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R F OR NF O O N Name and address of person requesting information: Information to be sent (check all that apnl_v) : 0 Business Card Minina Act of 1971 kdministrative Rules 1.nalicatzon Form C mininq Brochure Guidelines on Reclamation Bcnds Assianment of Savinas Account Form E, Irrevocable Standby Letter C� Credit =c,-1 "-uw etv Bond Form C Renewal Checklist C Modification Checklist 0 Transfer Checklist ❑ other: * Susan -- After sending the above .information: Cl PLEASE FILE THIS FORM UNDER REQUESTS FOR INFORMATION PLEASE FIL THIS FORM IN THE MINE FILE (PERMIT NC._70-61 ) Thanks , I Fr rp North Carolina Department of Environment and Natural rces, Division of Land Resources, Land Quality Sectio 7 2000 MINE INSPECTION REPORT (PEMITTED MINE) 1, MINE NAME s 2. MINING PE T # 17YSEC710IV 3. OPERATOR 1 ' x� �' 4.�OUNTY w 5. ADDRESS Aer '- 6. PERMIT EXPIRATION DATE 7- 2 7. RIVER BASIN !Lh I ` 8. Person(s) contacted at site -- 9. Was mine operating at time of inspection? ❑ Yes 0 No 10. Pictures? ❑ Yes b No 11. Date last inspected: !,, I fc I ��%' 12. Any mining since last inspection? ❑ Yes Z No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ❑ No If no, explain: 4b 14. Is the mine in compliance with the Reclamation Conditions of the Permit? JZ 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: 18. Is the Annual Reclamation Report +/-trap accurate? V Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes X No Proposed date I I 20. No. of additional pages of Inspection Report 2 L Copy of Report sent to operator (date) INSPECTED BY: 7,il / / ,,, 1 DATE G I_,7 I Telephone No: ! lew ) 5Ay°t _ White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 Q-SELECTION-_PAS January 15 The Chairman of the Mining Commission appoints one q Deadline for the Department to submit individual from each of the following organizations to the nomination package to the Interstate Mining committee: North Carolina Wildlife Federation; Natural Compact Commission's National Reclamation Resources Conservation Service; and North Carolina Awards Program and/or National Education Mining Commission (non-industry member). Awards Program GG Permanent appointments are given to the: Director, February 15 Division of land Resources; Chief, Land Quality Section; . (approximate) Mining Stewardship Awards and State Miming Specialist, Land Quality Section. and honorable mentions presented to winnersG July 15 . Deadline for the Department to submit nomination package to the National Association � '� WITH THE of State Land Reclamationists' National Reclamation Awards Program _e MINING Again, if you fee!you�your Company deserve recognition for STEWARDSHIP ��. outstanding effortr at its mine site,please All out the enclosed form and submit it to the Division of Land Resources with all AWAR D equired information BY OITOBER 1. The award selection process will be as 4 ' follows (the awards will 5e dated the year d"are presented): for more information, call: t 919-733-4574 October I . Deadline for submission of nomination NC Mining Program, packages to the Department Division of Land Resources, Department of Environment and Natural Resources November 15 Land Quality Section . Deadline for Award Selection Committee I612 Mail Service Center to select winners and honorable mentions Raleigh, North Carolina 21699 N.C.DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION/MINING PROGRAM I,ppO top�s of ffiC pohfxdoa T me panned os omst of S797,72 or 5.374 per ropy 1,D? �eporlmenl of{nroavrunl mid Noryral ileswnes/lSiriraan of lurid Rrwurres-lmrd 0"ny Sin,m MINING WHAT DO i GET IF I WINSsm . a series of 8 by 12 inch photographs and/or a Stone based plaques and figurines will he presented to videotape illustrating the work accomplished ���DSHIP those who worked directly on the project and the (before and after shuts are highly recommended) AWARDScompany (if applicable). Honorable mention awards may also be presented. . any relevant, supplemental information that wl OI/EIPMEW expand on the work accomplished at the site. The land Quality Section's Mining Program annually offers • All awards are yours to keep! awards to raise the awareness and standards of reclaiming . In addition to the awards, the winners mined land and to recognize excellence in: will receive a congratulatory letter from reclamation the Department of Environment and Natural Resources. restoration JUDGING CRITERIA beautification Winners also receive color photographs of the award ceremony. Relative degree of difficulty of project . community relations Recognition of the award winners will he provided to all innovative and productive use of the reclaimed land . education permitted mine operators in the state. in addition, trade environmental press, business magazines, environmental interest group Innovative, effective and emironmentally- enhancement publications, agency newsletters and other periodicals will compatible ground cover/revegetation be contacted. Environment and Natural Resources also The award also improves public awareness of positive will display pictures of the award winner and project on Stability of the site on both a short and long mining practices and the mining industry's commitment its exhibit at environmental conferences, public hearings, term basis (NOTE: Completed reclamation to environmental protection. workshops, and science teacher conferences. Industry work must be permanently stabilized to a trade associations have agreed to publicize award winners. point that it would be considered releasable AWARD CATEGORIES by the Department of Environment and Natural Resources - contact your Iota! There are two broad award categories - one for "large operators" and one for "small operators." Inspector for a determination) Individuals and companies in the mining industry The categories will be based on the company's size and can compile a nomination package consisting of: . Site specific enforcement history for the ability to accomplish the work, the number of employees previous two-year period (NOTE: Issuance at the nominated site and the number of company . a narrative of the reclamation or other of a notice of violation and/or civil penalty Burin this clod would disqualify a participant) employees. A special "Director's Award" (as many as activities accomplished at the site (SEE S period q dy P p ) ENCLOSED NOMINATION FORM) appropriate) may be awarded for unique, innovative THE NOMINATION PACKAGE MUST BE SUBMITTED TO THE accomplishments at a particular site. DmSION OF LAND RESOURCES BY OCTOBER I OF EACH YEAR. THE NOMINATION PACKAGE MUST INCLUDE: • description should not exceed 3 typed pages,single spaced; 0 up to 15 photographs (8 x12 inch) OR a 30-minute videotape will be accepted; and • a detailed map of the project should he provided,with an appropriate scale and legend (in addition, aerial photographs would also be helpful). NOMINATION DESCRIPTION: The Nomination Description should address the following: 1. Describe the extent (acreage) of the work done and site specific techniques or technologies employed (including specific problems,solutions and unusual circumstances). 2. Describe how the project: exceeds the spirit and intent of the law (compliance) exhibits contemporaneous reclamation f restoration exhibits effective water quality treatment (sediment control and drainage) meets or exceeds the post-mining land use utilizes innovative practices. 3. Describe the basis and highlights of the exemplary performance (including the on-site effectiveness of the work,the transferability or value of the accomplishments to other mining and reclamation operations,and the long term benefits to the landowner and local or regional community) * NOTE; The nomination can be supplemented by other Information that may be helpful to the-awards Selection Committee In its selection process. This should include pictures, brochures, example curriculum, project descriptions, newspaper articles, etc. 4,000 copies of this puhlfc dommmil were pooled nl the mil of 5241.12 or S 074 per copy.V02•Ooporlmem of[nviromneel nod Holurul Remim/Oivelo4 of Land Rmices-land Utrdh p Sotllon, NORTH CAROLINA MINING STEWARDSHIP AWARD NOMINATIONFORM (Mail to:Division of Land Resources-Land Quality Section/ 1612 Moil Service Center/ Rolei&North Carolina 27699-by October !-see Brochure for details) Please indicate which of the categories your project relates to: Mined Land Reclamation Public Outreach/Education Restoration of Affected Land Environmental Enhancement Site Beautification Water Quality Improvement Community Relations Innovative Practices Name of Nominee(Person or Organization): Address: Phone: Mine Name: Mining Permit No.: County: Contact Person (if different from above): Iritle: Number of Employees in Company: Number of Employees involved in the Nominated Projed: Owl State of No4th ,Carolina Department of Environment and Natural Resources Division of Land Resources JAN 1 $ (�pl ANNUAL RECLAMATION REPORT FOR 2000 CALENDAR YEAR 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 5 Name of Mine : Marsh Harbour County: Brunswick Mining Permit No . : 10-07 Mining Permit Expiration Date : 09/02/2003 River Basin Name : Lumber Name of Company/Owner on Permit Document ; Marsh Harbour Resorts, LLC Official Mailing Address : 10155 Beach Drive City: Calabash, NC _ Zip Code : 28467 Telephone : ( 910 ) 579-0733 Check if change of address or telephone : x 1 . If mine is now inactive, when did mining stop? Date : 1990 Is this stoppage permanent? Yes X No If yes, do you wish to have this mine site released from your reclamation bond? Yes No 2 . Was new land affected in 2000? Yes X No If yes, how much? acres Is map on file current? X Yes No If not, submit updated map showing affected acreage. 3 . Estimate land to be newly disturbed by mining in the 2001 calendar year : 0 acres Check here if no new acreage is to be affected in 2001 : X *4 . List by category the total amount of disturbed and unreclaimed land present at this site at the end of the 2000 calendar year. (A) TAILINGS PONDS : acres (D) MINE EXCAVATION: acres (B) *WASTE PILES : acres (E) PLANT AREA: acres (C) STOCKPILES : One ( 1 . 0 ) acres TOTAL DISTURBED AREA @ SITE: acres *NOTE: WASTE PILES should include overburden storage/disposal areas and berms . t, 5 . State and describe the amount and type of reclamation carried out in the 2000 calendar year: N/A Check here if no reclamation completed in 2000 : X Signature of Company Officer/Own Print Name : Donald I, a it " � ) Title : Vice President for Horizontal Dev. Date : January 15, 2001 *Complete and return by February 1, two copies of this form along with two copies of an updated mine map (see note below) for each permitted mining operation to: Land Quality Section DENR 1612 Mail. Service Center Raleigh, NC 27699-1612 FAILURE TO FILE THIS FORM BY THE DATE SPECIFIED MAY RESULT IN THE ASSESSMENT OF CIVIL PENALTIES AND COULD RESULT IN THE REVOCATION OF YOUR MINING PERMIT. SHOULD YOU HAVE ANY QUESTIONS, PLEASE CALL (919) 733-4574 . NOTE : If your operation was idle in 2000 , or no new acreage was affected by mining, and no area reclaimed in 2000, you do not have to send an updated mine map. Also, if you have completed a permit action since January 1 , 2000 (which involved updating your mine map) , you do not have to send an updated mine map. However, the blue report form must be completed for all mines under permit . 2,000 copies of this public document were printed at a cost of $$1.20 or $.04 per copy. 12/2000 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES - LAND QUALITY SECTION LADANE WILLIAM'SCVn COMPANY, LLC January 15,2001 Mr. Francis M. Nevils,Jr., P.E., Chief Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Subject: Permit No. 10-07 Annual Reclamation Report Marsh Harbour Pit Brunswick County Dear;: evils: Enclosed you will find the Annual Report that is required to be submitted by February 1, 2001. The mining operation remained idle in 2000 and we will not disturb the stockpiled material until development of the site is initiated. We have discussed this matter with the Wilmington Regional Office. If you have any questions,please do not hesitate to contact me at (910)579-0733, ext. 202. Sincerely, Donald L Sai noP Vice President z ment cc: Ms. LaDane Williamson Mr. Kevin Fox 11 CAUSEWAY DRIVE • OCEAN ISLE BEACH, NC • 28469 PHONE: (910)575-7263 • FAX: (910)575-4737 e ' ) NORTH CAROLINA DEPARTMENT OF x , ENVIRONMENT AND NATURAL RESOURCES DiviSION of LAND RESOURCES NCDENR May 13, 1999 JAMES B.HUNT-1R. - Mr. Donald L. Safrit, P.E. ra IE* H}O}R Marsh Harbour Resorts L.L.C. 10809 Roxboro Road 40. at Rougemont, North Carolina 27572 , .9 °Off1" RE: Permit No. 10-07 Marsh Harbor Pit 4 Brunswick County Cape Fear River Basin R. CHARLE6 H.,GARDNlR Dear Mr. Safrit: -AND STATE GEOLOGIST V, Your request to have the above referenced mining permit, issued to Marsh Harbor Yacht and Golf Links, Inc., transferred in its entirety =�,.. to Marsh Harbour Resorts, L.L.C. has been approved. As we have ;� " • received the required surety in an amount sufficient to cover the i 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 Vthe conditions of your mining permit. As a reminder, your company's permitted acreage at this site is 40 acres and the amount of land it is approved to disturb is 1 acre. Again, if you should have any questions on this matter please contact me at (91 9) 733-4574. Sincerely, racy Davis, P.E. State Mining Specialist """ "" Land Quality Section TEDIjw Enclosures cc: Mr. Dan Sams, P.E. Mr. Bradley Bennett-DWQ, wlenclosures Ms. Barbara Rote-WRC, wlenclosures LAND QUALITY SECTION (919)733.4574 FAX (919)733-2876 � 1i441d �. GEOLOGICAL SURVEY SECTION (919)733.2423 FAX (919)733-0900 RO. Box 27887, RALEIGH, NORTH CAROLINA 2761 1-7687 TELEPHONE 4919)733-3833 FAX (919)715-8801 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50%RECYCLED/10%q POST-CONSUMER PAPER DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Marsh Harbour Resorts, L.L.C. Marsh Harbor Pit Brunswick County - Permit No. 10-07 for the operation of a Marl 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. i • . i Page 2 In accordance with the application for this mining permit, which is hereby approved by the Pp g 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. 7449. Modifications May 13. 1999: This permit has been transferred in its entirety from Marsh Harbor Yacht and Golf Links, Inc. to Marsh Harbour Resorts, L.L.C. ExU�ation Date This permit shall be effective from the date of its issuance until September 2, 2003. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: • Page 3 OPERATING CONDIIIQN,9.- 1. A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Section, Division of Water Quality, to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, silt check dams, silt retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. Silt fence, diversions or other sediment control measures shall be installed and maintained to prevent off-site sedimentation during the removal and reclamation of the existing stockpile. C. Mining activities at this site shall be limited to removal of the remaining stockpile and timely reclamation of the remaining affected areas at the site. 5. All affected area boundaries (1 acre) shall be permanently marked at the site on 100 foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. . • Page 4 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. Refuse_Disaosal A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1) on-site generated land clearing debris 2) conveyor belts 3) wire cables 4) v-belts 5) steel reinforced air hoses 6) drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources rigor to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 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 • • Page 5 5. verification that a'permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. 13, The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $2,100.00 Assignment of Savings Account is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. • . Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, 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 L_f,,QNDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation into a boat basin and to grade and revegetate the disturbed land areas adjacent to the boat basin. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The reclaimed boat basin shall be bulkheaded with precut or poured in place concrete sections. B. The flooded depth of the boat basin shall be sufficient to allow the intended boat traffic. C. All applicable Division of Water Quality and Coastal Area Management Act rules and regulations shall apply. • Page 7 D. Any disturbed areas adjoining the mine excavation shall be graded, leveled and either paved for streets and parking or grassed. E. Any slopes not bulkheaded shall be graded to a 3 horizontal to 1 vertical slope or flatter and grassed above the water line. F. Any stockpile or wastepile shall be removed and the area leveled and permanently stabilized. G. 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. H. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Reveaetation Plan: Grasses to be used shall be either Centipede, Bermuda, St. Augustine, or Zoysia. Prior to sodding, soil tests will be conducted to determine nutrient and lime needs. Apply lime and fertilizer,as recommended and incorporate in the upper 4 inches of the soil before seed inglsodding. In areas where Bermuda grass is used, seed at a rate of 2 Ibs11000 square feet. Seed Centipede at the rate of 3 ounces11000 square feet or it may be sprigged on 1 foot spacings. Zoysia and St. Augustine must be sprigged. The area may be sodded with a complete cover grass. Mulch with about 2 bales of small grain straw per 1000 square feet if grass is seeded. Use mulch netting or other means of holding straw on slopes greater than 6 (horizontal) to 1 (vertical). Use shrubbery and trees for landscaping purposes. 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 April 20, 1983 to Marsh Harbor Yacht and Golf Links, Inc. and renewed April 28, 1988 and September 2, 1998, is hereby transferred in its entirety to Marsh Harbour Resorts, L.L.C. this 13th day of May, 1999 pursuant to G.S. 74-51. By: Charles H. Gardner, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources NORTH CAROLINA DEPARTMENT OF rr ENVIRONMENT AND NATURAL. RESOURCES DIVISION OF LAND RESOURCES NCDER;t *°r April 7, 1999 `-JAmes j B.HUN'r- . wl �RNPR CERTIFIED MAIL La, , , . a RETURN RECEIPT REQUESTED Mr. Donald L. Safrit ,` , Dmvl Ladane Williamson Company, LLC &eCR6T RY. 11 Causeway Drive Ocean Isle, North Carolina 28469 r�N a1. s R It RE: Transfer Request for Mining Permit No. 10-07 +.,RG,R IR a Marsh Harbor Pit �14 PWpt: APIDsr.r .GIt". i81C Brunswick County rr Lumber River Basin I^ C Dear Mr. Safrit: This letter is in response to our telephone conversation on April 6, 1999. 1 am returning the $2,100.00 cashier's check that you submitted with your transfer request. I have also enclosed an Assignment of Savings Account form and the Reclamation Bond Guidelines for your use. Your transfer request will be processed in the near future. If you have any questions concerning the transfer request, please feel =x' free to contact me at (919) 733-4574. Sincerely, `z Judith A. Wehner JW Enclosures cc: Mr. Dam Sams, P,E. *.1 LAND QUALITY SECTION (9 1 91 733-4574 FAX(919)733-2876 ' GEOLOGICAL SURVEY SECTION(919)733•2423 FAX(919)733.0900 hrti4r,' 4 P.O.BOY 27697� RALeIGH,NORTH CAROLiNA 2761 1.7687 TELEPHONE(91 9}733-3933 FAX(91 91 71 8-8801 AN EOVAL OPPORTUNITY/AFFIRMATIVE ACTION EM PLOVER-90% RECYCLEW10% POST-CONSU MBA PAPER Z 355 710 279 us I'oslai Service .Receipt for Certified Mail , No Insurance Coverage Provided. Do not use for International Mail Sae reverse Sent to Street d Number Post Offm State.6 ZIP Code Postage $ Certified Fee Spedal Delivery Fee u'l ResWcted Delivery Fee . Whom&Date Delvemd Rftn D p ssh°Ad °m, *= d 0 TOTAL Postage d Fees $ Postm rk or Date 0 CL 4 ' - I r " _ - '{i`e� '' L-i'•1ti. ;L•' ' t,Sy !�rs t,+.•r . - _. _- •_._..-_—_ .-�- — - --.:3�!!Y}.S�.L,..l�___^._�,..._`_•`,__.�L_.•1'v .��_�__�_�..`�a. _.,_'t' t_:p+.t�rf�iy;!,'c�.+,{. '"`THIS,MULTR ONE•ARE OFF HE• CUMEMTrCNANG>:S G. 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''�•'� -ice;i•> �'�'_::S�� s..r!',•.:ts._.