit Dear Mr . Sams , As per our on-site meeting. this date, please let this serve as notice that we do not intend to mine any more tnan 10 acres without reclamation of previously mined areas . Also. please find enclosed the original paperwork for the Certificate of Deposit that increases our bond to $5000 .00 . Feel free to contact me if you need further " information . A y, McIntyre Encl . Highway 421 North • P.O. Box 209 • Wilmington, NC 28402 • Office: (919) 763-4560 • FAX: (919) 762-2815 1.,The condition of the foregoing assignment is that if the assignor" �cperat6f•* conducts the mining operations faithfully, honestly, and lawfully and .in n compliance with the requirements of the Mining Act of 1971 and applicable -Rules and Regulations adopted pursuant thereto, then this assignment shall be null and void; otherwise it shall remain in full force and effect. Compliance with the requirement of the Mining Act of 1971 and applicable Rules and Regulations shall be determined by the Department. This assignment is made and the certificate o f Deposit (passbook, deposit book, etc.) is to be held by the Department as collateral security for all direct or indirect liabilities of the assignor Operator to the assignee Department which may arise by reason of the Mining Act 1971, Article 7, Chapter 74 of the General Statutes of North Carolina. This assignment shall be direct authorization r(s�igrnature to pay said sum to Department on demand by Departmeank name) / of Operator) 1 Sworn to before me this -f�yCcc.�y day of 19 9 Notary Public My Commission Expires l (Affix Seal) L't, ACIUMLEDGEMENT BY BANK The foregoing Assignment o Savings Account is hereby acknowledged this '�p /A day of c 19 cf It is further acknoViedged that funds in the above mentioned account shall not be disbursed except to the assignee, Departmient. of EIINR so long as the assignment remains in effect. Tis the a�� day of b D-' /Fiftufhorized agen or bank Bank Seal 1 it n '�J !� l; l• ><�� ivC. a Y�' % mai ing address of bank Mrn to before me this �2 7 771 day of " - U/Ll( 19 9 P-�' — Notary Public My acmission Expires /(- a 9 y ix ealj 4i ASSIGNMENT OF SAVINGS ACCOUNP This Assignment, made and entered into the 27thday of February , 19 92 , by and between Wilmi[gtrrt Said & Q.acPl Go.,Irc , of HWY 421 North (Operator) address - city of , County of New Hanover , State of North Caro �a a North Carolina Department of Environment, Health, and Natural Resources; and WFFffiRFAs, The undersigned Wilnrirrltrn & S3rd & f3avei ub.rn'b. (hereinafter (operator) referred to as "Operator") is desirous of engaging in mining operations in the State of North Carolina and such mining operations are subject to the previsions of the Mining Act of 1971, Article of 1971, Chapter 74 of the General Statutes of North Carolina; and WHEREAS, NCGS 74-50 requires that mine operators obtain a permit from the Department of Environment, Health, and Natural Resources (hereinafter referred to as "Department") before engaging in a4 4 g operations, and NCGS 74-54 requires that a surety bond in favor of the State be.maintained or other security be filed with the Department, in connection with said permit; and WHEREAS, Operator has a savings account in Zbtions Bank bank name at 155 N.Front St. , City of Wilmington (address) County of New Hanover , State of North Carolina, Samiaga ---- Certificate of Deposit No. and WHEREAS, NCGS 74-54 authorizes the Department to accept from Operator an assignment of a savings account in a North Carolina bank, in lieu of a surety bond; NDW, THEREFORE, in consideration of the premises and the Department accepting an assignment of said savings account in lieu of a surety bond, the undersigned Operator does hereby sell, assign, transfer, set over to the Department of Environment, Health, and Natural Resources 11<0 lttnsvd &"Five Har3.'sd dollars ($2500.00 ) of the suns on deposit in his name llaz amount written in Nations Bank , City of Wilmington County of New Hanover name state of North Carolina, No. Certificate and further authorizes Nations RAnk bank name to pay over to the Department of Environment, Health, and Natural Resources the above sum of so 2fxr?~,ra s Eiie ram dollars ($ ) out of the above money deposit in the above account in his name. State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Governor July 6, 1992 Charles H. Gardner, P.G., P.E.. William W. Cobey, Jr., Secretary Director and State Geologist Mr. Kyle McIntyre Wilmington Sand & Gravel Co. , Inc. PO Box 209 Wilmington, NC 28402 Re: Royal Pit Modification Request Mining Permit No. 65-05 New Hanover County Dear Mr. McIntyre: The review has been completed on the additional information submitted for the modification of the mining permit for the Royal Pit in New Hanover County. The following information is still needed to complete our review: 1) Though the cover letter dated May 7 , 1992 indicates that the areas to be permitted and the areas to be reclaimed have been located on the mine map (orthophoto map) , these areas in fact have not been clearly identified. Please label all areas to be covered by the mining permit and all areas to be reclaimed. As a reminder, any areas that have been previously mined must remain under the permit until such time that a formal release request has been requested and approved by this office. 2) It is evident that the reclamation bond must be increased from the current amount of $2 ,500.00 to a more appropriate amount. Based upon the acreages indicated on the mine map and on the revised page 2 of the application form, the bond amount must be at least $5 , 000 . 00 (please see the attached bond schedule) . It appears on the same mine map, though, that all areas to be affected through the 1995 expiration date of this permit have not been included. Please clarify in writing and on the mine map the acreage that is to be affected at any one time within the permit boundaries . PLEASE BE ADVISED THAT OUR REVIEW CANNOT BE COMPLETED UNTIL ALL OF THE ITEMS LISTED ABOVE HAVE BEEN FULLY ADDRESSED. Geological Survey section Land Quality section Geodetic Survey section (919) 733-2423 (919) 733-4574 (919) 733-3836 P.O. Rox 27687 • Raleigh, N.C. 27611-7687 • Telephone(919)733-3833 An rqual Oppmunity Affirmative Action Employer Page 2 July 6 , 1992 In order to complete the processing of your modification request please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section P. O. Box 27687 Raleigh, N. C. 27611 Please advise at (919) 733-4574 if you should have any questions on the above. S ' c rely, B th U. Chesson Assistant Mining Specialist Land Quality Section