-..o-.s-' A„v .r ; -.}.•��••.;.> _ �. r.>r - € t BRANCii:s" iz Y...r•�. :` 3, h 5 ,k �} { '.M1 : :Y i '4 '^s1`f-'4�i• ©ATE. �:x t .> -<- ; �97 r Zly:..:si-::•1.i `. ,r. PAY•TOTHE ORDER OF NC DEPT -OF ENVIRONMENT &NATURAL RESOURCES 2100.00 1 DOLLARS 13RANCH BAMMNG AND TRL[ST COMPANY, t, AUfHQRIZE IGS W7UHE VA SON,NORTH CAROUNA 27BM r o f g; s •,v �y�; ,->t r:.A yF=:;s-i { f� F ds 4`,l`,� ViAS•i�d I1Ul9T1 f4 ( • ,. {' ..='Jr.. >fR . '' �. r. .. NIEMOI?vfiGh[AaEfS' 4 s MARC13 17AI2Ttf1IT12 >RFCCIR'i'CA-T T{ ; > i .'s y ti ' `.S a y d a unia,rn..ylir�o.wrm. �a•niistir.>sii�iii,�' s. <• ••'t-_:.� r" "k',i T..�,s ^(_�___.=-�--�' •.r 2 Ti{E�G.FiT'Gl.y�'LTyTROCU EAT AS-7A FIEFCE.CTIVE 4IATEIgIAA 1 O TFIE�8AC1("'1,r'rIiOLDt'AT 41 1 ANG E9T. _VI EVY VVI{EIIrCFIE FCINC TH EN1EHT E 7.4 ����.� rt :�. .ram.<i••'-,`` ' '• tf^.Sti. � i .��r: 'ti _ r(vrT;.'i"�I'r�',�'v`� �)t•�' •. •� •is . �•1:•.yam_, r .....r.. - .....,_. -.tip'.w.."-.. .y,. .:ar..yn..r•f. 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'• DATE TO ASSISTANT , ` DATE TO SW LOGGED IN V f MINING CHECKLIST FOR ROUTING '1 � 1 Company + JA0W U4,W' Project Name :t / 1�.�� 1/ � Permit No. County - 414M Date Received Reviewe /'— Please make copies of check to include with Central Office and Field Officefiles and log in checks. * ❑ New ❑ Renewal ❑ Modification Transfer ❑ Release ❑ Additional Information ❑ ;Fee Needed arj( oo ,ffFee` Received: Amount Pleasp' route to: T� Field Office Date Routed ❑ Wildlife Resources Commission Date Routed ❑ , * Archives and History Date Routed ❑ Other: Date Routed Suspense Date for comments: (Date received +30 days, not on weekend) -dPlease note the following: g _... 9 *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 Y-�.r..•.,-^ -__-`am,sm.-_�.. �.�_,...�—_�..:wst�n-._��_�_��_�nv:.F:..ocsa�;.���_��,-rea� - ..:,ate.; 1003 MARSH HARBOUR RESORTS LLC PH. 910-579-5419 %86 SCENIC FIR. SW CAIAHASH, NC 28467 �} GATE r ss-uz/s3l PAY ,e 0 fi/ 'f' 6,o - - ,10 TO THE s+ ORDER OFlAv' L. � �� 9fl DOLLARS B� asp BUT T .. WLoi.,1 rwn carrn+wv e- 1 0 027 BEACH DRIVE t CAL.AQASH.SIC 2e457 AAA 7 HISbMULT1iT NE•ARE/,OF THE Q�CUMEN V H11lJGES OL`OR f3R OI l 4LL A'ND EV CY FROM CARfC TO LIGHTaWf 4ARIC A'.EAStB TH TOP AND BOTFO 'k.•K,y �. R c; ,� �„� .•ie ;•;c.,r.c"•A.�' , * "�'' �", ',�:��` .� w"� ti'^4 :,'�;.:��- e;.` ��� •�4 -'lL.� w`"k r �: ti 'w`�.��.^ .1Ys. '°" t� �2 r:.'v :a i. x�..:r ♦ s.`"y> .'#' v._- w ?, 'ti.":t � �?�'y� t�w � a `:S n y i 'i k i r:.. rl: �' v:'%�.` ,s }y,. ll r r: ;; 7 t• 1�•"v' '�� � `n 4.( _ ,,q �' e 1 11 ,Dili, '3 ,5""[t� ./tl•,.. '<[' a � r� ;'f't'�� Z. /� t f �,r,i};'- S� .i�fi�J E?if ;t_'*�lEi'3,r,; .. 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Illul ;. t. �..'r #iillf' f[uPt • ''�..f' ' _ ' BRANCH BANKING AND TRUST COMPANY - - 'w ALqHORIZEO IGNATURE WILSON NORTH CAROLINA 27693Lk F279S000(tQI97} kY k s '• r ME MD/PURCIillSEfi MAi?�RT-HARBOUR. _ _ -- � �.... ._�—..�-�_..___.��----'_�.____�._ ___ _•ter—_-'� � _.� .__ MyTHErORI41NALuD6ClIMENT�'HASgA;REFLECTIVE_WATERMARK.ON_.THEIBACKs `' 1}pL�;AT:AN ANGLELTO�yIEWyWHEN'_C.FJECKING T,HEkENOORSEMENT;� ..Ff,_ - t ci ]f'•. •rw;.7.oq ••• "'r.-7,r1r�,S •� ,a:, 1; : f.7t , r r. i +Fz r� 'tisil� `5 r- r { -�+ .�., 0 5 •`S;•"" Lr ) .+ i '- j;.. -Fi,4 rLJr �,�V • 'r'v.'�`5. i ..rr�s ;Lr: -3 �F = .::L_� ?i•.';:, .. •"`�tA.�j:9�:�S1r�r7T ,yg5a�1. '? i.l ., _' '• r „� _ CSys�•f�a(Lf;2� _. - *I " 1003 MARSH HARBOUR RESORTS LLC PH.sias79-54ns 9686 SCENIC DR. SW CALABASH, NC 28467Ll DATE PAY TO THE r • ORnER QF DOLLARS Mom... e B n m 10027 B CH DRIVE l L. CALA94SF1,NC 28457 ` F R O w..� p��. ►�,O �. Cr/T".`J�,}✓) Elr r f 1 - L 1 i � /rs'' ]3'' 1 rr % r- 1'. ✓ tJ�� • 1A. .! , w �� I iy,5t•.4 ' 'rrE+i;a-s. r•, _ ''?�f i' t S r � i3 tqq'kJ. F ! ,•• ;.1: F f ttiJ,L . . 117 �.:• � s s,1• - •-r��_y�rs+` �. _.-tai.t�lt'T�s � }#�r}, ,i:: •, ';• s-i; .t.:'s:•,.1;t4 ,, ice, s. � .; `-it;�� * �' - rd'' S r �r e�Li, � ^•� �:if t$'t•-r:r #1� • ���t: 'S1�"•,ire `j. i"r h a i? s i f ;S t3y"L Ly�'i�. ?•' + ::i''• AfY'r:'.. .. -:�t�r.j L•Y��l i ',,r ,::' 'd•• ;. N;k .,•'•' �p 1, .r"-:: -.ie,. .t.;• ..':3.of•` _ ,f it:''iS �.k?r�•.•�;f.±i. - s} r,�.. •,y•,.t'µS Ir - • i LADANE WILLIAMSON COMPANY, LLC March 31, 1999 Mr. Tracy E. Davis, P.E. (� fl��n Mining Program ~'' Land Quality Section APR 0 5 1999 Post Office Box 27687 Raleigh, North Carolina 27611 By Subject: Transfer of Permit No. 10-07 Marsh Harbour Pit Brunswick County Dear Mr. Davis: Enclosed you will find an application package requesting that the subject permit be transferred from Marsh Harbour Yacht & Golf Links, Inc. to Marsh Harbour Resorts, LLC. The property was recently sold by Marsh Harbour Yacht & Golf Links, Inc. to Marsh Harbour Resorts, LLC. A check for $50.00 is enclosed to cover the ownership transfer fee. A cashier's check made payable to the Department of Environment & Natural Resources for $2,100.00 is also enclosed for the reclamation bond. The amount of the bond was based upon the amount identified in the existing permit. If there is a refund due or an existing bond needs to be returned to the previous owner, it should be sent to: Mr. Odell Williamson Marsh Harbour Yacht & Golf Links, Inc. 2 Causeway Drive Ocean Isle Beach, North Carolina 28469 If you have any questions regarding this matter, please do not hesitate to contact me at (910)575-7263. , Sincerely, Donald L9tforH±o ' a Vice Preselopment cc: Ms. LaDane Williamson 11 CAUSEWAY DRIVE * 'OCEAN ISLE BEACH, NC * 28469 PHONE: (910)575-7263 0 FAX: (910)575-4737 r Mr. Odell Williamson Marsh Harbour Yacht & Golf Links, Inc. 2 Causeway Drive Ocean Isle Beach, North Carolina 28469 March 31, 1999 Division of Land Resources Land Quality Section Mining Branch Post Office Box 27687 Raleigh, North Carolina 27611-7687 Subject: Transfer of Mining Permit No. 10-07 Marsh Harbour Pit Brunswick County Dear Sirs: The subject mine and surrounding property has recently been sold to Marsh Harbour Resorts, LLC. Please accept this letter as my formal approval for transferring Permit No. 10-07 to Marsh Harbour Resorts, LLC. Sincerely, gd�e"Wi son MARSAkARBOUR RESORT LLC February 26, 1999 Division of Land Resources Land Quality Section Mining Branch Post Office Box 27687 Raleigh, North Carolina 27611-7687 Subject: Transfer of Mining Permit No. 10-07 Marsh Harbour Pit Brunswick County Dear Sirs: Marsh Harbour Resorts, LLC, has recently acquired the subject mine and surrounding property. Please accept this letter as my formal approval for transferring Permit No. 10-07 from Marsh Harbour Yacht & Golf Links, Inc. to Marsh Harbour Resorts, LLC. Marsh Harbour Resorts, LLC accepts any and all responsibilities and liabilities associated with the Mining Act of 1971. Marsh Harbour Resorts, LLC does not anticipate any changes to the operation of the subject mine and associated stockpile as approved by Permit No. 10-07. If you have any questions regarding this matter, please contact Mr. Don Safrit, P.E., Vice President for Horizontal Development, at (910)575-7263. Sincerely, lam/ L an i liamson cc: Mr. Dan Safrix, P.E. Mr. Kevin Fox 11 CAUSEWAY DRIVE » OCEAN ISLE BEACH, NC * 28469 PHONE: (910)575-7263 9 FAX: (910)575-4737 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine MARSH HARBOUR County BRUNSWICK 2. Name of Applicant* MARSH liAR'BOjJR BESORTS , T.LC 3. Permanent address for receipt of official mail** 10809 ROXBORO ROAD ROUGEMONT , NC 27572 Telephone ( 919) 4 71-2 515 4. Mine Office Address 11 CAUSEWAY DRIVE , OCEAN ISLE BEACH, NC 28469 Telephone ( 910) 575-7263 5. Mine Manager DONALD L . SAFRIT 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 vtJ Date �' Print Name LADANE WILLIAMSON 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 (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. 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 nine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: 1. a. If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: b. If this is an application for RENEWAL of a mining permit, indicate the minim permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): c. If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes No . If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does.the modification involve acreage outside the previously approved permitted boundary? Yes No . If yes, indicate the additional acreage to be covered by this modification: (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed) by the mining operation? Yes_ No (if no, a "minor modification" fee of $50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): d. If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: 10-07 Total permitted acreage: one ( 1 ) Acre Stockpile ■ 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 (dd-mm-ss): -- -- Quadrangle: LATITUDE (dd-mm-ss): -- -- River Basin: 3. Name of all materials mined: MARL -2- APPLICATION FOR A MINING PERMIT 4. Mining method: Hydraulic Dredge Front-end Loader & Truck Shovel & Truck Dragline & Truck Self-loading Scraper Other (explain) 5. a. Expected maximum depth of mine (feet) Reference elevation- b. Expected average depth of mine (feet) 6. Has any area(s) at this site been mined in the past? Yes 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: acres (identify all areas on your mine map(s)). d. When and by whom was this activity conducted? e. Do you wish to exclude any areas noted in 6a or c from this permit application? Yes No If yes, how much? acres (identify all areas on your mine map(s)). 7. Present (pre-mining) use of the land (estimate acreage for each): Cropland acres Pasture acres Forestry 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 acres Recreation acres Other acres (Specify use: „� ) 9. Number of years for which the permit is requested (10 years maximum): 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- r� 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). 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. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on-site haul roads. I. Location of planned and existing on-site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100 year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all adjoining land. p. Map legend: L 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/hauI 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 Stockpiles Wastepiles Processing Area/Haul Roads Mine Excavation Other NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE- SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes No If yes, briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or waste water from the mine or plant? Yes No . If yes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). c. Will any art of the proposed mine excavation(s) extend below the water table? Yes No . If yes, do you intend to dewater the excavation(s)? Yes No If yes, what impact,if any, will mine dewatering have on neighboring wells? Locate all existing wells on the mine maps) 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 ft. Low ft. What-is the source of this information? 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, NPDES, etc.) from the Division of Water Quality, Water Quality Section. -6- APPLICATION FOR A MINING PERMIT 2. a. Will the operation involve crushing or any other air contaminant emissions? Yes No . if yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? 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. 4. 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. -7- I 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). 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). 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. 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. -8- APPLICATION FOR A NU KING 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). d. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. e. In excavation(s) of unconsolidated (non-rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross-sections for all cut slopes must be provided on the mine map(s). f. 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. 7. Are acid producing minerals or soils present? Yes No How will acid water pollution from the excavation, stockpiles and waste areas be controlled? -9- r, APPLICATION FOR A MINING PERMIT 8. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine map(s) and provide cross-sections through all proposed berms or proposed spacings, sizes and species for tree plantings. 9. Will explosives be used? Yes No If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Locate the nearest ofsite occupied structure(s) to the proposed excavations) on the mine map and indicate its approximate distance to the proposed excavation. 10. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes No If yes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the location(s) of all storage facilities on the mine map(s). 11. Are any processing waste, overburden or other such mine wastes to be disposed of off-site? Yes No . 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- APPLICATION FOR A M QNG 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). 2. a. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes No . If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-section(s) 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? Yes No If yes, specify species. 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. -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. 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. 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. b. Will any on-site roadways be left as part of the reclamation? Yes No . If yes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization. -12- APPLICATION FOR A MINING PERMIT 6. Describe the method of reclamation of settling ponds and/or sediment control basins. 7. Describe the method of control of contaminants and disposal of scrap metal,junk machinery, cables, or other such waste products of mining, (Note definition of refuse in The Mining Act of 1971). No off-site generated waste shall be disposed of on the nine 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 focal governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine maps) and reclamation map, along with a list of items to be disposed in said areas. 8. Indicate the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. Provide design information, including typical cross-sections, of any permanent channels to be constructed as part of the reclamation plan. Indicate the location(s) of all permanent channels on the reclamation map. 9. Provide a schedule of reclamation that indicates the sequence of reclamation and approximate time frame. If reclamation is to be accomplished concurrently with mining, then clearly indicate on the mine map(s) and reclamation map each segment that is to be mined and reclaimed during each year of the permit. Add drawings showing typical cross-sections and final features of the proposed reclamation. -13- APPLICATION FOR A MINING PERMIT 10. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for permanent revegetation and, if necessary, temporary revegetation. Revegetation utilizing only tree plantings is not acceptable, NOTE:. The Revegetation Plan must be approved and signed by one of the following: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment 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. 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): MULCH - TYPE AND RATE OF APPLICATION (poundslacre) 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 -14- 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, or each aaect of the mining operation that you intend to_a ect durin the life o this miningpermit in addition lease insert the a ro riate reclamation cost/acre or each catertory.from the Schedule of Reclamation Costs provided with this application form): AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE COST Tailings/Sediment Ponds Ac. X $ IAc. = $ Stockpiles Ac. X .$ lAc. = Wastepiles Ac. X $ IAc. = $ Processing Area/Haul Roads Ac. X $ IAc. = $ Mine Excavation Ac. X $ fAc. = $ Other Ac. X $ IAc. = $ TOTAL AFFECTED AC.: Ac. Temporary & Permanent Sedimentation & Erosion Control. Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage, measures will be needed to prevent offsite sediment. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1500 1 Ac. _ $ SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life (1 to 10 years)- INFLATION COST: $ TOTAL COST = SUBTOTAL COST + INFLATION COST = $ TOTAL RECLAMATION BOND COST: _ $ (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) the permit boundaries as indicated on the mine map(s). The only exception to the above is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a 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 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 M SONG PERMITS AND FOR PERMIT MODIFICATIONS THAT ADD ADJACENT LAND TO A MINING PERMIT. E SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -16- NOTICE Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that has applied on (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one): (a) a new surface mining permit ❑ (b) a modification to add adjacent land to an existing surface mining permit ❑ The applicant proposes to mine on acres located Ore} (Number) ) of (Miles) (Direction) (Nearest Town) off/near road in (Road Number/Name) (Name of County) *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all owners of record of land adjoining (contiguous) to the proposed mine site (permit boundaries), and to notify the chief administrative officer of the county or municipality in which the site is located. Any person may file written conunent(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials are on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For further information call (919) 733-4574. Please note _that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until-a final decision is made on the application. (Addressee's Name and Address) (Date of Issuance of this Notice/Mailed to Addressee) (Name of Applicant) (Address of Applicant) -17- APPLICATION FOR A MEgNG PERMIT AFFIDAVIT OF NOTIFICATION I, , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit that adds adjacent land to the Mining Permit, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are known owners of record, both private and public, of the land adjoining the proposed mining permit boundaries and that notice of the pending application has been caused to be marled, by certified or registered mail, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which the proposed mining site is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said office at the following address: (Chief Administrative Officer Name) . (Address) The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify the owners of record of the adjoining land and the chief administrative officer of the county or municipality in compliance with N.C.G.S. 74-50 and 15A N.C.A.C. 5B .0004(d), I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Date Signature of Applicant If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) ; (title of person executing Affidavit) I, , a Notary Public of the County of , State of North Carolina, do hereby certify that personally appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my hand and notarial seal, this day of 19 Notary My Commission expires: -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. LANDO APPLICANT Sign re Signatur Print Name: . LADANE WILLIAMSON Print Name: ADANTIE Address 10809 ROXBORO ROAD Title: PRESIDENT ROUGEMONT, NC 27572 _ Company: MARSH HARBOUR RESORTS , LLC Telephone ( 919)471-2515 Mine Name: MARsx HARBouR *Signature must be the same as the individual who signed Page 1 of this application. Four (4) copies of the completed application. four (4) copies of all mine maps and reclamation 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. -19- MINING +A nonrefundable permit application processing fee is required when filing for a new mining permit, a major permit modification or a renewal permit as follows: TYPE ACRES" NEW PERMIT MAJOR RENEWAL MODIFICATION Clay 1 but less than 25 $500 $250 $250 25 but less than 50 1000 500 500 50 or more 1500 S00 500 Sand & 1 but less than 5 150 100 100 Gravel, Gemstone, and 5 but less than 25 250 100 100 Borrow Pits 25 but less than 50 500 250 500 50 or more 1000 500 500 Quarry, 1 but less than 10 250 100 100 Industrial Minerals, 10 but less than 25 1000 250 500 Dimension Stone 25 but less than 50 1500 500 500 50 or more 2500 500 500 Peat & 1 or more 2500 500 500 Phosphate Gold (Heap Leach) , 1 or more 2500 500 500 Titanium & Others *A nonrefundable$50.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership transfers,name changes,bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added to a permitted area, outside of the minimum permit buffer zone requirements, where no plans for mining related disturbance of the added lands have been approved. All other changes are considered major modifications. "Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected by the modification within the permitted mine area, or any additional land that is to be disturbed and added to an existing permitted area,or both. 3/94 -2 0- LAND QUALITY SECTION HEADQUARTERS Francis M. Nevils,Jr.,P.E. James D-Simons, P-G., P.E. -Chief Engineer Beth Chesson-Sediment Education Specialist Courier-52-01-00 Section Chief Vacant-Sediment Specialist (919)7334574 5I2 N. Salisbury Street David H. Ward-Acting Sediment Specialist Secretaries FAX#(919)733-2876 P.O.Box 27687 Tracy E. Davis, P.E. - Mining Specialist Raleigh, NC 27611 Judy Wehner-Assistant Mining Specialist Jan Bolick-Lead Secretary Caroline Medlin-Sedimentation Education Tony L. Sample-Assistant Mining Specialist Stephanie Lane-Sediment&Dams Intern James K. Leumas, P.E. - Dam Safety Engineer Susan Edwards-Mining Carl Miller-LAN Coordinator lack H. Palmer, P.E. -Assistant Dam Safety Eng. LAND QUALITY SECTION REGIONAL OFFICES ASHEVILLE MOORESVILLE WINSTON-SALEM RALEIGH RICHARD PHILLIPS,P.E. DOUG MILLER, P.E. MATTHEW GANTT,P.E. JOHN HOLLEY, P.E. Interchange Bldg. 919 North Main Street 585 Waughtown Street 3800 Barrett Drive 59 Woodfin Place Mooresville, NC 29115 Winston-Salem, NC 27107 P. 0. Box 27687 Asheville, NC 28801 Raleigh, NC 27611 COURIER- 13-15-01 COURIER-06-78-16 COURIER-09-08-06 (9I0)7714600(58) INTEROFFICE (704)251-6208-(52) (704)663-1699-(54) FAX#(910)771.4631 (919)5714700-(55) FAX#(704)251-6452 FAX A(704)663-6040 FAX N(919)5714718 Alamance Alleghany Ashe Avery Buncombe Burke Alexander Lincoln Caswell Davidson Davie Chatham Durham Edgecombe Caldwell Cherokee Clay Cabarrus Mecklenburg Forsyth Guilford Rockingham Franklin Granville Halifax Graham Haywood Henderson Catawba Rowan Randolph Stokcs Surry Johnston Lee Nash N Jackson Macon Madison Cleveland Stanly Watauga Wilkes Yadkin Northampton Orange Person �-' McDowell Mitchell Polk Gaston Union Vance Wake i Rutherford Swain Transylvania Iredell Warren Wilson Yancey FAYETTEVILLE WILMINGTON WASHINGTON WILLIAM VINSON(TOBY) DAN SAMS, P.E. FLOYD WILLIAMS, P.G. Wachovia Bldg. 127 Cardinal Drive, Ext. 943 Washington Square Mall Suite 714 Wilmington, NC 28405-3845 Washington, NC 27889 Fayetteville, NC 28301 COURIER- 16-04-01 COURIER- 14-56-25 COURIER-04-16-33 (919)946-6481 (56) (910)486-1541 (53) (910)395-3900(57) FAX p(919)975-3716 FAX N(910)486-0707 FAX N(910)350-2004 Beaufort Bertie Camden Chowan Anson Montgomery Scotland Brunswick New Hanover Craven Currituck Dare Gates Bladen Moore Carteret Onslow Greene Hertford Hyde Jones Cumberland Richmond Columbus Pender Lenoir Martin Pamlico Harnett Robeson Duplin Pasquotank Perquimans Pitt Hoke Sampson Tyrrell Washington Wayne REVISED 10l97 SCHEDULE OF RECLAMATION COSTS io/97 (based upon range of $500 - $5, 000 yer affected acre) aoetschd.bad COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill dirt , CS = Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI _ Mica, LI _ Lithium, PF = Pyrophyllite, OL = Olivine, KY = Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other Type T/S Ponds S.piles W.pil.es P.area/H.R. Mine Excay. SG, GS, $500/ac . (L) $1800/ac . $2000/ac . $1800/ac . $500/ac . (L) Borrow 1500 (FI) 2000 (PD) CS, DS, 500 (L) 1800 2000 2000 500 (L) FS, MI, 1500 (FI) 2500 (PD) LI , PF, OL, KY PH 1000 (L) 2500 5000 5000 2000 (L) 2500 (FI) 5000 (PD) CL 1000 (L) 2500 5000 5000 2000 (L) 2500 (FI) 3700 (PD) PE, AU, 1000 (L) 2500 3000 3500 2000 (L) TI , OT 2500 (FI) 5000 (PD) (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage and revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program Land Quality Section P.O. BOX 27687 Raleigh, North Carolina 27611 ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM: - FINAL GRADING COSTS PER ACRE - LIME AND FERTILIZER COSTS PER ACRE - YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) - MULCH AND ANCHORING COSTS PER ACRE - ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR' S FINAL BOND DETERMINATION. 1,000 copies of this public document were printed at a cost of$564.00 or$.56 per copy. 12197 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES-L AV QUALITY SECBON -22 - J _ n � ♦ � I ALLOTTE RN qW Z C pp a \•.1 [a(� ~pulp" � i� , J I n wj 1. ® I,f •4�, OWN `'' { ' Sri' g LA V N 17 0 op, NI —--------- IN > NI ZO X /> IN 11 C) Jorl> NI 19 o L/ c\ o ! 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Fla 15RLNEPWIrX CoLNT*100/ NC l�i�w Iyv OL,R ro H 22 , 1999 C-3 4aV: a W'"' =a NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES NCDENR September 2, 1998 r JAMES B.HUNTJR. ,GOVERNOR cs0 Mr. Odell Williamson Marsh Harbor Yacht & Golf Links, Inc. 2 Causeway Drive =y Ocean Isle Beach, North Carolina 28469 WAYNE MCDEVITT. - SECRETARY „ . RE: Permit No. 10-07 Marsh Harbour Pit eVat� Brunswick County CHARL63H.GARANI:R•S'a. Cape rear River Basin P.G.,P.E.DIRECTOR ANO STATE GEOLOGI9T, - Dear Mr. Williamson: SR Your application for renewal of the above referenced mining permit 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 . The new expiration date is September 2, 2003. 1 would like to draw your particular attention to the fact that this permit has been renewed for only 5 years to allow for removal of the -.• remaining stockpile and timely reclamation of the remaining affected areas at the site. As a reminder, your permitted acreage at this site is 40 acres and the amount of land you are approved to disturb is 1 acre of stockpile. yy'��•g°,`�• r fit," LAND QUALITY SECTION 1919)733-4574 FAX[919)733.2E76 �mY - trr•-3���'�r.` GEOLOGICAL SURVEY SECTION[91$1 733-24$3 FAX(S19)733.0900 P.O. Box 27687, RALEIGH,NORTH CAROLINA 2761 1•7687 TELEPHONE 191 9)733-3833 FAX ,91 9)71 5-8801 -' -�"�' :"fi-1"~~`• AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50% RECYCLfi0/10 a POST-CONSUMER PAPER Mr. Williamson September 2, 1998 Page 2 Please review the renewed permit and advise this office at (919) 733-4574 should you have any questions concerning this matter. Sincerely, Tracy E. avis, P.E. State Mining Specialist Land Quality Section TED/tls Enclosures cc: Mr. Daniel E. Sams, P.E. Ms, Barbara Rote-WRC, w/enclosures Mr. Bradley Bennett-DWQ, wlenclosures f -- 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: Marsh Harbor Yacht & Golf Links, Inc. Marsh Harbor Pit Brunswick County - Permit No. 10-07 for the operation of a Marl 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. MINING PERMIT EXPIRATION DATE: September-2. 2003 . • Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration-Date This permit shall be effective from the date of its issuance until September 2, 2003. on _itions 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: QPERATING CONDITION5: 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. • i Page 3 B. Any stormwater runoff from the affected areas at the site shall be in 'accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the 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 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. Silt fence, diversions or other sediment control measures shall be installed and maintained to prevent off-site sedimentation during the removal and reclamation of the existing stockpile. 5. All affected area boundaries (i acre) 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. B. 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 4 9. Sufficient buffer shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. Befuse 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 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" fin 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 ri r 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. • Page 5 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. 13. The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $2,500.00 surety bond ($2,100.00 of which is required for this site) is sufficient to cover the operation as indicated in the approver! application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. . ! Page 6 AeEROVED RECLAM611QN 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 74-53 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 into a boat basin and to grade and revegetate the disturbed land areas adjacent to the boat basin. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The reclaimed boat basin shall be bulkheaded with precut or poured in place concrete sections. B. The flooded depth of the boat basin shall be sufficient to allow the intended boat traffic. C. All applicable Division of Water Quality and Coastal Area Management Act rules and regulations shall apply. ' • Page 7 D. Any disturbed areas adjoining the mine excavation shall be graded, leveled and either paved for streets and parking or grassed. E. Any slopes.not bulkheaded shall be graded to a 3 horizontal to 1 vertical slope or flatter and grassed above the water line. F. Any stockpile or wastepile shall be removed and the area leveled and permanently stabilized. G. 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. H. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: Grasses to be used will be either Centipede, Bermuda, St. Augustine, or Zoysia. Prior to sodding, soil tests will be conducted to determine nutrient and lime needs. Apply lime and fertilizer as recommended and incorporate in the upper 4 inches of the soil before seeding/sodding. In areas where Bermuda grass is used, seed at a rate of 2 lbs/1000 square feet. Seed Centipede at the rate of 3 ounces/1000 square feet or it may be sprigged on 1 foot spacings. Zoysia and St. Augustine must be sprigged. The area may be sodded with a complete cover grass. Mulch with about 2 bales of small grain straw per 1000 square feet if grass is seeded. Use mulch netting or other means of holding straw on slopes greater than 6 (horizontal) to 1 (vertical). Use shrubbery and trees for landscaping purposes. 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 April 20, 1983 and renewed April 28, 1988, is hereby renewed this 2nd day of September, 1998 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 and Natural Resources DIYISIQN OF WATER QUALIT GROUNDWATER SECTION July 29, 1998 MEMORANDUM TO: Dan Sams, DLQ-WiRO FROM: Bruce Parris, DWQ-GWS-WiRO SUBJECT: Marsh Harbour Yacht & Links Mining Permit Renewal # 10-07 Adjacent to Calabash River Brunswick Co. The WiRO-GWS has received your request for comment on the subject raining permit application and I offer the following comments for your consideration. Based on my review of the application package which I received, there will be no excavation activities and no dewatering of groundwater at this site. A large pile of previously excavated soil (reportedly less than one acre) will be spread out at the subject site and the previous excavation will remain an open water body to be used as a boat harbor. These activities are not anticipated to have any significant negative impacts to the groundwater in this area, therefore, the WiRO - GWS does not object to the renewal of this permitted activity. If you have further questions please contact me at (910) 395-3900. BRP/brp cc: WiRO-GWS Files S:1GWS1PARRISIPERMITSIMARSHHAR.MMO 7/29/98 MINE SITE REVIEW FORM PROJECT NAME: Ij dkP 1,2 S Assignment Date: Requested Reply Date: Assigned To: Approved By: REVIEW ISSUES: Watershed/Stream Name and Classification:_ L11r ?9'S_� _ ! }i►� L� Comments: PERMITS: Is a NPDES Permit Required? Yes No NPDES Permit Existing/Proposed Number: G � Is a Non-Discharge Permit Required? Yes No� Non-Discharge Permit Existing/Proposed Number: �7V Comments ENVIRONMENTAL ISSUES: Is Wetlands Disturbed by the Activity? Yes No Is a 47;;,rt'fication Required? Yes No Comments: �?!l.G�� J �`" dii G '� 1 ✓Ca2 1�� �7 -�r- '-%F - ^- - ✓y,.,�.,,�^'"ttU .,.-w.. Iti -YF,....-:....... ,-- x, -,.. . . ;,a,'_ , -.,r-, s. DATE TO ASSISTANT O DATE TO S N LOGGED IN �� ale 1 MgNG CHECKLIST FOR ROUTING Company Well GJ,'Ag n4%-VW Project Name In4rs k Permit No. a-v-7 County _13rA4 s tv; Date Received i Reviewer ., 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 LJ Fee Received: Amount 4/D6- 04- Please route to: LJ G/i�✓h.0 7 .� Field Office Date Routed -7—Q0 ❑ Wildlife Resources Commission Date Routed * ❑ Archives and History Date Routed Ef"'Other: ` Mu 1�d Date Routed i Suspense Date for Comments: (Date received +30 days, not on weekend) ❑; Please note the following: 41 r' *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 f ODELL WILLIAMSON 1353 VIRGINIA WILLIAMSON 2 CAUSEWAY 111), OCEAN iSI.F; BEACH. tlt' 20469 PAY TO THE ORDER OF_1,2_�1G�_ --_ K .......... -DOLLARS 62201 BB& I HWY 179 AND THE CAUSEWAY OCEAN ISLE BEACH.NC 28469 F D R JUNs MARSH HARBOUR YACHT & LINKS 2 CAUSEWAY DRIVE OCEAN ISLE BEACH, NC 28469 ;) A 910-579-6222 ' v June 25, 1998 Mr. Charles Gardiner, Director VIA FEDEX NC Dept. of Environment &Natural Resources LAND QUALITY SECTION 512 North Salisbury Street Raleigh,NC 27611 -r- RE: Mine Name: Marsh Harbour Yacht& Links *loft Permit No: 10-07 County: Brunswick v Dear Mr, Gardiner: In reference to the above permit, we request renewal of this existing mining permit for a period not to exceed ten (10) years. IT WAS AN OVERSIGHT ON OUR.PART THAT r WE DID NOT SUBMIT THIS RENEWAL APPLICATION TO YOU BY APRIL 28T" AND WE WOULD APPRECIATE A RENEWAL RATHER THAN HAVING TO RE- APPLY FOR A NEW PERMIT. There has been no reclamation conducted on this site during 1998 and it is not subject to future mining activities. A small stockpile (Iess than l-acre) of removed material is now located on the site. At this time, no mining or removal activities are anticipated. Additionally, no new acreage was affected during 1998, nor do we anticipate any new acreage to be affected in 1999. Enclosed please find our check in the amount of$100.00 for the renewal fee along with our renewal application. Should you have any questions regarding this renewal, please contact me ASAP in order for us to have a permit in continued compliance with your office. Thank you in advance for your assistance. Sincerely, Judy Pridgen Office Manager Frame: Judi Pridg" :- Stock Pile,` CALABASH Rt r! LIMI73 ! � -- o MARSH HARBOUR r MARINA and SOLF t mim live. • 00 Ll � 1 _• 1� ' r _ of aILSIf mAR80UR _ ► O c14 BQLF LINKS y a IL 40- M • LCILL 1r1* Fob • �: �� 4c r` r13 torq :f 1� ¢' CROSS SECTION ol Barrow +• Arse gjp In J;..r� i Gp�r �s•p ow.w-1.Y•�,0; 7, ; :�� t` . r / K ►— ` �'_ PROPOSED DAN cr . �._. lyo e: f i5, Long 4 Scale !"= 2O Ld y : Q MARSH-HARBOUR YACHT a 6OLF LfNKs, tw- w= a - .a NORTH CAROLINA MINING PERMIT APPLICATION JU 2 1998 State of North Carolina ay Department of Environment, Health and Natural Resources Division of Land Resources Land Quality Section N O R t N O A R O L I N A p R O O R A M P.O. Box 27687 Raleigh, North Carolina 27611-7687 (919) 7334574 Revised 3/96 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES C---- LAND QUALITY SECTIONAPPLICATION FOR A MINING PERMIT(PLEASE PRINT OR TYPE) 1. Name of Mine jhs� Z&ke'w 221 County 2. Name of Applicant* 4A& 4�44zdafze 3. Permanent address for receipt of official mail** Telephone 4. Mine Office Address Telephone 5. Mine Manager �U i� .�l1/ �_. ' 11 ,1rs AAe 1"e- 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-- (Vt� Date Print Name Title * 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 gln all required maps provided before this application can be considered complete. Attach additional sheets as needed. � � X� .�_' .� i' , � / j z` �� A ' .t .. � „ � c � , � � � i i i � y � l r ' 1 _. ' i � • APPLICATION FOR A M UNG 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, r, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE ti Answer all of the following that apply: 1. a. If this is an application for a bW 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, haw 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.:1 p-7._ Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): c. If this is an application for a(MODIFICATION to a mining permit, indicate the mining permit number 9d the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes No.__. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes No If yes, indicate the additional acreage to be.covered by this modification: {NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed) by the mining operation? Yes_ No._ (if no, a "minor modification" fee of $50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): d. If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: ■ 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 (dd-mm-ss): -- -- Quadrangle: LATITUDE (dd-mm-ss): -- -- ` . 3. Name of all materials mined: i APPLICATION FOR A MINING PERWT 4. Mining method: Hydraulic Dredge Front-end Loader & Truck Shovel & Truck Dragline & Truck Self-loading Scraper Other (explain) No depth removing , old 5. a. Expected maximum depth of mine (feet) Reference elevation:_stack_ pile . That is b, Expected average depth of mine (feet) less than 1' a cr e / 6. Has any area(s) at this site been mined in the past? Yes �/ No If no, proceed to Question a. Acreage of previously affected land(s) at present site that has not been reclaimed: acres (identify all areas on your mine majp(s)). b. When and by whom was this activity conducted._ old mine has been reclaimed & being used as a boat harbor . c. Acreage or previously affected land 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 xclude any areas noted in 6a or c from this permit application? Yes No If yes, how much? acres (identify all areas on your mine map(s)). 7. Present (pre-mining) use of the land (estimate acreage for each): Cropland acres Pasture acres Forestry 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 ____acres Recreation acres Other _acres (Specify use: 9. Number of years for which the permit is requested (10 years maximum): yes 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. Ali 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 ermit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly �ustrate 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. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on-site haul roads. 1. Location of planned and existing on-site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100 year floodpI in limits and wetland boundaries. o. Names of owners of record, both public and private, of all adjoining Iand. p. Map legend: I. 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 I inch = 100 feet 500+ Acres I inch = 200 feet -4- i • 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 a. 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 Stockpiles Wastepiles Processing Area/Haul Roads Mine Excavation Other NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE- SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS.APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. •.r -5- • APPLICATION FOR A Mff-aNG PERMIT C. PROTECTION OF NATURAL RESOURCES I. a. Will the operation involve washing4he material mined, recycling process water, or other waste water handling? Yes No ✓ If yes, briefly describe all such processes including any chemicals to be used. b. Will the operatio involve dischargin fresh or waste water from the mine or plant? Yes No_. Y yes, brie,fly describe the nature of the discharge and lcate all proposed discharge points (along with their method of stabilization) on your mine map(s). c. Will any part the proposed mine excavation(s) extend below the water table? Yes No If yes, do you intend to dewater the excavation(s)? Yes No._. If yes, what impact, if any, will mine dewaterin have on neighboring wells? Locate all existing wells on the mine map(s) that lie within SOO 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 ft. Low ft. What is the source of this information? 