BUC\ Attachment: Bond Schedule cc: Dan Sams RECEIVFQ ma i 11992 LAND QUALITY SE^T'OIN May 8, 1992 MEMORANDUM TO: Beth Chesson and/or Tony Sample, Assistant Mining Specialists FROM: Daniel Sams, Wilmington Regional Engineer RE: Mining Permit Reviews A.D. Royal Pit Modification Request, (Permit No. 65-05) New Hanover County - Enclosed is yet more information we received from Mr. Kyle McIntyre for the above mentioned mine modification. The enclosed aerial map while not of a scale of 1"=100', is of sufficient scale to allow us to delineate his plan proposal. My conversations with Mr. McIntyre convince me that he now understands our intent in regards of all other cleared areas not on the delineated portions of this aerial and he agrees to stabilize all nonpermitted areas. We shall hold him to that agreement, which shall include the total reclamation of the pond slopes. The Wilmington Regional Office has not further objections to the modification application. Wells Limestone Mine, Colton M. Wells, Duplin County - Noting the previously submitted information, the new map that has been prepared, the approval of the NPDES permit, Beth's comments, and our previous conversations with Mr. Wells, the Wilmington Regional Office forsees no problems with the application. The areas outside the permit area to be "cleaned up" must fall under the authority of the Sedimentation Pollution Control Act, and we would request that if you have further conversations with Mr. Wells that that point continue to be made. Our last inspection of the site on February 5, 1992, found no environmental problems on site. If all application information is adequately provided to you, this office has no problems with permit approval. DES/dan —a -�— MAY 1 1 1�97 Sand & Gravel Co., Inc. 'A ND 4t!ALi7Y S E T1 OlV W N &Z& a)y MAY 7 1992 May 7 , 1992 Mr. Daniel E . Sams, P.E . Dept . of Environment, Health, And Natural Resources 127 Cardinal Drive Extension Wilmington, MC 28405-3845 RE : Royal Pit. Mining Permit # 65-05 New Hanover County Dear Dan, Pursuant to our conversation and meeting on May 6, 1 have inarked up the 1990 New Hanover County Orthophoto map showing the following areas : A) area to be reclaimed, B) area presently mining, C) area to be mined through 1993 , D) area to be permitted, and E ) bonded area . I believe that all of the information on page 17 of the minirig application is addressed on the maps I have submitL-ed, except the stormwater calculations . Per your approv.:jI , I have omitted these calculation as all stormwater runoff is contained in the mine area. Also my acreage totals do not include wetland areas because they will be left undisturbed. I have also included page 2 from the application form. Thank you for your help. If you have any questions , please call . Sincerely, &Kyle'`H�Mclntyre Highway 421 North • P.O. Box 209 • Wilmington, NC 28402 • Office: (919) 763-4560 . FAX: (919) 762-2815 �� � �� � � �� � K ^ � � � ��8� y y 1�8�) /n�*/ , ���� A9i)lJCATT0N FOR & MTNQNG P8KMlT LAND � M0Y 7 A. G8023BU, {11AR&Ct8OI%TICS OF MINE. �LA@D^0��LJ7� l � � l. nvtal acreage at site covered by this permit application: Acres owned Acres leased 25 Property owner if lea:'��!y ed A . D. Royal Heirs 2. Name of all materials mined: uuud 3. Mining methn8: Hydraulic Dredge r Underground Shovel 6 TcuckDcagline & Truck Self-loading Scraper --`------ Other (explain) 4. a. Expected maximum depth of mine (feet) 25ft . Reference elevation: water level b. Expected average depth of mine (feet) 20tt ------- 5. 8ao any area(s) at this site been mined in the past? Yex_ x Nn____ If no, pro- ceed to Question 6. o. Acreage of previously affected land(s) at present site that has not been reclaimed: approx . 70 aadj%% (identify all ac°aF on your mine map) . 13. When and by whom was this activity conducted? W. L . Whitehcud l072 1985 c. Acreage of previously affected land at present site that has been reclaimed: acres (identify all areas on your mine map) . J. When and by whom was this activity conducted? W . L . Whitehend Wilmington Sand & Gravel Co . e. un you wzou to exclude any areas noted in 5a or n from this permit application? Yes No x If yes, how much? acres (identify all areas on your mine map) . 6. Present (premiuing) use of the land (estimate acreage for each) : Cropland______ ac Pasture ac Forestry ac Finb/wil0li[e ac Recreation a� Other ac --------`-- 7. Proposed laud use after mining and reclamation has been completed (estimate acreage for each) : Cropland_'^____ an Yantucn_________ an Focestcy_________ ac Pioh/\«ildlifo ac Recreation ac Otbez ac B. DETERMINATION OF AFFECTED ACREAGE AND BOND ~ I . Number of years for which permit in requested ( 10 years maximum) . 10 2. Total affected acreage to be disturbed during initial year of operation: a. Area used for tailing ponds 0 acres , ID. Area used for stockpiles acres n. Area used for waste piles 0avres J. Area used for processing plants and onoiLe haul roads acres -" c, Area of mine excavation(s) acres ^ F. TOTAL a-e aCces J. Estimate the maximum amount of land to he disturbed and uorenlaimed at any one time during the. life of the permit. 10 acres Z ^ � • 0 . NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1 . Name of Mine County 2 . Name of Applicant 3. Permanent: address. for receipt of official mai.t_ *Telephone 4. Mine Office Address Telephone 5. Mlue Manager 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 Title *The nand Quality Section should be notified of change in 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. 1 State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. 1'v4artin, Governor April 28 , 1992 Charles H. Gardner, P.G., P.F.. William W Cobcy, Jr., Secretary Director and Stare Geologist Mr. Kyle McIntyre Wilmington Sand and Gravel Company, Inc. PO Box 209 Wilmington, NC 28402 Re: Royal Pit Modification Request Mining Permit No. 65-05 New Hanover County Dear Mr. McIntyre: The review has been completed on the additional information submitted for the modification request for the mining permit for the Royal Pit in New Hanover County. The following additional information is still needed to complete our review: 1 ) Page 2 from the attached application form must be completely filled out and returned. A.1 must indicate the total acreage at the site to be covered by the mining permit and must correspond to the acreage indicated on the mine map. 2 ) The submitted mine maps are inadequate. Please refer to page 17 of the application form for a list of items that must be addressed on the mine map. The map scale must be 1"=100' or smaller to show detail . Also, areas that have been