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, NPDES, etc.) from the Division of Environmental Management, Water Quality Section. -6- APPLICATION FOR A MINING PERMIT 2. a. Will the operationAnvolve crushing or any other air contaminant emissions? Yes No V . 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 eontrollvli Road is paved , stock pile is small , there is not enough activity to create a problem. This is usually a 1 man operation . 3. Describe in detail the chronological s=uence of land disturbing activities and reference the sequence to the mine ma.o(s). Attach additional sheets as nQezded. Less than 1 acre ^. Desz.ibe sue:irtc erosion control measures to be installed prior to land disturbing ac. lvit L-s and during mining to prevent orisite sedimentation (include specific plans Jor sediment and erosion con,rol for mine excavarion(s), waste piles, accessfmine roads and process areas), and give a dem sled secuoice of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine mav(s) and provide ,rvpical cross-secrionslcorrsrrucrion deraiis of each measure. Enaineering designs and calculations shall be required when needed to }usti v the adequacy of any proposed measures. Material is very hard does not erode away from pile . Pile is less than one acre . -7- APPLICATION FOR A MINING PF.RAUT 5. a. Haw 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, ,excavated buffers. Show all buffer locations and widths on the mine map(s). 100 FT. 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 undislurbed. Show all buffer locations and widths on the mine map(s). 300 FT . 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. There is no excavation . ,lust old stock pile. Excavated areas have been reclaimed and stabilized . 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. None -8- APPLICATION FOR A MINING PERMIT c. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross- section and location of each type of barricade to be used must be indicated on the mine map(s). d. Provide a cross-section on the mine map(s)for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. e. In excavarion(s) of unconsolidated (non-rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross-sections for all cut slopes must be provided on the mine map(s). No excavation f. 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. None 7. Are acid producing minerals or soils present? Yes No How will acid water pollution from the excavation, stockpiles and waste areas be controlled? -9- APPLICATION FOR A 11IINING PERMIT 8. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine map(s) and provile cross-sections through all proposed berms or proposed spacings, sizes and species for tree plantings. 9. Will explosives be used? Yes No�If es, specify the types of explosive(s) and describe what p ecaution(s) will be used to prevent physical hazard to persons or neighboring roperry from flying rocks or excessive air blasts or ground vibrations. Locate the nearest ogsite occupied structures) to the proposed excavations) on the mine map and indicate its approximate distance to the proposed excavation. 10. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes No ✓ . If yes, describe these materials, how the), will be stored and method of containment in case of spill. Indicate the location(s) of all storage facilities on the mine map(s). 11. Are any processjng waste, overburden or other such mine wastes to be disposed of off-site? Yes No 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. -1a- 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). Same as old permit . 2. a. is an exc vated or ' pounded body of water to be left as a part of the reclamation? Yes / No If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-sections) through the proposed body(s) of water. The minimum average water depth must be at least 4 feet unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes No If yes, specify species. Salt water spots , mulletts , crocker , flounder . Same as bld permit , has been reclaimed . 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. [none -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. Stock pile will be leveled to ground level . There will be no danger, 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. Same as old permit #10-7 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. No process facilities b. Will any on-site roadways be left as part of the reclamation? Yes No . If yes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization, -12- APPLICATION FOR A MINING PERMIT 6. Describe the method of reclamation of settling ponds and/or sediment control basins. 7. Describe the method of control of contaminants and disposal of scrap metal,junk machine cables, 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 and either the Division of Solid Waste Management (DSWM) or local governing body. If a disposal permit has been issued by DSWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse di osal areas must be clearly delineated on the mine maps) and reclamation map, along with a list to be disposed in said areas. No waste left . 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 ry ical cross-sections, of any permanent channels to be constructed as part of the reclamation plan. Indicate the locations) of all permanent channels on the reclamation map. No Canals existing 9. Provide a schedule of reclamation that indicates the sequence of reclamation and approximate time frame. If reclamation is to be accomplished concurrently with mining, then clearly indicate on the mine map(s) and reclamation map each segment that is to be mined and reclaimed during each year of the permit. Add drawings showing typical cross-sections and final features of the proposed reclamation. -13- APPLICATION FOR A MINING PERMIT 10. Describe your plan for revegetation or other surface treatment of the affected areas: This plan,must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for permanent revegetation and, if necessary, temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. NOTE: The Revegetation Plan must be approved) and signed by one of the following: a. Authorized representatives of the local Soil and Water-Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment, Health, and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina Iicensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment, Health, and Natural Resources; f. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: 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 -14- APPLICATION FOR A MIlVING 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$S00 to $5,000 per r{,8`ected acre)for each permitted mine site based upon the acreage approved by the epartment to be q ected during the life of the mining permit. durfte the f. mining Dermit (in addition ease rt the qpp-Wdate reclamation wjL6acrc for each caggoly from the Schedule QLRe n osts i2toidded Wi this dDD1lcatiQjj fQm1J:'" AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE COST Tailings/Sediment Ponds Ac. X $ /Ac. = $ Stockpiles _J_ Ac. X $ ,�d d /Ac. = $ /8CO Wastepiles Ac. X $ /Ac. = $ Processing Area/Haul Roads Ac. X $ /Ac. = $ Mine Excavation Ac. X $ /Ac. = $ Other Ac. X $ /Ac. = $ TOTAL AFFECTED AC.: Y .� Ac. Tem ma & 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 -� Ac. b) Positive Drainage Ac. X $1500 1 Ac. _ $ SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ —36 X Permit Life (1 to 10 years): /P INFLATION COST: $ 36Q TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 2146 .e6 TOTAL RECLAMATION BOND CAST: _ $ Qd .690 (round down to the nearest $100.00) -15- APPLICATION FOR A MII14ING 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) the permit boundaries as indicated on the mine map(s). The only exception to the above is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a 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 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. THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MILTING PERMITS AhM 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- NOTICE Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that has applied on (Applicant Name) (Date) to the Land Quality Section,'Division of Land Resources, North Carolina Department of Environment, Health, and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one): (a) a new surface mining permit ❑ (b) a modification to add adjacent land to an existing surface mining permit The applicant proposes to mine on b ,55 Tb w acres located (Mineral, Ore) ` (Number) of (Miles) (Direction) (Nearest Town) - -- off/near road 1 - _ -- -_-- -- - - __ in R w J S Cam), C (Road Number/Name) (Name of County) *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all owners of record of land adjoining (contiguous) to the proposed mine site (permit boundaries), and to notify the chief administrative officer of the county or municipality in which the site is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials are on file and available for public review during normal business hours at the above listed address as well as at the appr6priate regional office. For further in call (919) 733-4574. Please note thatD ment will consider any levant written comments/docUmentation- within he provisions of the Mining1971 thro ghoutli o review process until a final decision is made on the Mlication. (Addressee's Name and Address) (Date of Issuance of this Notice/Mailed to Addressee) (Name of Applicant) (Address of Applicant) -17- APPLICATION FOR A MUgNG PERWI` AFFIDAVIT OF NOTIFICATION I, , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit that adds adjacent land to the Mining Permit, from the N.C. Department of Environment, Health, and Natural Resources, being first duly sworn, do hereby attest that the following are known owners of record, both private. and public, of the land adjoining the proposed mining permit boundaries and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which the proposed mining site is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said office at the following address: (Chief Administrative Officer Name) (Address) The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify the owners of recordof the adjoining land and the chief administrative officer of the county or municipality in compliance with N.C.G.S. 74-50 and 15A N.C.A.C. 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Date Signature of Applicant If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) ; (title of person executing Affidavit) a Notary Public of the County of , State of North Carolina, do hereby certify that personally appeared before me this day and under oath acknowledged that the above Affidavit was made by himther. Witness my hand and notarial seal, this day of , 19 Notary My Commission expires: -18- APPLICATION FOR A MINING PERNUT 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 necessaryfield inspections or investigations as may be reasonably required in the administration of the Mining Act 1971. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT Signature Signature Print Name: Print Name: Address Title: Company: Telephone Mine Name: *Signature must be the same as the individual who signed Page 1 of this application. Four (4) copies of the completed application. four (4) copies of all mine mans and reclamation ma s. and the appropriate processing (see next page for fee schedule) in the form a'check oe money order payable to the North Carolina Department of Environment, Health, and Natural Resources must be sent to the Land Quality Section Central.Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. -19- MINING *A nonrefundable permit application processing fee is required when filing for a new mining permit, a major permit modification or a renewal permit as follows: TYPE ACRES** NEW PERMIT MAJOR RENEWAL MODIFICATION Clay 1 but less than 25 $500 $250 $250 25 but less than 50 1000 500 500 50 or more 1500 500 500 Sand & 1 but less than 5 150 100 100 Gravel, Gemstone, and 5 but less than 25 250 100 100 Borrow Pits 25 but less than 50 500 250 500 50 or more 1000 500 500 Quarry, 1 but less than 10 250 100 100 Industrial Minerals, 10 but less than 25 1000 250 500 Dimension Stone 25 but less than 50 1500 500 500 50 or more 2500 500 500 Peat & 1 or more 2500 500 S00 Phosphate Gold (Heap Leach) , 1 or more 2500 500 500 Titanium & Others •A nonrefundable$50.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership transfers,name changes,bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added to a permitted area,outside of the minimum permit buffer zone requirements,where no plans for mining related disturbance of the added lands have been approved. All other changes am considered major modification. *•Acres for new permits and renewal permits means the total acreage at the site. Acma for major modification of permits means that area of land affected by the modification within the permitted mine area,or any additional land that is to be disturbed and added to an existing permitted area,or both. 3194 -20- S+ � LAND QUALITY SECTION HEADQUARTERS Francis M. Nevus,Jr.,P.E. James D.Simons,P.G., P.E.-Chief Engineer Beth Chesson-Sediment Education Specialist Courier-52-01-00 Section Chief S.Craig Deal,P.E.-Sediment Specialist (919)733-4574 512 N.Salisbury Street David H.Ward-Assistant Sediment Specialist Secretaries FAX 0(919)733-2876 P.O.Box 27687 Tracy E.Davis,P.E.- Mining Specialist Raleigh,NC 27611 Judy Wehner-Assistant Mining Specialist Jan Bolick-Lead Secretary Caroline Medlin-Sedimentation Education Tony L.Sample-Assistant Mirnng Specialist Stephanie Lane-Sediment&Dams Intern James K.L.eumas, P.E.- Dam Safety Engineer Susan Edwards-Mining Carl Miller-LAN Coordinator Jack H. Palmer,E.I.T.-Assistant Dam Safety Eng. LAND QUALITY SECTION REGIONAL OFFICES ASEMNEU E MOORE_SVFU E WE4MN-SA1EM RAIMGH RICHARD PHIL.LIPS, P.E. DOUG MILLER,P.E. MATTHEW GANTT,P.E. JOHN HOLLEY,P.E. Interchange Bldg. 919 North Main Street 585 Waughtown Street 38M Barrett Drive 59 Woodfin Place Mooresville,NC 28115 Winston-Salem, NC 27107 P.O.Box 27687 Asheville,NC 28801 Raleigh,NC 27611 COURIER- 13-15-01 COURIER-06-78-16 COURIER-09.08-06 (910)7714600(58) INTEROFFICE (704)251-6208-(52) (104)663-1699-(54) FAX 0(910)7714631 (919)5714700-(55) FAX 0(704)251-6452 FAX 0(704)663-6040 FAX 0(9I9)5714718 Alamance Alleghany Ashe Avery Buncombe Burke Alexander Lincoln Caswell Davidson Davie Chatham Durham Edgecombe Caldwell Cherokee Clay Cabams Mecklenburg Forsyth Guilford Rockingham Franklin Granville Halifax Graham Haywood Henderson Catawba Rowan Randolph Stokes Surry Johnston Lee Nash Jackson Macon Madison Cleveland Stanly Watauga Wilkes Yadkin Northampton Orange Person McDowell Mitchell Polk Gaston Union Vance Wake Rutherford Swain Transylvania Iredell Warren Wilson Yancey FAYEITEVIL LE WILNWGTON WASHINGTON JOE GLASS, P.E. DAN SAMS,P.E. FLOYD WILLIAMS,P.G. Wachovia Bldg. 127 Cardinal Drive,Ed. 943 Washington Square Mall Suite 714 Wilmington, NC 28405-3845 Washington,NC 27899 Fayetteville, NC 28301 COURIER- 16-04-0I COURIER- 14-56-25 COUREM-04-16-33 (919)946-6481 (56) (910)486-1541 (53) (910)395-3900(57) FAX 0(919)975-3716 FAX 0(910)486-0707 FAX 0(910)350-2004 Beaufort Bettie Camden Chowan Anson Montgomery Scotland Brunswick New Hanover Craven Currituck Dare Gates Bladen Moore Carteret Onslow Greene Hertford Hyde Jones Cumberland Richmond Columbus Perrier Lenoir Martin Pamlico Harnett Robeson Duptin Pasquotank Perquimans Pitt Hoke Sampson Tyrrell Washington Wayne REVISED 7197 SCHEDULE OF RECLAMATION COSTS 10/16/96 (based upon range of $500 - $5.000 per affected acre) costsdW.bnd COMMODITY CODES: SG = Sand and/or Gravel, GO = Gemstone, Borrow = Borrow/fill dirt, CS = Crushed Stone, DO = Dimension Stone, FS = Feldspar, MI = Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine, KY = Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other Type T/S Ponds S.Piles W.piles P.area/H.R. Mine Excay. SG, GS, $500/ac. (L) $1800/ac. $2000/ac. $1800/ac. $500/ac. (L) Borrow 1500 (FI) 2000 (PD) CS, DS, 500 (L) 1800 2000 2000 500 (L) FS, MI, 1500 (FI) 2500(PD) LI, PF, OL, KY PH 1000 (L) 2500 5000 5000 2000 (L) 2500 (FI) 5000 (PD) CL 1000 (L) 2500 5000 5000 2000 (L) 2500 (FI) 3700 (PD) PE, AU, 1000(L) 2500 3000 3500 2000 (L) TI, OT 2500(FI) 5000 (PD) (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage and revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED IW THIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program Land Quality Section P.O. Box 27687 Raleigh, North Carolina 27611 ALL ESTIMATES MUST INCLU E THIS-FOLLOWING AS A MINIMUM; - FINAL GRADING COSTS PER ACRE - LIME AND FERTILIZER COSTS PER ACRE - YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) - MULCH AND ANCHORING COSTS PER ACRE ,. - ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. 200 copies of this public document were printed X a cost of$102.56 or$.51 per copy. 7197 DEPARTMENT OF ENVIRONMENT,HEALTH AND NATURAL RESOURCE'S DIVISION OF LAND RESOURCES-LAND QUALITY SECTION -22- spp3 � rr � USA Airbill e9 3222583983 r.9 Na i ,020D Recipients'C®py '. D.lir.ry ccmmienem m,v From I ' ' Express Package Service Packages under f5g f8t 'r /� ❑FedFat Priority Overnight ❑FedFx Standard Overnight . Date ..�..T {Hart b.sin.e.mp.ingl Isom heal—eh.—M - FedfA First OvemigM ~r fEmllNMn.rt business momiap tl.IWery lF select lgceli.nsl lNlgh.rr.te..rlhl Sender's I f I�.e� (' c phq„e 1212 Saab-03`.`�6 ❑ edEx 20ey-•- 1 r Q'led Express Sever Kama Isecmah.rm...mrl I Irhirao.nesraar} kdU Laa!Fine mcarrlehk.Mwki C"a."NA n%k----1 1 I,Company ' Express Freight Service Packages overt50lbs S �` ❑FedEADvernigMFreight ❑FedEx20eyFreight . ❑FedFacispressSaverFreight INesth..m.ssdsyl noes dbuem led IUp IQ 7euvn.0 tl.v.l . Address _71r�_5TH� AQ- El 15 _ ___ ,k ' x r' ~" - 1 ICHIl for delivm schedule.See back for datsItild desc6litions of fralght services OePLIFlocr/SuitelRodm Packaging FedEx FedEx FedEx Fed€x Otlrer City NEW YORK Sle NY 21P 10019 ,�Latter ❑Pak ❑flux Tube ❑4kp. Des1.rld W..I--,-SW 1 . ©Your Internal Billing Reference Wormetion Special Handling F —"'—(on.bar m..bechocked) p g s o Does this shipment contain dangeroespoods?e❑NO ❑Yes* '''❑Ye berLx.W rcar.Owl To f• Dry Ice CA[]Cargo AircraftOnl Reci em's r A /� �j �j _ Dry lce,9.UN tNy ka. Y • Name L �tsiZ /r LS /r/� (���r^�ti Phone{• �G �`�� f j J �/ aw.a.cmuerewnr.�nrdnrdE,Pe<h.ora ,. / Payment ❑Obiein Recipient D. V V. � ,V�'r ' N Bill �Sender ❑ ❑ ❑ FedEx Aeeo❑unC Cush/ I= f ^i o Recipient Third Parry Cred'nCard Cashr Company W; ucrn.me..n _� Check BCkhere hmLi Gbaedl E^u'rTdE escaamno.orLntldW dno bah I I• J ��- r�. S`jJL I �fiLl ,� rE crfer2,ide�`e - Address FaF F.Fay N lto'N9LW It F.dE.rocavan.print FedEa Aldle.s h.rel p[/Flaur/SuInt/Room / ,V r C �!� -1 C H State " ' 06 Total Peokages Total Weight Total Oeclerad Value• Total Charges for HOLD at I•edEx Location check here For Saturday Delivery chGA here a .00 5 ❑Hold lAraekdey Hold Sawrda INDI..e.bl..t 10Inaba I late Chs..Nbnreaem.o ell l nion.f IN.t.reil.blr wiN ❑!A.14hIY for Fed P60MyDy.mlDhs ❑IAreg.a.Iw ""Prionry Dnrnight 'Wb.nd.a4I,I,g.4..higne�Nse L10P p.r shipm.atv..ppvaneddti lehuq..So UPMCr hdF.Fast D.,rngbll .ld Wax 2D.y mM .M F.dEr 29-Y only! I CONDmONS.aECFAsrn VALUE.AND UMn OF IIMILItY tsctign for hlr:,.r imonnenon. Credit Card Aldh. _ Release Signature •� r You stgnaaas whorile.Fad.ral rxpossio doW#r ttlin ship- 'r' 1 I.._ mat hout bore b4Mg a e Uses hoerad r x.M edwU �i sad held lwrmhss F.d.rat EApr.0 kcal arty nwkissr srwms. QusstiOrra� 2 8 8 PonD.I.0; ti Call 1'8MGo•FedEx JBOO)463.3339 m1994 Nvu$a. , f8 0 3 2 2 2 5 8 3 9 8 3 004278340 6 0 Terms And Conditions 1" Definitions On this Airbill,'wo,""our"and'us"refer to Federal — if you or the recipient violate any or the farms of our H the recipient accepts your package without noting any Express Corporation,its nmployees,and agents.'You'and'your' Agreement damage on the delivery record,we will assume the package was refer to the sender,its employees,and agents. — for loss or damage to shipments of prehibitad items delivdcad in good candi@an.rer us to preeoss your claim,you Agreement To Terms B loin us our package to deliver, must make the original shipping Cartons and packing available for Y giving Y p S — for loss,damage,or delay caused by events we cannot inspection. you agree to all the terms in our current Service Guide,which is control,including but not limited to acts of God,perils of the available on request. You also agree to thasu terms on behalf of air,weather conditions,acts of public enemies,war,strikes, Right To Inspect We may,at our option,open and inspect any third party with an interest in the package. If there is a civil commotions,or acts of public authorities with actual or your packages before or after you give them to us to deliver, ccrn!hct between the Semuo Guide and this Airbill,the Service apparent authority, Right Of Rejection We reserve the right to teiact a • Guide will control. No one is authwited to change the terms of shipment whan such shipment would be likoly to cause delay or our Agreement. Declared Value Limits damage to other shipments,equipment,or personnel or if its Responsibility For Packaging And Completing •The highest declared value allowed for FedEx Letter and FedEx shipment is prohibited by law,or if Zhu shipment would violate Afrbill You are responsible for adequately packaging your Pak shipments is$5f10. any terms of our Agreement or our current Service Guide. • goods and properly filling nut this Airbill.It you omit the number of •For other shipments,the highest doclarod value allowed is C.O•p"Services C.O.O.SERVICE IS NOT AVAILABLE WITH packages and/or weight per package,our billing will be based or $50,000 unless your package contains items of"extreardinary THIS AIRBILL,if LOD,Service is required,please use a Fedaral our best asrmete of the number of packages we received and/or value,"in which case the highest daclarad value allowed is Express C.O.O.airbid. an estimated"default"weight per package as determined by us. $500. Air Transportation Tax Included A federal excise • Responsibility For Payment Even if you give us different •Items of'extraordinary value"include shipments containing tax when required by the Internal Revenue Code on the air payment instructions,you will always he primarily responsible for such items as artwork,jewelry,Curs,pi ocious metals,nego- transportation portion of this service,if any,is'paid by us, all delivery costs,as wal!as any cost we incur in either taturning 6abfa instruments,and other items listed in our Service Guide. Money-Beek Guarantee In the avant of unrjmaty delivery, your package to you or warehousing it pending disposition. .you me send mere than one ackego on this Airbill and fill in Y p Federal Express wi'd at your request and with same limaotions, Limitativns On Our Liability the total declared value far all packages,notto exceed the$100. refund or credit all transportation charges.Sea current Service • And Liabilities Not Assumed $500 or$50,000 per package limit described above.IExomple: 5 Guide for more information, •Our liabitity for loss or damago to your package is limited to your packages can have a total declared value of up to$250,000.1 in actual damage or$100,unless you declare o higher value.pay that case,our liability is limited to the actual value of the pack- 8,1 additional charge,and dpcument your actual loss in a tnely aga(s)lost or damaged,but may not oxceadthe maximum manna:. You may pay an additional charge for each additional allowable declared valueisj or the total declared value,which- Freight Services There are severe]freight service options, • $100 of deciared vaiue. The doctored value does not constitute, ever is less.You are responsible for proving the actual loss or depending on your transit time needs. nor do we provide cargo liability insurance. damage.P N •FedFx Overnight Freight Next business-day service •In any event,we will not be liable for any damage,whether filing A Claim YOU MUST MAKE ALL CLAIMS IN WRITING to all points in the dA states:rates ore based upon the direct,incidental,special,or consequential in excess of the and notify us of your claim within strict time limits set put in the distance shipped. decia red value of a shipmoM,whether arnot Federal I xpruss currant Sorvice Guide. f Fed Ex 20ay,Frglght:.Socmd businrrss-day service had knowledge that such damages might be incurred including We'll consider your Claim filed if you noofy,oar CustOinsr trail paints inioe 4B states;rates ore based upon the but not limited to loss of income a profits. Service Oepartmant at 1•800•Go•FodEx 10ff0j463*3339 endinaka t distance sfiipp�d. l! •We won't be liable: your claim in writing as soon as possibll.„ v !� r J' , -'Fgdkx E:prsss Saver Freight-lip to 3 business day service 1 Within 90 days after you notify us o1 purplaim; ou must send' — for gars acts or omissions including but not limited to y Y � Y. Y ,',tv till p0inta`In file 48 states;rates are tiased upon the mproeror:nsuKiciant ackin sanurin marirr ,of asahtheinformatronyou have aboutit.We.aruiit'tobllygladle R A 9 B g y distance shipped,. addressingorthase of the recipient or anyone else with an act on any claim until you have paid ag traitsportatipfi charges, t• i .+€ i P Y •. �} ' PNvli'i571iUSLSRw L91 interest in the package and you may not deduct the amount afyeuj,clatmI.m,thosetharges r. � c •,Vw✓• 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 April 28, 1988 Director Mr. Odell Williamson A Marsh Harbour Yacht & Golf Links, Inc. c/o Harman•Assoicates Ocean Isle Beach Shallotte, N.C. 28459 RE: Permit ##10-7 Marsh Harbour Pit Brunswick County ' Dear Mr. Williamson: Your application for renewal of Permit No. 10-7 for Marsh Harbour Pit in Brunswick 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. The new expiration date is April 28, 1998. Please review the renewed permit and advise this office should you have any question concerning this matter. Sincerely, ZV r"`+�/C. Thomas E. Carroll, P.G. Mining Specialist Land Quality Section TF.C/cft Enclosure cc: Mr. Daniel Sams , P.E. P.O. Box 27M7, Raleigh, North Camlina 27611-7697 "Tcle*ine 919.733.033 An Equal Opportunity Alfim►adve Actim Ernpbyer DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF LAND RESOURCES LAND QUALITY SECTION P E R M I T for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Regulation 15 NCAC 5 A, and other applicable laws, rules and regulations Permission is hereby granted to: Marsh Harbour Yacht & Golf Links, Inc. , Marsh Harbour Pit Brunswick County - Permit No. 10•-7 for the operation of a Marl 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. In accordance with the application for this mining permit , which is hereby approved by the Department of Natural Resources and Community Development, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until April 28, 1998. Conditions This permit shall be subject to the provisions of the Mining Act , N.C.G. S. 74-46, et. seq. , and to the following conditions and limitations: 4 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. During mining, a dike shall be installed to deter mine drainage from entering Calabash Creek. G. Adequate mechanical barriers including but not limited to diversions, earthen dikes, brush barriers, silt check dams, silt retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake or natural watercourse in proximity to the affected land. 5. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause offsite damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. . 6. The affected land shall be graded so as to prevent collection of pools of water that are, or likely 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 or right-of--way to prevent caving of that property and to allow grading of the sidealopes to the required angle. 4. 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. 10. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit . Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. i 11. The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $2,500.00 surety bond is sufficient to cover the operation as indicated on the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 12. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. A. The operator shall notify the Department and the Archaeology and Historic Preservation Section, Division of Archives and History prior to the initiation of any mining related land disturbing activity (excavating, grading, stockpiling, road construction, etc.). Authorized representatives of the Department and/or Division of Archives and History shall be granted access to the site to observe the land disturbing activity and determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. APPROVED 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 raining 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 into a boat basin and to grade and revegetate the disturbed land areas adjacent to the boat basin. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The reclaimed boat basin shall be bulkheaded with precut or poured in place concrete sections. h • � V B. The flooded depth of the boat basin shall be sufficient to allow the intended boat traffic. C. All applicable U.S. Corps of Engineer "404" and State Coastal Area Management Act rules and regulations shall apply. D. Any disturbed areas adjoining the mine excavation shall be graded, leveled and either paved for streets and parking or grassed. E. Any slopes not bulkheaded shall be graded to a 3 horizontal to 1 vertical slope or flatter and grassed above the waterline. F. Any stockpile or wastepile shall be removed and the area leveled. G. 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 or buried. H. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: Grasses to be used will be either Centipede, Bermuda, St. Augustine, or Zoysia. Prior to sodding, soil tests will be conducted to determine nutrient and lime needs. Apply lime and fertilizer as recommended and incorporate in the upper 4" of the soil before seeding. In areas Bermuda grass is used, seed at the rate of 2 lbs/1000 square feet. Seed Centipede at the rate of 3 ounces/1000 square feet or it may be sprigged on P spacing. Zoysia and St. Augustine must be sprigged. The area may be sodded with a complete cover grass. Mulch with about 2 bales of small grain straw/1000 square feet if grass is seeded. Use mulch netting or other means of holding straw on slopes greater than 5 (horizontal.) to 1 (vertical). Use shrubbery and trees for landscaping purposes. 4. Reclamation Plan: Reclamation of the affected areas will begin immediately after the mining of the coquina (marl) is completed. Reclamation will proceed in step with the construction of the project and shall be completed within three (3) years. This Permit, issued on April 20, 1983, is hereby renewed this 28th day of April, 1988 pursuant to G.S. 74-52. By StGUl k w1 �i. Stephen G. Conrad, Director Division of Land Resources By Authority of the Secretary Of the Department of Natural Resources and Community Development � f NOTES HAUL ROAD �� I a l 43 I. Overburden not used in filling and grading 2 [` TO rR ll 3 � wilt be moved off-site to a high ground 4eUj I location. _ 14 44 �1= •t a 42 s z_ -1 2. Active mining areas shown in YELLOW Q Stockpiles areas shown in GREEN �45 44 � 45 —� ~ 4-9 40 4-` 42 Q !2 9 43 d Q 4)�\$ 45 ,s 668 88 — ` 'I0 43 � I � x 0 19 '�fw � sn � z5 !fi w s3 r q a!$ E 4F a '� �� 1'J 6 13 7 43 . 14 46 42 f N 3 3g 4 41 35 40 4 4 I PROPOSE- .- M cc x C w 1 h b 4 3 43 2 +6 i 44 4 44 4+ 5 4e _ �r Z t=A h @ L� 37T OCKPI,LEfA 40 CL c 6 AREA w ►- !, 3 34 35 I S OCORTS 4. i t � - Q x I CNN 30 I o � 30 3 5 e 36 4 40 0 4 T ^ - 4 ; 32-�� G 35 . . 31 - 23 45 4 4► 3 .. 35 30 3044, - POOL 47 25 x �t � 29 3Ln 28 35 ! 4 35 3 .r. w 2 � �9 j �\ o x W 27 � 15 - 25 O � 25 J. ,26 39 N S �z GOU RTS 0 _ ��o x 22. o TEN .. � 20 44 ItF 4f 30 tT IB ,G st , ie 5 - 4 4� 4C N Iola 17, 40`. W fE , � � �� ` � •� \ .� •15 . � �`-- ~ I IGH 20 g 40D *4>f 27 67 AC ES �f �2 ��! ~ �� 35 . . � f` 25 FINISH BOTTOM A ! =! ELEV -8.0' to 35 25 , tS �~ t IIZZ ( -5.0' MLW 1 20 LocarloN of 4D' _ � �. f PROPOSED BULKHEAD 36 - (To follow MHW contourline \ 47 `` �/�` �, \! 1 ® G ; except where indicated otherwise) - {-II � r4- ;d E �__ - S n r g� �35 SO i �637 �' a 4` FINISH BOTTOM i 16 39 ELEV - -8.9' S O. I 2D sa 3 .3 a ., o s �1 (-5.0' MLW) lax �.. SLOPE GRADUALLY 44 14 19 TO -11 0' (-8.0' MLW) t5 20 � Q .. e 0 5g0 ALONG EASTERN EDGE 1.3 *Aft \yam ,s a /30 42 15 43 10 ... LL t +j v 4i P 43 3 14 6 44 : �` 46 3 4 - tD � � :. s -j 38 25 44 25 - M a „ . f 5 i 4 z Mk 4.0+ '� M - -3.0 ` / 40 46 47 �13 O C 3 a30 iQ i � y �• U } — EXISTING BOTTOM ,� r a-l2.I ELEVATIONS ° Ip 4 x .)4 • 68 36 S'.- A j4~ ' ti= r 2 4! 9 s• 8 1!+ 4 7 17i � ry Q (3!5 ID is m <n 37 B l 48 Q :7j I �POOL 46 � m 3 7 G v r 06 WALKWAY 14 ACTIVE a 35 cc �. 15 31 15 ? -i M!N/NG �, 30 35 °' 0: � Q 12 786 ACRES �i --�ID 4� (WATER AREA) +-12.7 o / 3d - J d y _PROPOSED . 24 BULKHEAD 7 42 to s. FINISH BOTTOM .45 �r �. ELEV. = -9-0 4 49 (-6.0' MLW) 10 20 40 EXISTING MARL PIT A - s°4 _ 30 / EXISTING EXCAVATION P / 35 1 T_ ( To be dewatered prior to commencement - of mining operations) '' '� 34 - - r I FINISH BOTTOM FINISH BOTTOM ELEV = -11.0' ELEV. = - 10.0 34 37 - _ / cn (-7.0' MLW) ,. - __ ,/ CC (-8.0' MLW) 38 O) w 1 - - 40 39 Q- _ 42 LEGEND 44 : 1'9 Existing Contours 4y4 + -IO.9 }i '� 1 '� 3O ID 15 25 , ® Building No. r mori �+J 1��f 31 -----25--• II .. 111 Q x 35 TRAVERSE o - 45 w Z /y LINE '� 6 4 30 —30— Finish Contours X a w 25 3 r 4W 4 Q J 3 ro -a� 7 r Vertical Datum is 1929 NGVD 1 M Mean High Water "J ~� ID 45 +-2.9 Contourline. _ I$--.` z IQ Q o 40 ry r^ y J Z N 2 I 0 '1: 0 — - 47 0 25 50 t00 150 r 15 35 ..r 4 O 4 20 SCALE - 1"- 50, _j 13 oG POOL 12 C 4F ,. 4 4� Q U a; 1 1 s6 t 14 jA a 3.5 0 G f_ 88 1! 4 _ r., 13 325 _ W CONC R� 16 1 a n f 1 g 20 22 23 l 24 3 25 26 - pe r 29 32 34 36 .r : wig? 4z43 a 45 �r 3 45 , 45 $0 �� hQ oowi _ �s8 srs MON �! 2! 24 am-at (coat, moR: to tong. +non. 27 " 28 &NI f J � 35 - T -- • 33 , c� D r D m D p c c = z o � x A _ x W O o D r n a O m /� m m ,. ° 66 C, ~ a , Z V + g4 ao v\�- 6y,6 z c m 2 \4c ° W ko / _ N N W ° N U � N ° O_ + L4 w \ o c ° -700 Ib 1 o O \ cob O '. f m N Q Q \ `.O m O + 1 m + , ° + I o N c 2 3 N IV / v I O � 0 0 � cx o < ti H D m D ::o _ � o e _ o _ + o D N v o m p b N m C s\u a p r N I ; C) ` cZz OD I o p U — I � chw- � I } + + ° J of t0 m 9D I DI I \ m r W � W m m m 0 I � > O • � � O r � o o � n £ 0 A '� I �W �D I�0 �o N_ a. + + + ♦ O74 4 0 nm 0-4 a 1 � � _l�.• D N Iq by s mr o �. : o b. c> z 0 0• s o ° O V no = � CD d 8 \ \ n 6' to w it \ / w N J 01 ~ x O o _ y o _ 0 3 0 ,o m m a ' o m + � 0 a I v OF \ V O y ° o,c n 0\14O 3 ,o n n I � O lo O J \ + N N { + _ N 3NIlHJl VW � � �� � � o� � � o� � � � �� � � � � � � o� � � � � � � � � � � 3N1 IH:'!I.VW O N U U A U D O r m a O _ g u 0 MCDAVID ASSOCIATES, INC. MARSH HARBOUR YACHT and GOLF LINKS, INC. MINING PERMIT APPLICATION ENGINEERS PLANNERS LAND SURVEYORS CALABASH, N. C. DESIGN JSH DATE JUNE 1982 REVISIONS DRAWN SCALE FARMVILLE GOLDSBORO WILMINGTON BRUNSWICK COUNTY CCO AS SHOWN CHECKED JSH SHEET 6 of 6 -.�v.'�y.r-.v^ — 'Ir-iti.+_..-_ /�T-_h:1 I",4rr•TF• rTr.Vlr`✓"/.'Mti,.T'. y-+rr�.1'••}`y n ✓ r North Carolina Department of Environment, Health and Natural Rewu �=� - - Division of Land Resources, Land Quality Section �u� '��� U � MINE INSPECTION REPORT (PERM TTM NQNE) By /0—D 7 1. MINE NAME W-5 / 2. MINING PERMIT# 3. OPERATOR ) , ) r 4. COUNTY `irrrla- r, kid, 5. ADDRESS 1/ ,- ,Llr / +� PERMIT EXPIRATION DATE 7. Person(s) contacted at site n. Pr_[ K,'4e 8. Was mine operating at time of inspection? ❑Yes ❑No 9. Pictures? -❑Yes ❑No 10. Date last inspected: 1 l_06 11. Any mining since last inspection? ❑ Yes a6 12. Is the mine in compliance with the Operating Conditions of the Permit? El-Y6s []No If no, explain: 13. Is the mine in compliance with the Reclamation Conditions of the Permit? [,-TYes ❑No If no, explain: 14. Did any of the above deficiencies result in offshe damage? ❑Yes ❑No If yes, describe the type and severity of the damage: 15. Corrective measures needed andtor taken: 16. Other recommendations and comments;v - _ y , 17`'Is the Annual Reclamation Report +l- map accurate? p-Yes ❑No (Explain) ❑Not Reviewed 18. Follow-up inspection needed? ❑Yes S'No Proposed date I t 19. No. of additional pages of Inspection Report 20. Copy of Report sent to r operator ! f (date) INSPECTED BY: �r.t^�r ^; I f 111�_ n -- DATE _1 2 l 15:;7_ Phone No: (TKzrj White copy to file Yellow copy to operator Pink copy to Mining Specialist 9/91 State of North Carolina Department of Environment, Health and Natural Resources • • Division of Land Resources James B, Hunt, Jr„ Governor �C Jonathan B. Howes,Secretary C Charles H. Gardner, P.G., P.E. Director and State Geologist November 1 , 1996 Ms. Judi Pridgen Marsh Harbour Yacht and Golf Links, Inc. No. 2 Causeway Drive Ocean Isle, North .Carolina 28469 RE: Marsh Harbour Yacht and Golf Links Pit Mining Permit No, 10-07 Brunswick County Dear Ms. Pridgen: This letter is in response to our telephone conversation on October 31 , 1996. As there is no fee involved with submitting the Annual Reclamation Report (ARR) , I am returning the $50. 00 check your company submitted with the ARR. Your company's permit does not expire until April 28, 1998. You may apply for a renewal of the permit any time during the two years prior to the expiration date. For your information and convenience, I have enclosed a renewal checklist for your use in applying for the upcoming renewal . Also, I have included the forms needed to complete the renewal process. If you have any questions_ concerning this matter, please contact me at (919) 733-4574 . incerely, ,e�, Judith A. Wehner Assistant State Mining Specialist Land Quality Section JW Enclosures Geological Survey Section Land Quality Section Geodetic Survey Section (919)733-2423 (919)733-4574 (919)733-3636 FAX:(919)733-0900 FAX:733-2876 FAX:733-4407 P.O. Box 27687,Raleigh,North Carolina 27611-7687 Telephone 919-733-3833 FAX 919-733-4407 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper /Q ^D7 North Carolina Department of Environment, Wealth, and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME Alt luw , / f e_2(Fitt_ 2. MINING PERMIT# 3. OPERATOR_, n,t I'ra f-y7-; s .. 4, COUNTY 5. ADDRESS d 6. Person (s) contacted at site Ire 7. Was mine operating at time of inspection ? ❑Yes No 8. Pictures? ❑Yes No 9. Date last inspected: I I . 10. Any mining since last inspection ? ,❑Yes Q'No 11. Is the mine in compliance with the Operating Conditions of the Permit ? Yes ❑ No If no.explain: APR 2 _ - , .. 12. Is the mine in compliance with the Reclamation Conditions of the Permit ? 0' es In No If no, explain: 13. Did any of the above deficiencies result in offsite damage ? ❑Yes ❑ No If yes, describe the type and severity of the damage: 14. Corrective measures needed and/or taken: 15. Other recommendations and comments: 16. Is the Annual Reclamation Report+/ - map accurate ? []*Yes ❑No (Explain) ❑ Not Reviewed 17. Follow-up inspection needed? ❑ Yes 0 No Proposed date 1 1 18. No.of additional pages of Inspection Report 19. Copy of Report sent to operator L/ 1 ' 1aL_7L. (date) INSPECTED BY: r, � :'(_ :._1 _ 1 ft� l�r DATE: Phone No: White copy to rile Yelbw copy to operator Pink copy to Mining Specialist eras North Carolina Department of Environment, Health, and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORTW'OPin ��► 1/ -17(PERMITTED MINE) p 1. MINE NAME !e W5 A-/ /-/e 712docrle / 2. MINING PERMIT# 3. OPERATOR rZ . t<)ctt,0L 4. COUNTY I.Sr S. ADDRESS_ fe Cr,rl /-7, T. 6. Person (s)contacted at site a 7. Was mine operating at time of inspection ? [—]Yes No 8. Pictures ? ❑Yes No 9. Date last inspected: ri 1 G /'_//_ 10. Any mining since Iasi inspection ? ❑Yes 'Q�No 11. Is the mine in compliance with the Operating Conditions of the Permit ? ❑Yes ❑ No It no,explain: 7 / / !�/ !7 ♦ i 7 C t i•Lt 5 f' e- r c!e 57Xr f 12. Is the mine in compliance with the Reclamation Conditions of the Permit ? Q Yes ❑ No If no, explain: 13. Did any of the above deficiencies result in offsite damage ? ❑Yes Q No If yes, describe the type and severity of the damage: 14. Corrective measures needed and/or taken: f4 15. Other recommendations and comments: K 16. is the Annual Reclamation Report+/ - map accurate ? [n Yes ❑No (Explain) ❑ Not Reviewed 17. Follow-up inspection needed ? ❑ Yes No Proposed date I I 18. No. of additional pages of Inspection Report 19. Copy of Report sent to operator 1 I / (date) INSPECTED BY: �-< t ( I , ,e--�1�� DATE: Phone No: White copy to file Yellow copy to operator Pink copy to Mining Specialist ease North Carolina Department of Environment, Health, and Natural Resources, Division of Land Resources, Land Ouality Section APOn MINE INSPECTION REPORT (PERMITTED MINE) C 70N 1. MINE NAME d111,,1/ 2. MINING PERMIT# ,�f� ' 7 3. OPERATOR /rr'. _C l� /� I.cJ�r r i i. . v„r s _ 4. COUNTY 1?r, r v►'.r.