affected must be indicated on the map. The mining limits for the next three years (until your permit expires) must also be indicated on the map. Sediment and erosion control measures must be proposed for all land- disturbing activities within the proposed permit boundaries . Supporting calculations and construction details must also be submitted. All items listed on page 17 of the application form must be addressed on the mine map. Furthermore , the areas you wish to reclaim must be located on the mine map and identified as areas to be reclaimed instead of covered by the permit. You must also provide this office with a schedule of reclamation for this area. PLEASE BE ADVISED THAT OUR REVIEW CANNOT BE COMPLETED UNTIL Go'1'A 1U11QF'sjj 9 ITEMS LISTED ABOV&,XAV,4 S,B,EL''N FULLY ADDRESSED. Ceodedc Snrvcv Sccdon (919) 733 2,123 (919) 733157a (919) 7333836 PH, kox 27687 • R.i,wh, N_C., 2761I-7687 -1C1Cphonc(919)733-3833 /An GGual Oplanumity AffITTMO c Acliun Gnploycr Page 2 April 28 , 1992 Failure to address these items in a timely manner could result in enforcement action. In order to complete the processing of your modification request, please forward two ( 2 ) copies of the requested information to my attention at the following address: Land Quality Section P. O. Box 27687 Raleigh, N. C. 27611 Please advise at (919) 733-4574 if you should have any questions on the above. Sincerely Beth U. Chesson Assistant Mining Specialist Land Quality Section BUC\ AtPchment: Application form CC: Dan Sams APR 13 i992 LAND QUALITY SEC!1ON April 10, 1992 MEMORANDUM TO: Beth Chesson and/or Tony Sample, Assistant Mining Specialists FROM: Daniel Sams, Wilmington Regional Engineer 1Z RE: Mining Permit Reviews A.D. Royal Pit Modification Request, (Permit No. 65-05) New Hanover County - Enclosed is the additional information we received from Mr. Kyle McIntyre for the above mentioned mine modification. Because I did not find it clearly stated, I asked Mr. McIntyre how he was proceeding with the major modification. He wishes to permit upto 24.99 acres, but only disturb and therefore limit his bond to 10 acres at one time. We have informed him that this option will require extensive revegetation, i.e. reclamation, of the site as it exists today. He concurs and agrees to stabilize all area not colored on Map "D". We shall hold him to that agreement, which shall include the total reclamation of the pond slopes. DES/dan • • Wilmington Sand & Gravel Co., Inc. P. O. Box 209 Wilmington, NC 28402 (919) 763-4569 1' t, April 09, 1992 y, !!,� � f �S � �aPR P 1992 'APR 131992 Mr. Daniel E. Sams , P.E . Dept. of Environment, Health, LAND QUALM And Natural Resources $ECPI()RI 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 Re: A.D. Royal Pit ## 65-5 Dear Dan, Pursuant to our conversation of 3/ 19/92, I believe I have put together the necessary maps and information that you and Ms . Chesson have requested for the update on our operation in New Hanover County. I have included two maps each of the following: 1 ) Map A - County Highway Maps 2) Mar) B - Scale Drawing of the plant site and all relative dimensions pertaining to this area 3) Map C - Scale drawing showing area that is being excav;jted ( includes plant site and dredge area) 4) Map D - Includes : a) Property lines of -the tract of land that permit serves and adjacent land owners b) Outline of clearing and grading c) Outline of pit d) Outline of hardroad e) Outline of scalehouse I have also included an orthophoto map that was made on January i , 1990. 1 hope that this information will supply the information that you need. If there are any questions, I will be at your service. Knc rel tyre at int rc rr;,,I. ry the C,:nfluence �f the Lo. 0- volt nit horthu,-t br�nch �r.O.t, Z&Le Ie,r niv.r, thinte u- on ..�rth.ent branch e' lhe L.o, ie �r ;%iver, -r, i- -Pir.lers about t-0 fMilef �� a xrt.ir. wize- -4 , or where. ore rorerly �?,od on the -e t-rn vi-le I !.--1: 1r,ek th� c�rzr I , tr,ct ce i1n1 r�rmvrly telenrinr to Thoext, Ho�ptr thet.ce !�ortq decrees 5; ail (;,/lLC chninp, to th� lir.e -.r Lt,e old cAJ for-r-ly ul�ed s� A vllic rjad �hich -,tEel thr:u,-h Point i'tter P�nrfti'I r., ther.ce herlh.nrdly a �irect line to the held of FI:hInr �-,ttk, th,,:-e do*M the :&Ie. Creek Is I'. onrnrdcr� to the Rorthe'st BrAnch of the -.one Fair ei,er, thence i'wr, the northe-pt Ar4r.ch or the CA,, air hiver a It. me-nderr to a sr,,%Il crvek, the �l,Gt-s Lvir.s'Lcrner, theme In a '.;P.tw,r.11v direction t ancthor rr the FnId Th,,wl--n Lv,,.s C�rl.tr! , thci.ct .:-,h the a-.1.1 Lv-r.r line rp,erred North 2 not I/' derree, *.Ie:t 10 ch-ir.r t Ar��Xh�r crr- r 7f the Flid 7�0�15 W `n' lire, thrn,� with rati lnne,r Ly-r.r., 11re rev,r.,.J ' utb 7C 1,rrtr� '.' linuter we�t t- the cirl wh�r, t he ELsh and Parpley tr,,-p -t�n ei' intert-Of will, th- .11sle. Iwly krij,e L m -r,v r1rht-cr-v1v; thrice with the Hu�h In.1 Parr:,v Ill., 1;�lO If l,rr--r 1,� minul,r e,rt re,trr!�i t� the -Aili injshl', Wty.,r, thence �Ith the sml,l u�: b` 1.ir.� h-rth 7,Q -le,rees 45 minute, we t revertel to Ch�.h�urn'z wh,rf -n the b,ni,- el i,i! Lorthe'At �r.rch : f th, Care re -r elver. thence with therh�dbourn Wh4rf �rollrl with th, �lrls of at i rIv,r t- the Ir,er rel the n4ld Chl,11--urn w�), f, thence wit� said river to the "Prlrrir�, LACOPtIrr, hcwve r, it;ch.-omlon: I at -ut 2� xcrer, c,,nvrvv1 by John for the t1id Lliti r,xt,-r -'ell 1c -n! rAlli, 7M.ter C,v, t,. Al -Pre�-r % Fl,nner, Ire,, t,�, r"o, Fe-.r & T�!, it, ii!�-y 1,nt : -r.1 e.CP,�Ir.r r,:rOor nit Cnne Fe-r 1, 1,11,Jr Valley HIllro-1 IM Its rirht-of-wav, i.e. t�,.r. ,, o I -lltic -j.a Ti,l�It. V-.!!�v. r.nilro,11; ind the 111rino,ton KmIlw,Y Pridge Costany n,V�� r;.-h-- of .�v; :.n! fixther exce,tinr the J,rdp c-aveyed by a.F.Potter to Jo-ps C.-cwder., reccrilp,! in b,(k h.f ,n-rv .�PC rrrp-is f hew htinver C-urAy,Cor.:ttrtIr.r of about five scri :;p ni !he I-nir lyine botwron the �cr�p of the Wortbr%st and Worthwe-t- Brnrher �f the CA"o Fe.r Liver ni The Cxe� f.Ar -ni Yelti 0 Valley deot , cor�irllnr or About five acres, own ed by hall & Pe,reall; alLo txcentiix. ON;ut 17 1/.' acres conveyed to R.C.Cetntwell,jr, now the nrottrity ur th. ,L,strrn Crttcr. ( 11 C,T--Iny. Al:c ivie, In ext,,t1i.r fe-t-to the Above -j"cribed land those certain tracts ind narc�ls th--rf !, r, cnv-,ed t,v �,- JL�v-1 -0 Gcorre ..iletain, np e,,idenced by deeds reglat,red to the 1.! Ic, ! th� 4erl:-tcr of �,eld: �r Lt. han,v,r Lot,nty. V --virtles if the �eeond -nrt in th, followir.r ormoortions: to the Paid i a,J :.pyal .'x- .Ur, �. i6tl.r. Vrs. V.11dred R. sell Mrs. Lloire X.Peixotto, An uniivided' I.e::Irth 1,1,r,:t .3ch Ins.".1d two hu.ndre 6 Pirlity-one/peven hun rid thtrL1!1!nth3 "Ort.1-11 (2011171�) of :11,1 I'm,$, in! 70 the :.at d Charl a A.6' yal Jr -ndV.,s. Naomi 8.1toy 1. 