� r?'Ir 5. ADDRESS < 22 .- Z z ,r r/ r 6. Person (s)contacted at site 7. Was mine operating at time of inspection ? ❑Yes 0 No 8. Pictures ? [:]Yes No 9. Date last inspected: 1 / ,�,-W 10. Any mining since last inspection? Yes ❑No 11. Is the mine in compliance with the Operating Conditions of the Permit ? ©Yes ❑ No if no, explain: 12. Is the mine in compliance with the Reclamation Conditions of the Permit? © Yes ❑ No if no, explain: 13. Did any of the above deficiencies result in offsite damage ? ❑Yes QNo If yes, describe the type and severity of the damage: 14. Corrective measures needed and 1 or taken: 15. Other recommendations and comments: 16. Is the Annual Reclamation Report +/ - map accurate ? ® Yes ❑No (Explain) 0-Not Reviewed 17. Follow-up inspection needed? ❑ Yes P No Proposed mate i I 18. No.of additional pages of Inspection Report /2 19.Copy of Reporl sent to operator .--) (date) INSPECTED BY: l�/a_2rl I. l 11' DATE: Phone No:(f r) ) I S C - '/ /, White copy to file Yellow copy to operator Pink copy to Mining Specialist 8Y69 State of North Carolina Department of Environment, Health and Natural ResourcesA[ Division of Land Resources James B. Hunt,Jr., Governor AdolmdeboNdK Jonathan B. Howes, Secretary Charles Gardner, P.G., P.E. Director and State Geologist July 7 , 1993 Ms. Judi Pridgen Ocean Isle Reality Company Ocean Isle Beach Shallote, NC 28459 Re: Marsh Harbour Pit Permit No. 10-07 Brunswick County Dear Ms. Pridgen: This letter is in response to our telephone conversation on July 1 , 1993. A review has been completed on your renewal, request for Mining Permit No. 10-07 for the Marsh Harbour Pit in Brunswick County. The Marsh Harbour Pit cannot be renewed at this time because the mining permit does not expire until April 28, 1998. The renewal period for the mining permit is April 28, 1996 to April 28 , 1998 . Please find enclosed a copy of the mining permit as you have requested. The expired permit you have copied and sent to this office appears to be from the Coastal Resources Commission. I have contacted the Wilmington Regional Office concerning this matter and you may wish to contact the following individual . concerning the expired permit: Mr. Bob Stroude Coastal Resource Management 127 Cardinal Drive, Ext, Wilmington, NC 28405-3845 I am returning the documentation you have submitted to this office as per your request. I regret to inform you that the fee you have submitted is non-refundable. Geological Survey Section Land Quality Section Geodetic Survey Section (919)733-2423 (919)733-4574 (919)733-3836 FAX:(919)733-0900 FAX:733-2876 FAX:733-4407 P.O. Box 27687,Raleigh,North Carolina 27611-7687 Telephone 919-733-3833 FAX 919-733-4407 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper Page Two Ms. Pridgen Please contact me at (919) 733-4574 if you have any questions. Sincerely, udith A. Wehner Environmental Technician Land Quality Section Jw cc: Mr. Dan Sams Mr. Bob Stroude Ocean Isle Reafty Co. Ocean Isle Beach Telephones: Shallotte,North Carolina 28459 ODELL WILLIAMSON Office:(919)579-6222 Owner/Developer Home:(919)579-6555 May 11, 1993 P(�,9 ,V,I��., .01 State of North Carblina s�CT!0 Department of Environment, 41 Health, and Natural Resources, Land Quality Section P. 0. Box 27687 Raleigh, Worth Carolina Re: North Carolina Mining Permit Permit Number 74-82 Dear Sir: In reference to the above permit, we request renewal of this existing mining permit fora period not to exceed ten (10) years. There has been no reclamation conducted in 1992 and is not subject to continued use in future mining related activities. Continued stockpile of removed materials is the only activity at the site, and there are not any other activities anticipated at the site at this time. Additionally, there are no new acreage that has been affected in 1992, nor do we anticipate any new acreage to be affected for 1993. Enclosed please find our check in the amount of $50.00 for the renewal fee along with a copy of our existing permit. Should you have any questions regarding this renewal , please contact me ASAP in order for us to have a permit in continued compliance with your office. Sincerely, Judi Pridgen Office Manager JP Enclosure REAL ESTATE • SALES a RENTALS • OCEAN/CANAL AND WATERWAY PROPERTY Ocean Isle Reafty Co. Ocean Isle Beach Telephones: Shallotte,North Carolina 28459 ODELL WILLIAMSON Office;(919)579-6222 Owner/Developer Home:(919)$79-6555 yr May 11, 1993 p��r/ �l•�t:r,J, y ly ' S State of North Carolina ����' Department of Environment, Health, and Natural Resources, Land Quality Section P. 0. Box 27687 Raleigh, North Carolina Re: North Carolina Mining Permit Permit Dumber 74-82 Dear Sir: In reference to the above permit, we request renewal of this existing mining permit for a period not to exceed ten (10) years. There has been no reclamation conducted in 1992 and is not subject to continued use in future mining related activities. Continued stockpile of removed materials is the only activity at the site, and there are not any other activities anticipated at the site at this time. Additionally, there are no new acreage that has been affected in 1992, nor do we anticipate any new acreage to be affected for 1993. Enclosed please find our check in the amount of $50.00 for the renewal fee along with a copy of our existing permit. Should you have any questions regarding this renewal . please contact me ASAP in order for us to have a permit in continued compliance with your office. Sincerely, Judi Pridgen Office Manager JP Enclosure REAL ESTATE • SALES • RENTALS • OCEAN /CANAL AND WATERWAY PROPERTY i X Permit Class Permit Number 4th RENEWAI. 74-52 STATE n .NOR�. �CARDiE.INA Department of EQylt�t Natural Resources ` • ref~ . ' ''T� .. • . X Major Develofomental Concern f pursuant to N� $E ?*3�1,�" ;�, . r Vk Excavation and/or Eil4 puisu dt to NCG5113-229 ' „ Issue to M h: n r c r d authorizing dev lopment in _3.,-,in-,wick xmnty 1 abash. Cree a arsh H rb ur u� tadI 1 82 nc udi 5 Id!3 dated r� s r I i t 1 s re. f i T.—dated l i and rev na a 24 a t This permit,iss ed on , is subject to compliance with the application(where consistent with Ote permit ,all applicable regulations,special conditions and notes set forth below. Any violation of these terms may be subject to a 11 >i' prisonment or civil action;or may cause the permit to be null and void. This renewal must be attached to the permit issued -on 11/21/88, ald be available on site when Division personnel inspect the project for compliance. All conditions and stipulations of , 4e 11/21/88 transfer/renewal apply - to the project under this r newal . This perm action may be appealed by the,pertnittee or Signed by the authority of the Secretary of DEHNR and the other qualih d persons within twenty (24) days of the Chairman of .e Coastal Resources Commission. issuing date. appeal requires resolution prior to work initiation or n nuance,as the case may be. This pee it ust be accessible on-site to DepaMent personnel w en the proJect is inspected for compliance.. An mai tenance work or project modification 'not ogef N.a cter,Director Y p j Division of Coastal Management covered he n&r reor+es further Departmental approval. All work ust cease when the permit exp-yes on This permit and its conditions are hereby accepted. "aalvIt A993 - -- ln lssuin this permit,the State of North Carolina agrees that your p oject is consistent with the North Carolina Coastal tvI Bement Program. Signature of Petmittec t 1 THIS CHECX IS OELIVEFIEO IN CONNECTION WITH THE FOLLOWING ACCOUNT(S) ATEAmouwucb MR. OR MRS. ODELL WILLIAMSON 12406 auector NO. 2 CAUSEWAY 86.82Z1531 OCEAN ISLE BEACH, NC 28469 ZY PAY TOTH .ORDERER OF OF OR DOLLARS UNITED CAROLINA BANK SHALLOTTE•N.C.25M FOR I n �.. e'er r"'•`�'.� �tt.-,rx,.-e.ys'`+ .�� . .- ,. 'Y .. ^- "1 .. _ DATE TO ASSISTANT DATE TO SUSAN ' LOGGED IN 1VIINNG CHECKLIST FOR ROUTING Company _/'►�,grs� /4n"AK Yft-cAf ^ t"AProject Name 074#%1 1-4.. Permit No. L0-0 , County Date Received Reviewer Rek Please make copies of check to include with Central Office and Field Office files and log in checks. * ❑ New D Renewal ❑ Modification ❑ Transfer ❑ Release ❑ Additional Information �.❑ Fee Needed ' Please route to: Field Office Date Routed ❑ Wildlife Resources Commission Date Routed * ❑ Archives and History Date Routed ❑ Other: Date Routed Suspense Date for comments: 4-11 -13 (Date received +30 days, not on weekend). ElPlease note the following: a *SUSAN: Please make file and return Checklist and file to Reviewer White Copy to Field Office Yellow and Orange Copies to File Pink Copy to Susan North Carolina Department of Environment, Health, and Natural Reso f(Ce(►'El VED Division of Land Resources, Land Duality Section MINE INSPECTION REPORT JUN 51990 (PERMITTED MINE) LAn nIr AL)TY SECTION 1. MINE NAME ji, 5 <,- c/f. = /T /�.c✓�sl'e.2. MINING PERMIT# 1r — 3. OPERATOR/J4-t t•,/, 4. COt1NTY �lL� 7 ur7 5. ADDRESS_ rCi� „ r�. t.rr.ffFi�A 6. Person (s)contacted at site F, ,�• �,�- �,�: - r,r. .a XI , ~' 7. Was mine operating at time of Inspection 7 ED Yes No 8. Pictures ? [:]Yes =C No 9. Date last inspected:Set 10f,'11 4 10. Any mining since last inspection 7 E@'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 ? `M Yes ❑ No It no, explain: 13. Did any of the above deficiencies result in offsite damage ? ❑Yes �No If yes, describe the type and severity of the damage: 14. Corrective measures needed and/or taken: 15. Other recommendations and comments: / _ r 16' Is the Annual Reclamation Report+/ - map accurate ? ❑ Yes ❑No (Expl in) ❑] Not keviewed 17. Follow-up inspection needed ? Yes ❑ No Proposed dale 1B. No.of additional pages of Inspection Report 0 19. Copy of Report sent to operator�ld5l�. (date) INSPECTED BY: `/! DATE: Z- 4 Phone No:('r-Iq) %�/� -! I„ ! White copy to rile Yellow copy to operator Pink copy to Mining Specialist eraq State of North Carolina Department of Natural Resources & Community Developm/t Division of Land Resources ��`r 9�y Lana Quality Section ANNUAL RECLAMATION REPORT North Carolina General Statutes 74::95 and e Mininq Ptegulations require that "The mine operator shall, by February 1 of each year during the life of the permitted operation, and within 30 days of cxmpletion 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 Marsh Harbour Yacht Name of Mine Ancl Links Pit County T;njnj:zk,;ric Permit Number Name of Capany/Owner ��h-�T��-�ll� to _fntf Tjnlrc' Tnr-- .� .! �... Official Mailing Address Zip Code Telephone ( ) 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 1988 calender year and locate each area on your updated mine map. (A) TAILINGS PONDS: acres. (D) MINE E CAVATION: acres, (B) WASTE PILES: acres. (E) PLANT AREA: acres. (C) STOCKPILES: acres. x _ Check here if no new acreage affected in 1988. 3. Estimate by category the amount of new acreage to be affected by mining activities in the 1989 calender year and locate the outline of each area on you: updated mine crap. (A) TAIL MS PONDS: acres. (D) MINE E=VATION: acres. (B) WASTE PILES: acres. (E) PLANT AREA: acres. (C) STOCKPILES:: acres. Check here If no new acreage is to be affected in 1989. 4. List by category the total amount of disturbed and unreclaimed land present at this site at the end of the 1988 calender year. (A) TAILINGS PONDS*- acres. (D) MDtE EXChVATIaN: acres. (B) %%STE PILES: acres. (E) PLANT AREh: acres. (C) S70MILES: acres. (comm;ED'ON RE.VFRSE SIDE) NOTE: WASTEPILES should include overburden storage/disposal areas and berms. S. List by category the amount of land that has been o mpletely reclaimed in 1988 and is not subject to continued use in future mining related actives. Briefly describe the reclamation work oanduatad and indicate if you wish to have any of these areas released from your -current banding requirements. Accurately locate the outline of all such areas an your updated mire map. (A) TALUS PCND6: acres. Explain: Release Mlws : Yes (B) WASTE PILES: acres. Explain: Release Requested: Yes No (C) STOCKPILES: acres. Explain: Release Requested: Yes No (D) MINE EXCAVATION: acres. Explain: i Release Requested: Yes No (E) PLANT AREA acres. Explain: Release Requested-. Yes No X Check here if no reclamation conducted in 1988. Person responsible for reclamation) (please int) s Signature of company officer or owner: (Z�v 111�� CONTINUED STOCKPILE OF RE' MrFD �ATFRTALS IS TT�' ONMY ACTTVITY AT TM7 STTF. Title: ANY OTHER ACPIVITT.ES ARE NToFP RWICI PAT ET3. Date: JMTE 2,1989 Complete and return by February 1 two copies of this fd= ala:g With twD capfes of are updated mine map to: Land Quality Section D-NRCD P.O. Box 27687 Raleigh, N.C. 27611-7687 FAIL M TO FILE THIS FORM BY THE DATE SPECIFIED MAY MMT M THE ASSF� SSI*T CF CIVIL PENALTIES AMID COULD EVEN MMMT IN THE REVOCATION OF YOM MnT M PERMIT. 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 May 22, 1989 Stephen G. Conrad William W. Cobey, Jr., Secretary Director . CERTIFIED MAIL RETURN RECEIPT REQUESTED NOTICE OF VIOLATION OF MINING PERMIT Mr. Odell Williamson Marsh Harbour Yacht & Links Ocean Isle Beach, NC 28459 RE: Marsh Harbour Yacht & Links Pit -- Permit No. 10-07 Dear Mr. Williamson: This is to inform you of a violation of your mining permit issued to you and/or your firm. It has been determined that the operating condition of your mining permit which states that 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 is being violated. You were reminded by letter dated January 1, 1989 frcan Mr. Charles Gardner, Chief, Land Quality Section of the requirement to file an Annual Reclamation Report (ARR) for the 1988 calender year. You were forwarded two copies of the report form at that time. This Report is required by G.S. 74-55 and Rule 5B.0010 of The Mining Act of 1971 for all mines under permit whether they are active or inactive, but not released. On February 23, 1989 you were advised by a First Notice that no Report had been received by this office by the February 1, 1989 deadline. You were given until March 15, 1989 to file a late Report, thereby precluding the initiation of any enforcement action. However, as of the date of this Notice of Violation, no Report has been received by this office. P.O. Box 27687. Raleigh, North Carolina 27611-7687 Telephone 919-733-3833 An Equal Opportunity Affirmative Action Employer r , .SENPER: Complato Items 1 an addition I services ere desiretl,,and complete Items 3 and 4. { Put Your address in the "RETURN TO" Space an th�e1raysnegida. Failure tt,do this will prevent this card from being returned to you. Tho return raceloot t "II! orovl�you �a nern� fo The ngrson `T For eddltlanai fees1the allowing services ere available. ConRult 1: 1 Ler for fans mndL¢t c�bax ea for addltlona!fervlcelfl requested t. how to whom delivered,date,end ed`dressee'a addrm 2. L71�Restrlcted Delivery t($'xtra charge J t t(�'xts!a charge jt 3. Article Ad eaa tl to ,� 4. Afticla N m r � '•T p11��e ■registered © lnsured nlFied GOD Expresa Mall ' gAlways obtain atgnature of eddressrro s ar agent end DATE OELI.VERED" 6. Signa Address 8, A1'drassee'1 Address f�CJNL�Y ff ' requested and fee pard) 1 f: 8. Signature—Agent 7, Date o1 De c5u-' PS Form 3811, Mar. I9$7 + V,S,p.P.O. t9a7•t7&268 , DOMESTIC RETURN RECEIPT. May 22, 1989 Page 2 in order to correct this violation and gain compliance with The Mining Act of 1971 and the conditions of your mining permit, you must file two (2) copies of an updated mine map and the enclosed Report for each mince site listed above by June 30, 1989. Failure to file copies of the Report and map by this deadline may result in the assessment of a civil penalty of not more than one hundred dollars ($100.00) per violation. Each day of a continuing violation shall constitute a separate violation. Continued non-compliance may, under authority of G.S. 74-58, ultimately result in revocation of your permit. The responsibility for understanding and complying with the requirements of the Act rests upon the individuals and firms who are subject to its requirements. Do not hesitate to contact Mr. Thomas Carroll. or Mr. Tracy Davis regarding an,; questions you may have about this matter at (91.9) 733-4574 . Your prompt attention to this matter will be appreciated. Very truly yours, Stephen G. Conrad SGC:TEN se Enclosures cc: Regional Engineers } DEPARTMENT OF NATURAL RESOURCSES & COMMUNITY DEVELOPMENT LAND RESOURCES DIVISION LAND QUALITY SECTION TELEPHONE LOG Sheet Date 3Y13 County Call received all placed 1. Project: c — 2. Conversation with: Aa?- — - tea-✓ c�S 3. Content of conversation: Qo C( " ar SC° 2 S�q Z- e--v O_J '4J6, 412. 6 7Z AlLt4CO - VE c� �1 L�e. �, ei Filled by: • 119 F19 State of North Carolina 'Department of Natural Resources and Community Development Mirnington Regiooal Office 1, \ijrtin, Gjvcrilor Hub jalnic5vn William W. Cobey, Jr., Secretary Regional Manager may 2, L981.t MEMURANDUM TO: Tracy Davis. Assistant Mining SpecLalist FROM: Daniel Sams, Wilmington Regional Engineer RE: Mine Application Vineyard Mine - Ellis Benton (again) - We have visited this site and found that the mine is to be an enlargement of an existing pond. The pond will be widened and deepened. There are some mobile homes and other (possibly) vacation home structures in the general area. Enclosed is a listing of local property owners provided to our office. Most of the lots in question. are . vacate, but some do have habittal stvuctures on them, The pond is at this time not a large containment of water and the source spring is immediately above it. Southeastern Silica Sand Inc. - We have visited this site. Although the location is rural, there are a substantial number of nearby residents. Likewise, the area also has other mining activities and potential mining activities nearby. The site is close to the Cawcaw Canal and is probably in large area of- U.S. Army Corps of Engineers jurisdictional wetlands. We need a more detailed map to evaluate the site potential for erosion control problems. We will await that map. Marsh Harbor Yacht Club Pit - Although the pit (marina) itself is under new ownership, we cannot consider it suitable for release. However. in an effort to make permitting its reclamation simple, we will require the new owners to make Sedimentation and Erosion Control flan application to assure that the site is adequately protected now and reclaimed in due course. Mr. Williamson's maul stockpile still exists and should remain under permit and bonded. DES/ds 7225 Wrightsville Avenue, VAImingron, N.C.28403-1696 -Telephone 919-156-4161 An Equal Opportunity Affirmative Action Employer 4 1• ' 51 Art State of North Carolina Department of Natural Resources and Community Development Division ill Lin[l Re$QlSi-lC] 512 North Salisbury Street • RalO&4i, North Carolina 27611 James G. Martin, Governor Stephen G. Conrad William W. Cobey, Jr., Secretary Director April 24, 1989 - Mr. Fred Beall Helomer Development Company 1004 Highway 17 South North Myrtle Beach, S. C. 29582 RE: Marsh Harbour Yacht & Golf Links, Inc. Marsh Harbour Pit Mining Permit No. 10-7 Brunswick County Dear Mr. Beall: This letter is to follow up our telephone conversation of April_ 14, 1989 in , regards to the above referenced mine site. Even though your company now owns a majority of the land. previously mined by Mr. Odell Williamson under the conditions of Mining Permit No. 10-7, Mr. Williamson is still responsible for reclamation of this area as the mining permit was issued to him. Responsibility for reclamation can. only be transferred from one -party to another.by officially transferring the mining permit according to G.S. 74-51 of The Mining Act of 1971 (copy enclosed) and not by virtue of sale, lease or assignment alone. Therefore, until-Mr. Williamson removes the large stockpile of coquina adjacent to your property and reclaims the disturbed land areas according to the reclamation conditions of his mining permit, he will be bound to the conditions of the mining permit and his reclamation bond will remain on file with the Department. With respect to the present construction of condominiums on your property, you must immediately contact Mr. Dan Sams, Vlilmington Regional Engineer, at (91.9) 256-41.61 regarding the Reed for an erosion and sedimentation control. plan for this site as required by the Sedimentation Pollution Control Act of 1973 (SPCA) (copy enclosed) . Failure to sittmit and obtain approval from the Department for said plan prior to affecting more than one (1) acre of land will be a direct violation of the SPCA. PO &)a 77687, Raltigh. Norih Carolina 27611.7687 Tekpharm 919.733 3633 An Equal opportunity Affirmative Action Enplowr Please advise at (919) 733-4574 should you have any further questions. Sincerely, TwacyVE. Davis, E.I.T. Assistant Mining Specialist Lard Quality'Section TID:se Enc losurls cc: Mr. Dan Sams, P.E. W. Odell Williamson Helomer Management Company Q D Cleveland Rockf Company Q Clevelan Rock d foror d Company Cleveland Superior Cumpany Cleveland Virginla Company Fred B. Beall Cleveland New Hanover Company Cleveland Wilmington Company "j Property/Asset Manager Cleveland Detroit Company �f 1240 Huron Property Company a n THE HEWMERGR4UP March 30, 1989 VIA 0714WIFIED MAIL 0 Mr. Thomas B. Carroll, P.G. Mining Specialist, Lend Auality Section V. N.C. Dept. of Natural Resources & Community Development . P.O. Box 27687 Raleigh, North Carolina 27611 O� Re: Mining Permit Number 10-7 Marsh Harbour Yacht & Links Pit Calabash, North Carolina RELEASE FROM PERMIT Dear Mr. Carroll: Telephone discussions with Mr. Tracy Davis and Mr. Dan Sams of your office prompted this letter requesting release of the mining permit referenced above. No mining activities have taken place on the property for nearly two (2) years and we believe reclamation will be found to be completely satisfactory. The site has been converted into an attractive marina catering to the recreational boater. For your information, the property has changed ownership from Mr. Odell Williamson, under whose signature the permit was issued, to the present owner and president of our company, Mr Charles B. Kronenwetter. Mr. Williamson owns contiguous property on which a rather large stock-pile of coquina, removed from the pit, is currently stored, but this material is in no way controlled by us nor does it lie on any of our property. Should you have any questions, please don't hesitate to call. Sincerely, Fred B. Beall HELOMER DEVELOPMENT COMPANY /drb cc: C.S. Kronenwetter Bill Halasz Tracy Davis Dan Sams 1004 tfiGHWAY 17 SOUFH e NORTH MYRTLE BEACK SOUM CAROLINA 29582*'FAX(803)272-1198•(803)272-8888 i r i CIF Fi5T Pil.'1'si O A f V r� "I"F"v III 'i 1 1 f 111 11 11-1 toy, 1 1'•lr,l,tf!'] i .r: 1 � Hall-: L: JJ, .t .,,• .1, . . JI �. ! :I GI '�f / if{ a r r•i� �''I � r ilt�, 1 .{ .F '.1 , - 1. . ' r 'J [ ! t'J' ,.. IlJ i It: .• ..:� �1 .. ! �! \trit .., . 7 1� r •' r ... .. ..�3 ' .. I�1 'J � 3 . .! r 1 ! 1 1 11.. .•5 1 . �11 .. !�'�� `- Ji^ Irl,. i;•li.. 1': /e Jlfr�lFll.l� � i•:1! I i I :,, I (' ,t �' 3 t[,'i1, �1J,:!„ 1,1' li "1 Ilr''.. I 1 .7.i '• " , .`F :! It r 1 r ,� - r '.alnr . .�-,.J.1w Irilll { .r..rxt i 1 !m: i ;L .� eae i�' r.z., I { r. 1�' rr'1 lJr. i\J•, ral .'[rll� J_I;tt:;J . :1jvt7 13t:.:fs1.J li! .i 3 ili L..i i.a• •,i.(a ..l:J. ,� 'L. .. '] i, 1 :'1' .. .j :L[lli .. •'!'.... � . ,rl, j - J. .1 'l 1. r ! I ;.Ir < 'r r h ' lllr • 1. r .'� a• ''1 ",141r s;s.l'i�;tll if„ { ' .1 rl [31 r� ::qll-.i Ilf.\i Helomer Management Company Q D Cleveland Carolina Company Cleveland Rockford Company Q Q Cleveland SuperVirginia Company Cleveland VErgin[a Company0 Fred B. Beall Cleveland New Hanover Company n PropertyJAaaet Manager Cleveland VVilmiDetroit ton Company Q Cleveland Detroit Company 1240 Huron Property Company a rR I E HELOM ERGROUP March 30, 1989 VIA CERTIFIED MAIL Mr. Thomas E. Carroll, P.O. Mining Specialist, Land Quality Section N.C. Dept. of Natural Resources & Community Development , P.O. Boat 27687 u' Raleigh, North Carolina 27611 %y � Q Z rn t9 Re: Mining Permit Number 10--7 Marsh Harbour Yacht & Links Pit �2 Calabash, North Carolina RELEASE FROM PERMIT Dear Mr. Carroll: Telephone discussions with Mr. Tracy Davis and Mr. Dan Sams of your office prompted this letter requesting release of the mining permit referenced above. No mining activities have taken place on the property for nearly two (2) years and we believe reclamation will be found to be completely satisfactory. The site has been converted into an attractive marina catering to the recreational boater. For your information, the property has changed ownership from Mr. Odell - Williamson, under whose signature the permit was issued, to the present owner and president of our company, Mr Charles E. Kronenwetter. Mr. Williamson owns contiguous property on which a rather large stock-pile of coquina, removed from the pit, is currently stored, but this material is in no way controlled by us nor does it lie on any of our property. Should you have any questions, please don't hesitate to call. Sincerely, Fred B. Beall HELOMER DEVELOPMENT COMPANY _ /drb cc: C.E. Kronenwetter Bill Halasz Tracy Davis Dan Sams ION HIGHWAY 17 SOUTH•NORTH MYRTLE BEACH,SOUTH CAROUNA 29582•FAX(803)272-1198•(803)272.8888 DEPARTMENT OF NATURAL RESOURCSES & COMMUNITY DEVELOPMENT LAND RESOURCES DIVISION LAND QUALITY SECTION TELEPHONE LOG Sheet Date 4 /4 r County .lx3 // Call received Call placed ✓ 1. Project: 4644 I/ r� ��"7 2. Conversation with: IA d4;1 v 3. Content of conversation: ($ )�7Z'88� ✓n� la�i '"- iZ•�G�" -f'u.c� per'". q�i lZ•— � /� � Filled by: S/ l � � r � r rl f • i .. AR / r 34MAMP"MAl �tmwj/Ai: 1 I r "14 --wwwwror i - 7 111 11 5x o zoo -EM�l r r l / /, / i DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF LAND RESOURCES LAND QUALITY SECTION P E R M I T for the operation of a mining activity In accordance with the provisions of G. S. 74-46 through 66, "The Mining Act of 1971", Mining Permitting Regulation 15 N.C.A.C. SB,.and other applicable laws, rules and regulations Permission is hereby granted to; Marsh Harbour Yacht & Golf Links, Inc. permittee for the operation of a Marl pit entitled, Marsh Harbour Pit permit no. 10-7 and located in Brunswick County, 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. i r 1 ' 2 Of 5 i In accordance with the application for this mining permit, which is hereby approved by the Department of Natural Resources & Community Development, here- inafter referred to as the Department, and in conformity with the approved Recla- mation 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 Reclmation 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 perrittee's successor is not complying with the Reclamation Plan or other terms and con- ditions 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. 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 April 20, 1988 and shall be subject to the provisions of the Mining Act, N.C.G.S. 74746, et. seq. , and to the following conditions and limitations: • 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 contaminant emissions shall be subject to the permitting requirements and regulations promulgated by the Division of Environmental Management. 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. During mining, a -dike shall be installed to block mine drainage entry into the Calabash Creek. 4. Adequate mechanical barriers including but not limited to diversions, earthen dikes, brush barriers, silt creek dams, silt retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land distur- bance 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, device.s-.or structures sufficient to restrain such erosion. 5. The affected land shall be graded so as to prevent collection of pools of water that are, or are likely to become, 'noxious or:foul . Necessary struc- tures such as drainage ditches or conduits shall .be constructed or installed when required to prevent such conditions. 7. 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. 8. 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. 9. The security which was posted pursuant to N.C.G.S_74-54. 1"n the form of $2,500.00 surety bond is -sufficient to-2cover the pit 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 E bonded acreage. F - yrv� 4of5 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 term 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 uncon- solidated 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. A.11 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 N.C. Agricultural Experiment Station and the N.C. Forest Service. b. 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, initiation of 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 into a' boat basin and to grade and revegetate the disturbed land areas adjacent to-,the boat basin. , 2. The specifications for surface gradient restoration to a surface suitable fbr the planned future use are as follows: A. The reclaimed boat basin shall be bulkheaded with precut,or poured in place concrete sections. 5of5 B. The flooded depth of the boat basin shall be sufficient to allow the intended boat traffic. C. All applicable U.S. Corps of Engineer "404" and State Coastal Area Manage- ment Act rules and regulations shall apply. D. Any disturbed areas adjoining the mine excavation shall be graded, leveled and either paved for streets and parking or grassed. E. Any Slopes not bulkheaded shall be graded to a 3 hortizontal to 1 vertical slope or flatter and grassed above the waterline. F. Any stockpile or wastepile shall be removed and the area leveled. G. 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 or properly buried. H. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan Grasses to be used will be either Centipede, Bermuda, St. Augustine, or Zoysia. Prior to sodding, soil tests will be conducted to determine nutrient and lime needs. Apply lime and fertilizer as recommended and incorporate in the upper 4" of the soil before seeding. in areas Bermuda grass is used, seed at the rate of 2 lbs/1000 square feet. Seed Centipede at the rate of 3 ounces/1000 square feet or it may be sprigted on 1 ' spacing. Zoysia and St. Augustine must be sprigged. The area may be sodded with a complete cover grass. Mulch with about 2 bales of small grain straw/1000 square feet if grass is seeded. Use mulch netting or other means of holding straw on slopes greater than 6 (hori- zontal ) to 1 (vertical ) . Use shrubbery and trees for landscaping purposes. 4. Reclamation Plan Reclamation of the affected areas will begin immediately after the mining of the coquina (marl ) is completed. Reclamation will proceed in step with the construction of the project and should be completed within three (3) years. Permit issued this the 20'� day of 19 $J . By: Stbphen G. Conrad, Director Division of Land Resources By Authority of the Secretary of the Department of Natural Resources and Community Development DEPARTMENT OF NATURAL, RESOURCSES & COMMUNITY DEVELOPMENT LAND RESOURCES DIVISION LAND QUALITY SECTION TELEPHONE LOG Sheet ��11 Date T u County uHr7� Call received Call placed 1. Project; 2. Conversation with; 2 �ld 3. Content of conversation: ^� //� 2-/JUDO Filled by: ;�� Speed letter. To _ /,,, ..? vrs�S .._ ... From Y �ILEiIS 0,� Subject ,rif, 66,14 64 r-Ics —No a raroa - MESSAGE Z-Af — _( //-fir C�-�-- GL4' S.4P- v ,e 44 44, e- Q •�-- i rt3LeCS' �� Date ¢ $8 Signed ��...� REPLY —No 9FMO —No:04'6La Date Signed WiisonJones CRAYUNE roRM 44-W2 3,PART - cigm.FlAINTED IN USA. SENDER—DETACH AND RETAIN YELLOW COPY. SEND WHITE AND PINK COPIES WITH CARBON INTACT. 1. State of North Carolina Department of Natural Resources and Community Development Division of land Resourti 512 North Salisbury Street « Raleigh, North Carolina 27611 James G. Martin, Governor Stephen G. Conrad S. Thomas Rhodes, Secretary March 21, 1988 Director Mr. Odell Williamson Marsh Harbour Yacht and Golf Links, Inc. #2 Causeway Ocean Isle Beach, North Carolina 28459 Re: Marsh Harbour Pit Permit No. 10-7 Brunswick County Dear Mr. Williamson: According to our records, your mining permit for the above referenced mine expires on April 20, 1988. G.S. 74-52 provides that the permit. may be renewed at any time during the two years prior to its expiration. The standards to be applied in renewing a permit shall be the same as those for issuing a permit. To apply for permit renewal, it is not necessary to resubmit information which has not changed since the prior application, provided the applicant states in writing that such information has not changed. I am enclosing a copy of the application- form in case you wish to change the mining or reclamation plan. Two copies of an updated mine site plan showing the area to be permitted for the- next period (up to 10 years) are required. All permits for unreclaimed sites should be renewed. Thank you for your cooperation. Very -truly yours, Charles H. Gardner, C.P.G. ,P.E. Chief, Land Quality Section CHG/TED/sl Enclosures- cc: Mr'. Dan Sams,— P.E. P.O. Box 27697, UnRh, North Gmlina 27611.7687: Tekphonc 919-733.3833 An Equal Opportunity Affirmative Action Employer MEMO . O DATE: 6 TO. 1 SUBJECT: ro SIP �� ^Q North Carolina Department of Natural Resources &Commurnty Development I X- + LUZ i 04 fA!j au Z, 3^0 1= uw Im 7 INN LU.1 kuL b P aI-V I % J hiwbwpo� L JAL till LW 3 talk 4D4 1 <o '17v Lul ♦ Lm % LIU .9 jut 1.0 LP 0 0 p Lim 4, CIL im % RI YE ,ryLW Ilk Iti d� 0 1 uw LOA L.4 Oakt7yyUU LIU WIL % c, Lm Im 't, 33-S 0 Wd r04 C, ILR Cl paim uu MATCH U AL NE A 3 BUZZARD — RJyL? Uil� 0 c —OCLAK—I—Ski KAtm for.74 ad BALD 1-1 READ—70 NIUCO —1—72 Is"OL'LANDm C, 4 � � - �' 1 rn � � Q� � � 1 �� n � F � � � � � �- � g �- � � �, a r� a v, �� � v� �� � � e �� � Q 3 � g>� � F_ n o N x a n N o 9 � _i_ -¢,- � � � I a i Ocean Isle Realty Co. OCEAN INLE BEACH SHALLOTTE. N. C. 20459 TELEPHONES: OFFICE 919 579.OZ22 'ODEL ILMSON HOME 919 579.6556 DWNE� A�►EVELOPEA 7 � April 150 1988 Mr. Charles H. Gardner, C.P.G. ,P.E. Chief, Land Quality Section Department of Natural Resources and Community Development P.O. Box 27687 Raleigh, North Carolina 27611-7687 Re: Marsh Harbour Pit Permit No. 10-7 Dear Mr. Gardner: With reference to your letter of March 21, 1988, we do wish to renew the above permit. To the best of my knowledge the information on the original application h.\e not changed and we do not wish to change the mining or reclamati `n plan. Security for this permit i i the amount of $2,500.00 is still on deposit with United Carolina Bask, P.O. Box 308, Shallotte, NC 28459. If further information is requi red, please let me know. i Sincerely yours, I r Odell ixTilliamson President MARSH HARBOUR YACHT & GOLF LINKS, INC. OW/nh REAL ESTATE SALES E RENTAL S • OCEAN--CANAL AND WATERWAY PROPERTY p April 18, 1983 Mr. odell•wj liam130n I Marsh Harbour Yacht & Golf-Lints, mac. C/o Hazman Associates ; P. .o. Bak 21694 � GkQ o�,. North Carolina 27420 . RE. Marsh our Yacht S. Links, IW. Dery Mr. �illiraaeon: fe =Plicati(m for• a � petmit for the Mari H='bOur Pit in `B:nmswick Ommty has been fotia:d to maet the arx4UL Ow*b of G.S - 74--51 of The Mining Act of 1971. Since your aampany has suhaitt�ed a bond sufficient to ommr this _ftadf I am -enclosing the mining pexmit. f The =uSitions of the'mining pm it were bar J lnimarf lY y�On` ,-: infa�amatian supplied in:the apPlicat4 cp with canditf ams added as n��u ,to insure ompliarm with The Mining Aa.G`of 1971. Pleaw nwiew the pendt and--notIfy this off, of .Any cb jectian or question vrr==drq the terms of. the putt. • Jaliei-D. SIm" C*P.G.S., P.E. Mining Specialist, JDS:Cif oc: . Gerald RLeynak oL 'elampr( j c z W;^ x .fir ' o{ ; f,Togao xanr=tea ;ye bGnq.P Est PTI—?i 9TTO OILIC ; O;,' rti7' OP�cXIPTOU r�u rur �.a�; m-t�i�s ��erc,, i I�,rrti cc;���.�rcua t�i �.rc. s.1;�t3?'�d • t.��: ���- �r���'�U�:�s;s�;jh fY. �}i� Id7TL.R3Ji� F�'a"T.IN�' I , • Y � s ;�oirc4 � c � E► �r SwTq'c'lP > �zu .�xsc;o �Yzu 1 ou TZ' 31-2T OT 'Tor. �. rr,.3 11CIT C11 TDaJ* uc3 horsy t!►'.rjT� �J�.tw bT; TU „rr:�� rrrcr r{ ► �r } ti.0 rtr �= as s,. t Dom= P7-.* MsT V'`dn r. -7pclf'... : vp�z U. con rfl* mac' i¢ Vomn TV I'm , McDAVID ASSOCIATES , INC . AL M— - -h ENGINEERS * PLANNERS*LAND SURVEYORS INC. . HOME OFFICE•120 NORTH M41N STREET•P.O, DRAWER 49,FARMVILLE, N.C, 27828- (919)753-2119 V 109 EAST WALNUT/PO BOX 1776,GOLDSBORO, N.C. 27530 • 20l NORTH FRONT/P.O.BOX 1168,WtLM(NO TON,N.C.28402 6OL056ORO PH. (919)736.7610 • WILMINGTON PH. (919)762-4165 I June 29, 1982 I 1 Mr. Jerry Kraynak Regional Engineer, Land Quality Section 0EC'A SIR a7.OH N.C. Dept of Natural Resources 7225 Wrightsville Avenue &OW71 ` Wilmington, N.C. 28403 i; Subject: Mining Permit Application Marsh harbour Yacht and Golf Links, Inc. Brunswick County G��4G•a Dear Mr. Kraynak: +AaRrLaNO Please find attached two (2) copies of subject mining permit rFxruc�t application and supporting documentation. We briefly discussed the scope of this project by telephone, as you will remember. ata6aMa If at all possible, we would appreciate your early attention ,lRGi�tt to .this matter. We expect to begin construction of this project on I or before August 1 . TE�NESS'F � If you have any questions, please let me know. vi$$i55fo?! Sincerely HEX JEP.Er I , ' McDAVID ASSOCIATES, INC. JSH:cd Joseph S. Hill , Jr. , R.E. cc: John Harmon Wilmington office enc. i i t' �t i PFG,EICRE✓ P PSONNy L a BALK k:iAV1";.JF PE.D - S 1 ALBE47 41 F t:h'F rYVeCGL { . 5 E State of North Carolina REc Department of Natural Resources & Community Asvelo I VED Division of band Resources 2 Land Quality Section j A N N U A L R E C L A M A T I O N R E P O R T _ "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." Regulation -No. 5B4O010 The Mining Act of 1971 Name of Mine Marsh Harbour Yacht & links Pit Permit Number 10-7 County Brunswick Telephone 919-579-6222 Name of Company Marsh Harbour Yacht & Golf Links In Mailing Address c/o Odell Williamson% 2 Cau e 1. If mine is now inactive, indicate date of termination of mining. Date 2. Indicate nbw acreage affected by mining in last 12 months. (a) Tailings ponds Acres (b) Stockpiles Acres (c) Waste Piles Acres (d) Mine Excavation Acres TOTAL . , . ,. - 2 Acres 3. Estimate the new acreage to be affected by mining in the next 12 months. 1 acre 4. Describe measures taken for erosion control; _ Run-off water goes into the pit where any sediment is left there and only,cleen water pumped out. 5. Indicate amount of reclamation carried out in last 12 months. (a) Tailings Ponds " Acres (c) Waste Piles Acres (b) Stockpiles Acres (d) Mine T Excavation Acres (CONTINUED ON REVERSE SIDE) 6. Describe reclamati carried out in last 12 months. N/A Signature of person responsible for reclamatio!n.PyZdg�Z-Z,/& Title President Date August 22, 1286 Complete and return to; Land Quality Section Department of Natural Resources & Community Development P. a. Box 27687 Raleigh, North Carolina 27611 State of North Carolina Department of `Natural Resources .& Community Developm44#�9 Division of Land Resources Land quality Section 441VG ANNUAL RECLAMATION REPORT k(/rYECT� ON Borth Carolina General Statutes 74--55 and the Mining Regulations require that "The mine ope4�atorshall, by February 1 of each year during the life of the permitted operation, and witiiin:-3O 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." 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 the mining permit. PLEASE PRINT OR TYPE Name of Mine Marsh Harbour Yacht & Links Pit County Brunswick Permit Number 10-7 Name of Company/Owner Marsh Harbour Yacht & Golf minks, Inc. Official Mailing Address c/o Odell Williamson #2 Causeway .Zip Code 28459 Ocean Isle Beach, NC Telephone(919) 579-6222 Check if change of address or telephone 1. (a) If mine is now inactive, indicate date of cessation of mining. Date - (b) Is this stoppage permanent? Yes No. 2. Indicate new acreage affected by mining in last calendar year. (Previous calendar year.) (a) Tailings ponds Acres (b) Stockpiles l Acres (c) Waste Piles Acres` (d) Mine Excavation 1 Acres TOTAL 2 Acres 3. Estimate the total new acreage to be affected by mining in the current calendar year. 4. Describe measures taken for erosion control and locate on updated mine map. Run-off water goes into the pit where any pediment is left there and only clean water pumped out. a 5. Indicate amount of reclamation carried out in last calendar year and delineate each area on updated mine map. (a) Tailings ponds Acres (c) Waste Piles Acres (b) Stockpiles Acres (d) Mine Excavation Acres (CONTINUED ON REVERSE SIDE) r 6. Describe reclamation listed in Item 5 a-d carried out in last calendar year. 4 . N/A +a . Name of person responsible for reclamation (please print) : Signature of company officer or owner: Title: Fresi ent Date: January 27, 1987 Complete and return by February 1 two copies of this form along with two copies of an updated mine map to: Land Quality Section D-NRCD P.O. Box 27687 Raleigh, NC 27611-7687 State of North Carolina 4k Department of Natural Resources & Community Developmenk � t9 Division of Land Resources Land Quality Section ,F ANNUAL R E C L A M A T I ON REP 0 R T C�/O, North Carolina General Statutes 74-55 and the Mining Regulations require that "The mine ope£ator 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." 