0 n ur-11vid*1 on@- e ui A / seven hun red thlrtie he (701/711) tenth (I/It.) inter, �t eich In �,id two hundred -hty-one :.t vcrti�n rf :o�l I 1,,r.o, %ni t� their rehoective �.*irs and AFmIrno In '#a simile forevir. Ano tt,e t&I-I srtlev or tl,p fir!t �Art coven.,rt th,t they Are veined of F-ttl nre,lAep In fee arl t,.v,- th, r;rht t- ct.nvey ths. rReme In fee Alyrr-le; that the ensue are free from encumbrAnc-s; ant that lie% .111 ,rr-nt end defend the Md title to the one nominee the Iml-s of' all oerA�Os Paid nrtI,3 of the Jr,t -art h,ve he rounto set .h h,nAn and spAl� the d,y a I year r:t above written. C.S. Rovql (pen') C.r.po,nl Ell% f.Rf".l ("nl) Ell, Y kL- do hereby car-'; to, I.Berlyr.r H.Brilt. A Lotiry Publir f rm"P,n Courty. North CirollrA th,t C.-; -.,Y..l il�ll t..Ro,ml, ewroCnally nine%red before see this day snI cl.nowledred, 1.1ii, due *xecutl,-n of th, fortrAt, dco�. iitre-r my h-nd ird rct.rl4l !eal this 2r.d day of K,v,nb,r, 1957 Emerlyne H.BrItt (nov-etnl seal) Notary Pu%lic My tl,)naal.ssicc oxoire,� Aul.29,1959 The for,eroine, certificate of Berly,.. .9. itt a notary W-lic of Samnarn County, North Carol ina. is a tj4dred to be correct,Let the 2: �q act with the cer,If tent es, be repist..red. Witne!ws ry h-eld. thi� 14 ti�y of Nov. It. Ethel A.Lrown,Dy Clerl, Suorrior Court k*cetvcd And! recorded Nov. I�jlq57 aL 5:0C P.P.. 'ai.J vt�rlfied. I 1 9.t f grater �-T u,eds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . k�d ft. �] N�A'Ji f 26 C,IJLI'T hua�. it. hk,pu�,_, 1131- thip 26th day of w__. .1 !artom1,vr,le!7 by -rd between Mildred H.Sivnaon end ...................................;.. hLobind, Guy SIMnson Jr of the County of Guilford.5taWe of borthUArolins, nartice, It the firu; met of S'"Orn C�untv,Korth C4 t, roIIns:,:xrty er the #,coni "rt, AM C.a. koyxi or the tiunty or zai,sm. to r North C rotten rty rf the third eart, nit aberais, Mildrej X.Siaps-n. of the fir-t -Art to iustl indebted to the bat d mr y cf the third art, In the. s,,:0 or four thou It t U r I �k evil "hd Ao I dcnc�d by her urch%,,* Tnoy notes or this -into, for amounts, *h. 4 bel r Itur I n P.Oroot 43 follwo, to wit: Note 4 1 in @mount of :-,CPC.CC b*4rinr intoront at -he r%t* of all -etr eent (15%) J._�_ ;,,��„__:• Chit rl ?Art•-re frr Rero^1:rr hc:a 411 - FibTree Prrsent t,. ..:..e.,_'.. (r"AC Poston: :70EC e The Ln ier!lrnrd IYn trnrrr) Jnnrr it t l lit, Ro"rrrn ' re r7:lre, a: fur••ly her th e+ rr -1per ^•y tr the order .f (De,lfr) Censt.l lb ,lne tort with a nl;cr of rs 7ne:.s it •llrinetrn,N.L. the sum of Fite hundred hlne •re, 2ailt^ f,Llrrs 1!564.7°I In 1: u:rsecut7ve monthly lnrtplarntr of ra:.44 eect, eoa,arclnr nn the 'Sth day of Novenb-r 1457, .mead rr the sea day of each :ucce:rlve month thereafter, told Feet "In, the deferred taletce of the Fe•WItiw price of tee fell wlr.r.accessorles scla are./or re^airr not tsaterlalp lurr.l:.tcd herewith by bald dealer frr .n1 ad cum-onent "arts of the mutcooblle described 1n the d ent.sln. chattel mcrtrmre !reerins naymer,t '>f safe, ^rice. w "crier heri and ms.erlal I '•otnl :f•.e Tice 47)7.70. :he aforscaid uraertimed, hereinafter re.re-red to +s store f.n rer, for Fe cur lnr onysent of the deferred [.,lance rf the tct al -rf ce of.&cc@nForter d IS Ana, dFllverpA .-nd/er rernlr work l•ecr, n,rvlr,s it...saterfalp furni!hed, -.s Cere7rt+bovr de!cribed,by the aforesaid denler, herein-,. after referral t: ns We..rafre, has harralnee AreAvid, An! by those repent- disc rent, b.rr•1n; '.•r.1 :.ell onto the mortrarrt, h1! , their, or Its heirs, executors, +Amfnlstraters, surees!ore and nl Flrns the fo:lwlnr r>oaa, chattelr and rereci property, includinr sofa ac(v Frnrtep and thereon:- ^ _!%ev'cr :e^r No w perial pen_ ale Body, ty-P Model No ruf•ctu-A ' C 1 7 h Sr - k S ! t er serieZ ae ton ad!ll.r t. w^^r Feel —�11_1 Y the sa mr until nayment of the aforementioned indeAt eAne!s in aerord- wr.te wlth um terms an ortrera t ^rovlFions cf ■ chattel m executed eontep^orsnr:usly herewith And - rer rcldlnr awonr. oth•.r thin�„ that the kortraccr shall not transfer any in•ere!t threin or in r•I$ =grou.rt v, , r encumber snore. (Return tr C.M,A.C. \ imirrft:n,N.C.) f' In •1'.:.....: -hen ,,t, the mortraFor hat hereunto apt hls hand and real the Is, dot ^f ..��,:n�;;•r.� -lfelan ;ir rFrn _ Jm'rs W. Aoblr.son (4;gnee5) - Mort►a..,rep SSrn+lure w... n..l.,.i..n Personally a^"eared before rc'helon S.Rohlnann, • Mot+ry Public oxecu fir,the him of old Crunty� apt :tote :amrp U. acbinson (Fortraror. who duly mcFncwledled tA• exeeut lrn M him. of the force lr•r CAnttel .Nort/are ,Witness my hind not official Feal this let lay .f Kovemler, 1^x7 � 'Helen S.Robtnson ' (nctarleI heal) Koury Puhlie ;►y comd: slcn exnirco 2A,/5P :L:.. ..F 4.,n in 4..awL;w rc. I1.u6,i_n ...•4k1Y The foreroinr certificate of Helen S.Re6lneon, not"" while of Now Hanover Ceunq, 1a • - udred to be correct. Let the Instrument with the certificate be recorded. This the 14 ity of Nov �957 Ethel A i7 ' C1erkSucterlooerlor. Court Received and recorded Nov. 14,1957 . st2:25 P.N. and /verified. e4later ¢D '700 K lOOro �•��'-y^�'.L '� - - - - - - - - - - - - - - - - - - - - - - - -.- - - - - e. This Deed, made this the 26th dayof SentemMT,1957 by an7 .between C. S. Royal and wife Ella F.'Rcy+l, of ----------------------------------- .Smmnson County, North Carolina, oert{es of the first ^art, to A. u. ••oyil, tire. Lore d. Sutler, of Snmoson County, Korth 4arollna, Mrs. Mildred A Simn"t, _ of Gull`erd Countyy, North Carolina; Mrs. Elolae R.Pelxotto, City of Rutherford, Ner Je racy, anb Cho rl.:n A. aoyal,Jr and� h:e..Naomi Y. Rcti of Sanns:n County, Korth Carolina,parties of the second nart; 1h.11 'in_ paid nartirs of the fir:t "rt in consideration of Twenty-five thouspnd elrht ,Hundred ( 425,ACC) Dellars and other vilu+'le coralder-tlon to them -Id by the salnpert{es of th 'second port, the receipt of which is hereby aeknowledred, have bnrralned AM sold, end by theee 'presents do b'.rpAin, Fell, and convey unto the ss14 Forties or the secc,d pert, their.heirp and aselrlas, in the oronortlons lorelrafter tet out, on oadlvlAed tw hundred etrhtrr-one- seven hi.nired thirteenths portion (241/711 of tope certain tracts or nareels of land lyinr and beinr .In Cane Fear lbrnrhin, New Hanover County, North Carolina end described me follow: -.• th't tract or na reel of land, described in ■ certain dead from W.J. klcCall -rd rife, Aj, 1:cCall to S:L. L19erer et tls, of date the 21st day of wori1,19049 and dui raristered in ' ;.the office of the ReAlsttr of Deeds of New Hanover County in book )9 ae ^are 27 , also described '.1n n certain deed fromD. ••. Yoodecm et ale, to the Ci,isens National 9+nk.of hew"ort,New HsmasA e (Trustee, by deed of date February 4th 1927, duly rortoted in,the office or the Rerlster.of ''Deeds of Ner Hanover ..-cunty in book lab At are 477, and also described in the deed free E.B.Cos .to C.S. hoyml,Tru:tee, datad July 11, 1927, and recorded July 16 19278 also deed from C.S.Roy+1 Trustee, et s1, to North East Land ! Tlsbsr Company recorded in �. R yal. oat• Fles also ;deacribed 1n a tl,we, from North Lrt_ L and limber Company to C.S. Royal, 0.\.Flulnr ese Y.M. -Fleminr dtted Seotember 12,1976 and recorded 1n Book 261,eeye 242 in the offles of the Rovister :of Deeds of Now Hnnn ver County; alaordescribed 1n a deed from William M.►lamine, and rife Mary A. y le al nr, to Mrs. lsisy M.elemintr, dmttd Lee ember 1C,1936, andreeorded in Book 26r, pare �Itl, e • �offlce of the Rer later of deed• of Now Hanover County. ( Nrferenee is made to pit of sold deeds -for a full Apt comalets deserintlon of the eroaerty heroin referred to). Bald property being Mfurther described as follows • NEW HANOVER COUNTY • INSPECTIONS DEPARTMENT FLOODPLAIN INFORMATION AND ENFORCEMENT DIVISION 414 CHESTNUT STREET WILMINGTON, NORTH CAROLINA 28401 ( 919 ) 341-7175 Date : March 20, 1992 APR 9 1992 RE: Map Determination UP-T Q;'rO J-v ;J TO WHOM IT MAY CONCERN; The property located at: kilmingto6-Sand & Gravel Highway 421 North also known as ( legal description if needed) has been located on the County' s Flood Insurance Rate Map (FIRM) . The following information is provided: New Hanover County' s community number : 570168 The property is located on panel number: f)f)d() , Suffix: D. The date of the FIRM index: April .15 , 1986 . The property is located in FIRM zone : —C The main building on the property: x-is not located in a Special Flood Hazard Area. is located in a Special Flood Hazard Area: The base flood elevation at the property is : NGVD. In the event of a hurricane, you might expect water to rise to at least this elevation. Federal law requires that a flood insurance .policy be obtained as a condition of a federally-backed mortgage or loan that is secured by the building. Flood insurance is available in New Hanover County. —A determination of the buildings exact location cannot be made on the FIRM. A copy of the FIRM is attached for your information. NOTE: The determination is based on the Flood Insurance Rate Map of the County. This letter does not imply that the referenced property will or will not be free from flooding or damage. A property not in a Special Flood Hazard Area may be damaged by a flood greater than that predicted on the FIRM or from a local drainage problem not shown on the .map. . . This. letter does not create liability on the part of the County, or any officer or employee thereof, for any damage that results from reliance on this determination. Bui;ding Official Date Alp MINE SITE REVIEW FORM rr�`F PROJECT NAME: c/ 141A)C' Assignment Date: Requested Reply Date: Assigned To: Approved By: REVIEW ISSUES: Watershed/Stream Name and Classification: Comments: PERMITS: Is a NPDES Permit Required? Yes No NPDES Permit Existing/Proposed Number: c Is a Non-Discharge Permit Required? Yes ,_ No Non-Discharge Permit Existing/Proposed Number: Comments: _ ln)S+rPzAjr 41 T- I pi 9)yt 11 AS 6M-Mej t denok. art Ntc' 2 oemmtr rs nUru �rnc�� . ENVIRONMENTAL ISSUES: Is Wetlands Disturbed by the Activity? Yes No Is a 401 Certification Required? Yes No Comments: I r wavL6 0,40goi- R(Lc—, 'i t r bit4W,.J6 Mm- WonA.os IM4V Ile DtSTvnan AN bIte))L K Ac77yr71. ' t � N P v drl o CA n r t 5 i • ,�I� q�p March 16, 1992 3 E rt E I y 11 N,.1.� MEMORANDUM MAR 17 1992 TO: Beth Chesson, Assistant Mining Specialist LAND QUALITY SEC1iON FROM: Daniel Sams, Wilmington Regional Engineer RE: Mining Permit Reviews Stella Sand Pit Stella Construction Company, Carteret County - The new plan clarifies the site condition much more than the previous submissions. Kraynak's inspection of the site found the pit in relatively good shape; therefore, we have no objections to the permit. Simmons Mine Simmons Construction Company, Brunswick County - The newest plan submittal is not significantly different than the one we reviewed in August 1991. Please see our comments to you for August 30, 1991. The only change is to call the mining limits to the edge of the property Line making us wonder if the buffer zone provides any visibility barrier. Little Bit Mine, Ralph Beasley, Brunswick County - Enclosed is the comments you requested from the U.S. Army Corps of Engineers for this application. We have visited the site and have no objections to the application. J.P. Russ N.C. 904 Pit James P. Russ & Son, Inc. , Brunswick County - We have referred this application to D.E.M. for comment. The site does not appear to be in area where zoning presents a problem. We have no objections to the application. Barefoot Mine Benson Construction Company, Columbus County - We had some problems with the accuracy of the original plan (Feb. 7) ; therefore, we conducted a second inspection of the site with Mr. Benson in attendence. We asked for and got a second site plan (March 6, 1992) that was more comprehensive. Both plans are enclosed. We have no other objections. A.D. Royal Pit Wilmington Sand & Gravel, New Hanover County - We have done multiple inspections of this site and still feel that unless the site can be reclaimed significantly, the pit must be modified to include a larger area. We have compromised with Mr. McIntyre to allow him to reclaim all but <10 acres to keep his reclamation bond reasonable; however, that will require Wilmington S & G to stablize more than 25 acres. Since his submitted map is not scaled, we cannot consider it adequate. The area to be reclaimed has not had a significant revegetation schedule included. The true limits of grading are not shown. We fear that the excessive cleared areas will remain unstablized unless Wilmington S & G is made to tie down their limits of grading. Wells Limestone Mine, Colton M. Wells, Duplin County - This application is now over one year old and should either be acted on or closed. DES/dan \ J State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin,Governor March 11 , 1992 Charles H. Gardner Wiliam W.Cobey,Jr.,Secretary Director Mr. Kyle McIntyre Wilmington Sand and Gravel Company, Inc. PO Box 209 Wilmington, NC 28402 Re: Royal Pit Modification Request Mining Permit No. 65-05 New Hanover County Dear Mr. McIntyre: This letter serves to follow up our conversation this morning concerning the above referenced modification request. I have attached a revised Mining Permit Modification Checklist, permit application form, a copy of page 2 from the original permit application indicating that 5 acres were permitted, and a copy of the original map of the 5 acres . I'm assuming that the western 4 . 85 acre section was permitted since this area shows the mining activity. To complete your modification request, please fill out the application and indicate how many acres total will be covered by this permit. Note in the cover letter the amount of acres above the 5 originally permitted acres to be covered by the permit. This acreage will be the modification acreage. The modification processing fee is based upon the acreage to be modified. We have received $100 .00 . If the acreage to be modified is less than 25 acres, the fee already. received will be sufficient. Otherwise, an additional fee may be required. Please see the fee schedule in the application form. Please keep in mind that your mining permit expires on September 3, 1995. On the mining map, please indicate the area you expect to mine or affect by. mining for the next 3 years (so you will not need to modify you permit again before the expiration date) . As a reminder, the bond amount is based upon the affected acreage, which is not necessarily the same as the permitted area. Currently you have a $2 , 500.00 bond with the Department. Therefore, you can have affected and unreclaimed at any one time up to 5 acres. Concurrent reclamation, keeping the affected acreage below 5 acres , is desirable. You can either opt to have reclaimed areas formally released by the Department (attached is a Release Request Form; if you wish to have only a section of the mine released, then please also send a cover letter and mine map indicating the acreage to be released and the location) or you can retain the reclaimed areas under your mining permit. P.O.Box 27687 • Raleigh,N.C.27611-7687 • Telephone (919) 733-3833 An Fqual Opportunity Affirmative Action Employer Page 2 March 11 , 1992 I believe this letter briefly covers all of the items we discussed by phone, and I hope that this answers any questions you may have. I also believe this modification will make the permit renewal process much simpler. Please be reminded that you can request permit renewal at any time two years prior to the expiration date . We recommend requesting renewal at least 60 days prior to the expiration date. In any event, it is important that you request renewal before the expiration date to avoid enforcement actions or filing a new permit application. If you have any questions , please contact me at (919 )733-4574 . Sincerely, Beth U. Chesson Assistant Mining Specialist Land Quality Section Attachments cc: Dan Sams State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G.Martin,Governor March 5 , 1992 Charles H. Gardner William W.Cobey, Jr.,secretary Director Mr. Kyle McIntyre ' P:i.1mington Sand and Gravel Company , Inc . PO Box 209 Wilmington , NC 28402 Re: Royal .Pit Modification Request Alining Permit No. 65-05 New Hanover County Dear Mr. . McIntyre : I have received your modification request for the Royal Pit in New Hanover County. We cannot begin our review until the items listed on the attached modification checklist have been fully addressed. Also attached is a fee schedule. The appropriate major modification processing fee must accompany the additional information. In order to complete the processing of your modification ' request , please forward two ( 2) copies of the requested information to my attention at the following address: ' Land Quality Section " P. O. Box 27687 Raleigh, N. C. 27611 Please advise at (919) 733-4574 if You should have any questions on the above. Sincerely, Ue�,e h U. Assistant Mining Specialist Land Quality Section BUC\ Attachments: Mining Permit Modification Checklist Fee Schedule cc: Dan Sams P.O.Box 27687 •.Raleigh,N.C.2761!-7687 • Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer 46 SPEED TER® TO OTE FRO M^ DATE SUBJECT MESSi/j,G�d�� �N a „•n. � U �,�(,���: REPLY 1�..((11 1 n 1 WU AU ,fiVA "" l] i.�Q CL UQAG� ^ ' At , (1 �n Qu j1S �U/�np �� 1"Z� IgJ7. u &' AAU. � lj�l' i LJ QPht'ti L$42. {/j (d� t l� f3'/t�l�ll 4 17 4- 17/^ Y'f1 . �lf( � �t141(L)11tL1 rahti«owe SIGNED SIGNED WIIaoMonn.ono-+m.MADE m es A. .�.s�npuu a w8ewr,iaev SENDER:DETACH AND RETAIN YELLOW COPY,SEND WHITE AND PINK CO .., '� �- W �� ��� ,.- Wilmington Sand & Gravel Co., Inc: FEB 28 1" P. O. Box 209 Wilmington, NC 28402 (919) 7 , ,..,;,.r.";. 63-4569 i�a' i lncl :.. Lc ;lri i. f r a 1 f�1d4 0 2 1992 LAND QUALITY SECTION February 25, 1992 Mr. Daniel E. Sams, P.E. Dept. of Environment, Health, and Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28405-3845 RE: A.D. Royal Pit Dear Sam: Pursuant to your letter of February 13, 1992 and inspection on February 2, 1992, this letter is intended to - answer all aspects relating to our pit that may be in question. Enclosed please find the $ 100. 00 modification fee, the assignment of savings--account. and an updated mine map. I have initiated reclaiming the east part of the Pit, next to the pond by sloping the banks to a 3 to 1 angle. This area will be seeded wilthin 60 days. I am also planning to seed the entire field with Tifton 44 Hybrid Bermuda grass in March or April . Though this does not pertain to the mining operation, I thought it would be best to include it on the mine map. I also would like to increase my bond to 10 acres. I believe this will more than adequately cover the mining area. Should you have any questions about these changes, just give me a call . Thant: you in advance for you help. Si rely Kyle H. McIntyre i - - I �` R -4 ---a _ d ' � � � —9 I S� • - a. T-- --- -- -,.-. -:. ,::- >»AP §NQ,r �-41 �N �y : llyle W► > � .lyre Cs � �. ScNlC.) -------------- FEB 28 11" J / k° ve0 QOUA Y SECTION 'A'IL G70h EGiG AL OFFi(',t r PA 09 I L PIAJ w i o j 1 1 1 !maelf oo-P rq Li f- ;�f OR u ! 411 rEb 28 1992 : . ASSTGMEM OF SAVINGS ACCOUNr LAND QUALITY SECTIO4 WILMINGTON REGIONAL OFF4CF This Assignment, made and entered into the 27thday of February , 19 92 , by and between Wilvurgton Ssnd & Graml Oo.,Snc of HWY 421 North (operator) address City of , County of New Hanover State of North Caro rna a North Carolina Department o Envfronment, Health, and Natural Resources; and WHEREAS, The undersigned t Ni1.mngT W & Omni Co.,Pb. (hereinafter ._ . . (operator) referred to as "Operator") is desirous of engaging in mining operations in the State of North Carolina and such minim operations are subject to the previsions of the Mining Act of 1971, Article of 1971, Chapter 74 of the General Statutes of North Carolina; and WHEREAS, NCGS 74-50 requires that mine operators obtain a permit from the Department of Environment, Health, and Natural Resources (hereinafter referred to as "Department") before engaging in mining operations, -and NCGS 74-54 requires that a surety bond in favor of the State be maintained or other security be files with the Departs t, in connection with said permit; and . WHEREAS, Operator has a savings account in tbtions Bank bank name at 155 N.Front St. , City of Wilmington address County of New Hanover State of North Carolina, Certificate of Deposit No. ; and WHEREAS, HOGS 74-54 authorizes the Department to accept from Operator an assignment of a savings account in a North Carolina bank, in lieu of a surety bond; NOW, THEREFORE, in consideration of the premises and the Department accepting an assigrmant of said savings account in lieu of a surety bond, the undersigned Operator does hereby sell, assign, transfer, set over to the Department of Environment, Health, and Natural Resources Ton Thanml &'Fiw Hrdrad dollars ($25DD.00 ) of the sans on deposit in his name IdoiIiir amount written in Nations Bank , City of Wilmington County of New Hanover State of North Carolina, XM*49)9V&Wt N Certificate and further authorizes Nationg Bank (bank name to pay over to the Departrent of EYnvironmc nt, Health, and Natural Resources the above snap of Mt TM,aml & Fi R:tifimt dollars ($gym 1 out of the above money deposit nn the above account in his name. i The condition of the foregoing assignment is that if the assignor e4 9 4n� Operator conducts the mining operations faithfully, honestly, and lawfully and in compliance with the requireuents of the Mining Act of 1971 and applicable Rules . and Regulations adopted pursuant thereto, then this assignment shall be null and void; otherwise it shall remain in full force and effect. Compliance with the requirement of the Mining Act of 1971 and applicable Rules and Regulations shall be determined by the Department. This assignment is made and the Certificate o f Deposit passbook, deposit book, etc. is to be held by the Department as collateral security for all direct or indirect liabilities of the assignor Operator to the assignee Department which may arise by reason of the Mining Act 1971, Article 7, Chapter 74 of the General Statutes of North Carolina. This assignment shall be direct authorization to jggiticIns Bank to pay said sum to Department on demand by Departmen name Signature of operato Sworn to Wfore�me this day of 0 19 �a Notary Public / l� / My Commission Expires 27 4-/ (Affix Seal ACKNOWLEDGEMENT BY BANK The foregoing Assignment o Savings Account is hereby acknowledged this hl day of 19 It is further ackncyledged that fun—ds-1-n—the 1S c above mentioned account shall not be disbursed fS7 except to the assignee, Department of EHNR so long as the assignment remains in effect. LAND Q�!•-"•i1T; is the day of 19 C,�, W1LP11(@CTGi! l;cGiOt�;�i �'�m:;f a ! by ood- u orized agen or B Se � 1` /Z�'�j N(' (mailing address of banki Sworn to before me this 7 day of �-�(1�Ll( 19 �_ Notary Public My omission Etypires /f- a�g y (Attlx ea State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James G. Martin, Governor Bob Jamieson William W. Cobey, Jr., Secretary Re�>ional Manager February 13, 1992 CERTIFIED MAIL P-813 412 966 `RrZurua P.ECETRr RQOUF D FEB 1 4 1992 Wilmington sari? & Gravel Co. , Inc. LAND QUALITY SECTION Mr. . Kyle N. McIntyre Route 6 Boy, 47 wilmux3ton, North Carolina 28405 Re: Notice of Deficiency A.D. Royal Pit New Hanover County Dear Mr. McIntyre: on January 7, 1992 and February 13, 1992, inspections of the subject mine were performed by personnel from this office. As listed in the enclosed inspection report, several deficiencies were observed that require your prompt attention. The deficiencies discovered and the necessary corrective actions are as follows: operating condition No. 10. The security which was posted pursuant to NODS 74-54 in the form of a two thousand five hundred dollar ($2,500) certificate of deposit 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. The total affected area associated with the mining operation has exceeded the bonded acreage. As an alternative to filing the attached mining modification permit application to increase affected acreage, you must inmediately initiate reclamation of this site and omplete the reclamation with 30 days of receipt of this Notice. A further option is for you to reclaim a portion of the site but still increase your permit and bond to reflect an area larger than the existing 4 acre permit. Should you choose either of these alternatives, you must submit, within 15 days of receipt of this Notice, a plan detailing the intended reclamation including a specific schedule for completion of this work. 127 Cardin] Drive Ext lion, Wilmington, N.C. 2W5-3845 •Telephone 919-395.3900• Fax 91M562004 An Equal Opportunity Affirmadvc Action Employer Wilmington Sand & Gravel Co. , Inc. February 13, 1992 Page 2 f If the previously described deficiencies are not corrected within 20 days following your receipt of this Notice, this matter will be referred to the Director of the Division of Land Resources, Department of Environment, Health and Natural Resources, for the issuance of an official Notice of Violation in an effort to secure compliance at the site. If you have any questions 'regarding the status of this mine, on other related matters, please do not hesitate to contact Carol Miller or myself at this office. Sincerely, i Daniel E. P. Regional Engineer Land Quality Section DES/CNM/sfc Enclosure cc: Mining Specialist ' �' a ',try, "'1 ..-.,,+!, t " R �,. •.. -�'` . .�,.,anw. px w!{",..s! North Carolina Department of Environment, Health, and.Natural Resour s Division,of Land Resources, Land Quality Section MINE INSPECTION REPORT 4 AW (PERMITTED MINE) 1. MINE NAME /: ) 2. MINING PaA#M UALITY SECTION 3. OPERATOR < :i.:/= `i 4. COUNTY 5. ADDRESS . / _ 6. Person (s) contacted at site 7. Was mine operating at time of inspection ? E Yes 0 No 8. Pictures ? Yes .No 9. Date last inspected:_/ s I 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 ? El Yes F-1 No If no, explain: i3:'+bid any of the above deficiencies result in oftsite damage ? E3 Yes 0 No' If yes, describe the type and severity of the damage: 14. Corrective measures needed and/or taken: 15. Other recommendations and comments: 16..Is the Annual Reclamation Report+/ - map accurate ? Yes t, No (Explain) ❑ Not Reviewed 17. Follow-up inspection needed ? RYes No Proposed date 18. No. of additional pages of Inspection Report 19. Copy of Report sent to operator 7 ' (date) INSPECTED BY: DATE: _ -; / - /' Phone No: White copy to-file. . Yellow copy to operator Pink copy to Mining Specialist eeleg e .. .North G aroiifna Department of SOUIHI. < 11 gyp[ FIELD of 1 I( L Natural & Economic Resources 3143 WR G I I I, VIUA W I1.kiING I ON 1101SIIOUSER, )R., GGV : ---ORGF_ W. LIITLE, SECRETARY ui.EPH0NI.'Wl762 13,. November 2 , 1976 Mr. W.L. Whitehead Whitehead Const. Co. , Inc. P.O. Box 71 Wilmington, NC 28401 Dear. Mr. Whitehead: On November 22, 1976, an inspection of your A.D. Royal Pit in New Hanover County was made as required by G.S. 74-56 of "The Mining Act of 1971. " I found most conservation and reclamation practices carried out to date to be adequate. One area that needs attention is with regard to the disposal of mining refuse at your old mining site. You indicated that most of the useable scrap metal and tires would be hauled away to your new site. I would like to recommend that any remaining refuse be buried in the pit area and that the entire area be graded and seeded to grass as has been done in the mined out areas. Your attention regarding this matter will be greatly appreciated , Yours very truly, Gerald J. Kraynak Regional Engineer GJK/lsl 3 NO ------_ : IN,iPECCTION 1010RT Coun iY' Permit Number.: CO�_- _---_ -- ate Inspected:_ AP Date of last inspection,,.��/�j rod;a.: /��f/� Person Contacted: ,�— Remarks - Measures Taken / A , Erosion Contro_ : f/ 2 — �(/o ���. P&fff z a�N�----- B- Waste Disposal:_//a.L� C , Rec:i amation:.— II- Annual Reports - Adequacy of plan / -- t&5� RECOMMENDATIONS & COMM NTSa Pa,C/ ,,deAt`79 ouT ZI - e0,4 O Tics _.- -�,/lO �1T/�,� TZiN,C � ��'.�-,cam �i.�1c� � �� -• Defic.Lency ] otter needed Letter Sent Reinspection Needed— . 5 INSPECTED BY: r N0. 1- /� INSPECTION REPORT. ,, Company: &-P.P !e rmAc S_ �JU2 •1 e6 7 -ef��L CO A . O County: ' A62 g _ Mine:. 4,2 � /. Permit Number: 1!5 Date Inspected: f Date of 'last inspection; /-l/- 7_�_ Product: S/d,VJ7 Person Contacted: I. Remarks - Measures Taken A, Erosion Control:_n B. Waste Disposal:, A/y a,,,a6k C, Reclamation: e is L-17nJ5jSt� �Er'L��n1G Qnl fl�� �3/U/� - - II, Arsenal Reports - Adequacy of plan RECOMMENDATIONS & COMMENTS: ` J _ �Lu/ C.O�O/�[Yi!/CFIi z�E Deficiency letter needed Letter Sent / /3 Reinspection Needed_ State of North Carolina Department of Natural and Economic Resources Office of Earth Resources Mining Division A N N U A L R E C L A M A T I O N R E P O R T "Within 30 days after completion or termination of mining on an area under permit or within 30 days after each aniversary of the issuance of the oprating permit, whichever is earlier, or at such later date as may be provided by rules and regulations of the Department, and each year thereafter until reclamation is completed and approved, the operator shall file a report of activities completed during the preceding year on a form prescribed by the Department." G.S. 74-55 "The Mining Act of 1971" Name of Mine n Rn,,al nit, Permit Number A5.9 County Nay HannVar Telephone 7l,,3_45I5 Name of Company .TA= Ontaa Sarni and GrAVeI ComnajW Mailing Address p_ n_ Rnx 97h (,path Ha mno17_ n_ 9R09 1. I£ mine is now inactive, indicate date of termination of mining. Date nn+i 2. Indicate new acreage affected by mining in last 12 months. (a) Tailings ponds none Acres (b) Stockpiles none Acres (c) Waste Piles _ none Acres (d) Mine Excavation _ 4 Acres TOTAL 4 Acres 3. Estimate the new acreage to be affected by mining in the next 12 months. 1 4. Describe measures taken for erosion control. Tha mining nn„nic+r_nP 1p,ml,ing ennA hilly r-^nA 1g,91 U-re are nG %s nr nP-n 5• Indicate amount of reclamation carried out in last 12 months. (a) Tailings Ponds _ „n„a Acres (c) Waste Piles Acres (b) Stockpiles _ none Acres (d) Mine Excavation Acres l (Continued on reverse side) f 6. Describe reclamation carried out in last 12 months. Signature of person responsible for reclamation a h Title pwner U Date 8-12-74 Complete and return to: Mining Division Department of Natural & Economic Resources P. 0. Box 27687 Raleigh, North Carolina 27611 State of North Carolina Department of Natural and Economic Resources Office of Earth Resources Mining Division A N N U A L R E C L A M A T I O N R E P O R T "Within 30 days after completion or termination of mining on an area under permit or within 30 days after each aniversary of the issuance of the oprating permit, whichever is earlier, or at such later date as may be provided by rules and regulations of the Department, and each year thereafter until reclamation :is completed and approved, the operator shall file a report of activities completed during the preceding year on a form prescribed by the Department." G.S. 74-55 "The Mining Act of 1971" e Name of Mine / ( / Permit Number e< S- 2- County Nr."6,0 AIAAle/i i/c/,1 Telephone -7X 3 -LL/ 1 Name of Company T /? 4Z Mailing Address PO , —27/ �<S/ /- ���7✓/�// A/ �• �JB1/,2q 1. If mine is now inactive, indicate date of termination of mining. Date 2. Indicate new acreage affected by mining in last 12 months. (a) Tailings ponds Acres (b) Stockpiles O Acres (c) Waste Piles Acres (d) Mine Excavation / 5 U Acres TOTAL / . ,S O Acres 3. Estimate the new acreage to be affected by mining in the next 12 months. 4. Describe measures taken for erosion control. 5. Indicate amount of reclamation carried out in last 12 months. (a) Tailings Ponds Acres (c) Waste Piles O Acres (b) Stockpiles /) Acres (d) Mine Excavation p Acres (Continued on reverse side) 6. Describe reclamation carried out in last 12 months. h/1N i/l G 1 I a� II Signature of person responsible for reclamation / � Title _ Date Complete and return to: Mining Division Department of Natural & Economic Resources P. 0. Box 27687 Raleigh, North Carolina 27611 1 INSPECTED BY, a-77F NO.—_/ INSPECTION REPORT / Company: !(�� /�/�/� [�'>1E, Cq-All) IV ✓_/_� County:,--/ -W Minea_ //. /� K/)S/A/. M,�/t Permit Number:, Date Inspected: t aaZ , ,?/� / 27.tZ Date of last inspection:��—_—__ Product: � Person Contacted: — I, Remarks - Measures Taken A, Erosion Control:- 610 &20f6/L=H1 B, Waste Disposal:�e �—r�/AS C, Reclamation: I Lt/h=L LA/G /)/ 1 II, Annual Reports - Adequacy of plan �1 425T S:a - t'FNtJ /[/fi x n -7-n 6-0/Plej RECOMMENDATIONS & COMMENTS:___/ rS AJO T A7LI 7D /it/1 -.0 17 //I / S 21 All/n i7 0— S a U Tom/ al- /` ,? %7 -A. \ficiency letter needed __ —� Letter Sent /'a'q-77 Reinspection Needed