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 the mining permit. PLEASE PRINT OR TYPE Name of Mine Davis Sand pi ppi ng County _Franklin Permit Number 'Ar,_3 Name of Company/Owner Official Mailing Address N. Zip Code �)7t;4Q Telephone blg ) ggr,_3794 Check if change of address or telephone _X_ 1. (a) If mine is now inactive, indicate date of cessation of mining. Date (b) Is this stoppage permanent? Yes No. 2. Indicate new acreage affected by mining in last calendar year. (Previous calendar year.) (a) Tailings ponds 0 Acres (b) Stockpiles p Acres (c) Waste Piles 0 Acres (d) Mine Excavation 0 Acres TOTAL 0 Acres 3. Estimate the total new acreage to be affected by mining in the current calendar year. 0 4. Describe measures taken for erosion control and locate on updated mine map. Berm alppq river bank 5. Indicate amount of reclamation carried out in last calendar year and delineate each area on updated mine map. (a) Tailings ponds 0 Acres (c) Waste Piles 0 Acres (b) Stockpiles 0 Acres (d) Mine Excavation 0 Acres (CONTINUED ON REVERSE SIDE) 6. Describe reclamation listed in Item 5 a-d carried out in last calendar year. ti Name of person responsible for reclamation (please print) : s Signature of company officer or owner: Title: Date: Complete and return by February 1 two copies of this form along with two copies of an updated mine map to: Land Quality Section D-NRCD P.O. Box 27687 Raleigh, NC 27611-7687 ■rr� d State of North Carolina Department of Natural Resources & Community Develop ent ✓4 Division of Land Resources �/lia �29 Land Quality Section t9/ u !/j`, �Y A N N U A L R E C L A M A T I 0 N R E P O R T AFC T North Carolina General Statutes 74-55 and the Mining Regulations require that "The mine opetator 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." 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 the mining permit. PLEASE PRINT OR TYPE Name of Mine Harris Pit County Franklin Permit Number Name of Company/Owner Wade Moore esgUipment Co. Official Mailing Address Route It Box 612 Louisbur N. C. Zip Code 27549 Telephone(919) 496-3794 Check if change of address or telephone X 1. (a) If mine is now inactive, indicate date of cessation of mining. Date (b) Is this stoppage permanent? Yes No. 2. Indicate new acreage affected by mining in last calendar year. (Previous calendar year.) (a) Tailings ponds 0 Acres (b) Stockpiles 0 Acres (c) Waste Piles 0 Acres` (d) Mine Excavation 0 Acres TOTAL 0 Acres 3. Estimate the total new acreage to be affected by mining in the current calendar year. 0 4. Describe measures taken for erosion control and locate on updated mine map. Silt ponds where needed 5. Indicate amount of reclamation carried out in last calendar year and delineate each area on updated mine map. (a) Tailings ponds 0 Acres (c) Waste Piles 0 Acres (b) Stockpiles 0 Acres (d) Mine Excavation 0 Acres (CONTINUED ON REVERSE SIDE) 6. Describe reclamation listed in Item 5 a-d carried out in last calendar year. Name of person responsible for reclamation (please print) : , Signature of company officer or owner: .. 91L� '�,b &6- �MQ-- - Title: 7U.� u - JAS��n Date: ) - agg © 2 Complete and return by Febrxeary 1 two copies of this form along with two copies of an updated mine map to: Land Quality Section D-NRCD P.O. Box 27687 Raleigh, NC 27611-7687 �F State of North Carolina Iy4 �29 Department of Natural Resources & Community Development�(� Division of Land Resources Land Quality Section sFCr/ A N N U A L R E C L A M A T I 0 N R E P 0 R 'T North Carolina General Statutes 74-55 and the Mining Regulations require that "The mine opefator 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." Failure to file this forth by the date specified may result in the assessment of civil penalties and could even result in the revocation of the mining permit. PLEASE PRINT OR TYPE Name of Mine Kemp's Sand Dipping County Franklin Permit Number 35-4 Name of Company/Owner Wade Moore Equipment Co. , Inc. Official Mailing Address Route 1, Box 612, Louisburg, N.C. Zip Code 27549 Telephone( 919) 496-3794 Check if change of address or telephone X 1. (a) If mine is now inactive, indicate date of cessation of mining. Date (b) is this stoppage permanent? Yes No. 2. Indicate new' acreage affected by mining in last calendar year. (Previous calendar year.) (a) Tailings ponds n Acres (b) Stockpiles -TAT Acres (c) Waste Piles 0 Acres' (d) Mine Excavation Acres TOTAL � 0 Acres 3. Estimate the total new acreage to be affected by mining in the current calendar year. 0 4. Describe measures taken for erosion control and locate on updated mine map. 5. Indicate amount of reclamation carried out in last calendar year and delineate each area on updated mine map. (a) Tailings ponds n Acres (c) Waste Piles 0 Acres (b) Stockpiles 0 Acres (d) Mine Excavation 0 Acres (CONTINUED ON REVERSE SIDE) 6. ' Describe recldmation listed in Item 5 a-d carried out in last calendar year. .1 I Name of person responsible for reclamation (please print) : LJ64.0. Moa?r2 Signature of company officer or owner: DF: % N 2 Title: Date: Complete and return by February 1 two copies of this fo ni along with two copies of an updated mine map to: Land Quality Section D-NRCD P.O. Box 27687 Raleigh, NC 27611-7687 State of North Carolina Department of Natural Resources and Community Development Division of Earth Resources Land Quality Section Application for a Mining Permit G. S. 74-50 of the General Statutes of 'North Carolina, "The ,lining 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. Marsh Harbour Yacht 1. Name of Mine and Golf Links, Inc. County Brunswick 2. Name of Company Marsh Harbour Yacht and Gulf Links, Inc. 3. Home Office Address c/o Harmon Associates, P.O. Box 21694, Greensboro, N.C. 27420 4. Permanent address for receipt of official mail Same as #3 above Telephone 919- 275-8586 5. Mine Office Address Calabash, N.C. Telephone 919-579-6222 6. Mine Manager Mr. Odell Williamson 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 ause for permit revocation. r ` R) *Signature l� Title - Secretsry _ l Date June 18 1982 *Signature of company officer required. f r y � _ '��'��^• ��,�►� �ry� . Ts� .v mot' � ~ � t , APPLICATION FOR A MINING PERMIT A. General Characteristics of .fine. 1. Total acreage at site for -which permit is requested : Acres. owned 4 46 Acres leased 2. Materials mined: Coquina 3. Mining method: Hydraulic Dredge' Underground Shovel and Truck Dragline and TrucEc XX Self-loading Scraper Other G. Present depth of mire Varies from -12', .to +50' (1929 NGVD) See Site Plan 5. Expected maximum depth of mine _ 12':(1929 NGVD) _ 6. Area of previous activity: (Identify these areas on your mine map. ) a. Area of previously affected land at present, site that is inactive and has not been reclaimed: 12.79 acres b. Acres previously reclaimed at present site None B. Determination of Affected Acreage and Bond. 1. Number of years for which permit is requested 5 (10 years maximum). 2. Total affected acreage: a. Area used for tailing ponds acres b. Area used for stockpiles acres c. Area used for caste piles acres d. Area used for processing plants acres e. Area of active mine excavation. 2 acres f. Estimate annual. acreage of new land disturbed by mining - g. Estimate total land disturbed by mining that is See Reclamation Plan subject to reclamation by multiplying Item 2f by 3= 2 acren TOTAL OF 2a through 2g acres APPLICATION FOR A MINING PERMIT 3. Check acreage to be bonded: Total affected acreage figure from B, 2 equals acreage to be bonded. ® 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 operations in North Carolina? Yes ❑ No Check the amount of blanket bond: $2,500 ❑ $12,500 ❑ $5,000 ❑ $25,000 ❑ 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? No significant adverse impact expected, as area has been disturbed. 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 Resources and Community Development. E iration Date b. Is there an air contaminant emission from your mine or plant? Yes ❑ No n If yes, indicate the approval document number issued by the Office of Water and Air Resources, Department of Natural, Resources and Community DevelopmenE. Expieation Dace- -2- APPLICATION FOR A MINING PPR :IT' .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. Not Applicable - Mining excavation will be more than 300' from above listed structures and facilities. 4. Describe measures to be taken to insure against (L) substantial deposits of sediment in stre_i-n beds or- lakes, (2) landslides, (3) acid water pollution. 1 . Areas- to be mined will be closed off to Calabash Creek through the use of a dam until project is completed. Applicable permits to this action will be or have been obtained (Corps of Engineers 404, N. C. CAMA) -3- Reclamation Plan i, 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. ' The overall scope of the project involves bulkheading and excavation and fill to the final grades indicated on the project plans, in preparation for the construction of a condominium-marina complex (see plans) . While the actual mining of the marl is occurring, a plug will be in place across the mouth of the proposed marina blocking it. off from Calabash Creek. This will allow this basin to be' dewatered prior to beginning mining. Therefore no sedimentation will1be allowed to enter waters of the State. The plug will be removed and the marina area refilled once construction is completed. In this instance, reclamation of the affected lands includes rough and fine grading to project elevations, paving of streets and parking areas, and seeding and mulching of unpaved areas. Reclamation Plan 2. Indicate what practices you will take to protect adjacent surface resources. Excavations around perimeter of project are anticipated to be minimal (see plans) , therefore adjacent surface resources should not be harmed. 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 , See Reclamation Plan - Item 1 •4. Describe provisions for safety to persons and to adjoining property in all excavations in rock. Not Applicable 5. Describe plans, if any, for screening operations from public view. Project is located an adequate distance away from public view, and is of a "temporary nature. Therefore no screening methods will be necessary. 6. State the method of rehabilitation of settling ponds if to be reclaimed during the life of the permit. Any areas defined as"settling ponds" will become a part of the final marina once construction is complete. 2- r Reclamation plan 7. State the method of control of contaminants and disposal of mining refuse: It will be necessary to use the overburden to bring the project areas up to grade. 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 :he surface gradient in unconsolidated materials wilt be re- stored to. a condition suitable for the proposed subsequent use of the land after reclamation is completed and proposed method of accomplishment : Grading will be accomplished in a conventional manner using pans, motor graders, etc. -3- Reclamation Plan 12. Provide a time schedule that meets the requirements of C. S. 74-53. Reclamation of the affected areas will begin i ed'ately to after the mining of the coquina (marl )_ is completed1. wili proceed in step with the construction of the project and should be' completed within three .('3) ,years. -5- LAND ENTRY AGRMMENT 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 malting 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 foryeiture is ordered pursuant to Section LG. *Signed I"11a4 r I Vx Title _ Secretary Mine Marsh Harbour Xachl Golf Linka, Inc. Company Marsh Harbour Ygrhl,eg Golf Links._Inc. *Signature should be the same as the officer who signed the application for a permit , Maps 1. Two copies of the county highway maps and two copies of mine maps should be submitted with each permit application. County highway maps may be obtained from: Location Department State. flighway Commission Raleigh, North Carolina 27602 Maps for each county are available for $0. 15 each plus 4% sales tax. Make checks payable to the forth Carolina State Highway 'Commission. Murk clearly the location of your mining operation on the county highway maps, 2. Mine maps should be accurate drawings, aerial photographs or enlarged topo- graphic maps of the mine area and of a scale sufficient to clearly show the following: a. property lines or affected area of mining operation b. Outline of pits c. Outline of stockpile areas d. Outline of overburden disposal areas e. Location of processing plants (processing plants may be described as to location and distance from mine if sufficiently .lar removed) f. Location and name of streams and lakes g. Outline of settling ponds h. Location of access roads i. Map legend 1. Name of company 2. Name of mi.e 3. North arrow 4. County 5. Scale 6. hate prepared 7. Name and title of person preparing map The mine maps should be correlated with the reclamation plan. The approximate areas to be mined during the life of the permit should be clearly marked. If reclamation is "to be accomplished concurrently with mining then show seg- ments that _;re to be mined and reclaimed. during each year of the permit. Add drawin;n showing t%pical sections or cross sections and layout of proposed rcclarztior. where such drawings trill assist in describing your reclamation. 4'on Wt n too., ..'5:.1 i •-•. 1 .Ii - �. sy ,. .. y� r r { ,' (. n JZ , F}i...�• r 'I�ity'' .,�rl.. 3:,iyr, ,.Ff' •i: � ,I I •J�.�1-f.i.�J�Y..14 • ll. '�•3�,1 7 3 l 1 ; y-•,. r'' i�3. f,F' nix �• ... ',v♦ M1 � •i•y a • a 1 State of North Carolina Department of Natural Resources and Community Development Division of [and Resources 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor CERTIFIED MAIL Stephen G. Conrad S. Thomas Rhodes, Secretary RETURN RECEIPT REQUESTED Director Marsh Harbour Yacht & Links P.O. Box 13733 Greensboro, NC 27405 Re: Delinquent 1985 Annual Reclamation Report Marsh Harbour Yacht & Links Pit - Permit No. 10-7 Dear Mine Operator: As stated by the Department of Natural Resources and Community Development in its letter dated May 2, 1986, your firm has failed to file an Annual Reclamation Report for the 1985 calendar year. This Report is required by G.S. 74-55 and Regulation No. 5B.0010 of The Mining Act of 1971 -for all mines under permit whether they are active or inactive, but not released. Failure to submit the Report by February 1, 1986 is a violation of your mining permit and is subject to enforcement action. You or your firm were given until May 20, 1986, to file a late Report, thereby precluding the initiation of any such enforcement action. To date the Department has not received your Report and, therefore, is informing you that you are in violation of your permit. Failure to file the Report within 30 days of receipt of this notice on the enclosed form may, under authority of G.S. 74-64, result in the assessment of a civil penalty of $100.00. This assessment will accrue at the rate of $100.00 for each additional 30 day period of the continuance of this violation. Continued non-compliance may, under authority of G.S. 74-58, ultimately result in revocation of your permit. -The responsibility for understanding and complying with the requirement of the Act rests upon the individuals and firms who are subject to its requirements. Do not hesitate to contact Mr. Thomas Carroll, Acting Mining Specialist, regarding any questions you may have about this matter at (919) 733-4574. Very truly yours, Stephen G. Conrad Enclosure cc: Mr. Charles H. Gardner Regional Engineer Pam. Sax 37687, Raleigh, North Carolina 27611-7687 Tdephone 919-733-3833 An Equal opportunity Afftmut1w Action Employer . - a., •• ,_ ..-• , 1^4 qJ` a,r..r-:•.,fir>,,yy .- .1- - _ MINE INSPECTION REPORT V Land Quality Section !� Wilmington Regional Office 7225 Wrightsville Avenue 1 Wilmington, NC 28403 (919) 256-4161 LAND QUALITY SECTIO" 1. Company: 2. County: 3. Mine: _ 4. Permit 'No. 5. Person Contacted: 6. Date Inspected 7. Pictures: Videotape Slides i., Other 8. Was mine active on date of inspection? Yes No 9. Erosion Control Measures taken. 10. Describe any offsite damage. 11. Are public safety provisions in compliance with permit? 12. Waste Disposal measures taken. 13. Is Annual Reclamation Report form accurate? Yes No if no, explain 14. Reclamation accomplished since last inspection. No. of acres 15. Reclamation measures needed. 16. Other recommendations & comments: 17. Were recommendations made to operator at site? Yes No 18. Follow-up inspection needed? Yes No 19. Copy sent to operator? Yes (date) No INSPECTED BY: �j yy� /f o A F�Gr �pvr p,{ Mar Pa T 'A Bruns w•P`�� r / mini[ f / block, ' J �U G 6 7 S f - 1 Pxtuva lemon /,� �o Q La, Los, ;And �0 gr&ol-p - .p d,s L f^A'-p -Lill11Y a f 12t2r. 6 A . ip e,lr A¢ K r �' pf►c dl &12 dis 4 �_?4�_..._-ol�rr.�_�.�...-_���/`n�m��p� •��.1��Fes' _ Ile f ru. I Ca[•••--- ��t�tG,�� Az"Secr 1:rIsG__.wr,2,�rnct�tL+��aa— Ck - 3 a� �a lv.rd slf4+ e. Fh.!/•.. � ..re�sQs o �+` � •va7C../._tAu,o_� t • -IQ �a S%tefter 23, I= Mr. Osell Wiiliann m=sb Butou r Yadtt a ODIf unks, I=. C/o P. 0 Boos 214g4 ; horor Meth Carolina 27420 M Manh Mcbmw Yad* & Golf Unks, nw. Door Mr. . lav=u Yi3L1t iC8t 1 for a mining pe= t for theabove reformed mine has ben gffmn. • $Dosed is a draft of the uirAng pit p=posed by . ypan info=ation sWpIied in your s Vith oozations afidbd if races=y to irm+e cuVI f mm with 2ft MWI9 h* of 1971. Also wicloaW is a foams for your use irk =using ,tho rcr,WtAzcd 62,500.00 =Oty. 8br your aanvg3niemoa, I have enclomd a band noun and rn amigsmont of a anviap acca utt fwm. In aWiti= to one of theme ale-=at you.=We W= request, M"t£tute a cash daywit, m=tgap of renal pmpwt:y or neg- otLabl m samitiee. Pl,eme review the draft 8e=it and oars this offim ehould you have amy cbjefti= our quntion a=uTAng the pe=it c umditions. G.S. 74-51 pno-- rs the operator 60 daya f6oIlvAng the mating of appUcatim qppZuval mute in which to tue the crag And $=sty. The mining POM dt %ill be I amn i up= nwipt of the swety. Plow* adviso Lf y= ab=M haw any queatA= c=cc=d g this maftw. �lye O!G kL SIGNED Minim list IMQUALM SOCTM jWs pg cc: Jeny Ru4p R W DAVID ASSOCIATES , INC . ENGWEERSa PLANNERS*LAND SURVEYORS INC.. HOME OFF]CE•120 NORTH MAIN STREET•PO. DRAWER 49,FARMVZLLE,N.C. Mt$-019)753-2139 f/� 109 EAST WALNUT I PO BOX 1776,G0LDSDOR0, N.C. 27330 • 20i NORTH FRONT/PO 80X U63,WILMINGTON,x.C.26402 GOLDS80RO PH. (919)F36-7630 • WILMINGTON PH. (919)762-4165 August 2* w6z. . AUK 7 North. Carolina Dept. of Natural Resources SAND Q04or and Community Development SEeT REolsrxaTlDx Land Quality Section ��N Post Office Sax 27687 NORTH CAROLINA Raleigh, N.C. 27611 Attn: Mr. James Simons SOUTH CAROLINA Subject: Marsh Harbour Yacht & Golf Links, Inc. GEDRGIa Mining Permit Application Dear Mr. Simons: MARY LAND In response to your July 12 letter requesting additional KENTUCKY information in support of'subject application, we are submitting the a LA ea MA following: . 1 . Affidavit of Notification (_original & one copy) W. vIR G1NIa 2., Reclamation Plan (stem 11 ) approved by U.S. Soil TENNESSEE Conservation Seryi.ce' (_original' & one copy). MISSISSIPPI If you need further information, please contact me. NEW JERSEY Sincerely, McDAVID ASSOCIATES, INC. JSH.:cd Joseph S. H1.11 , Jr, , P.E. enc. Wi.imington .offi;ce RECrISrEREO PERSONNEL o JACK MCOAWD,JR.,P,E.,R,L.S. • ALBERT V LEWIS,JR.,PE.,R.L.S. • FRANK TYNDALL LEWIS, P E. CHARLES A. JOYNER.JIL,PE. • RONNIE M,THOMPSON.P.E.,RL.S. s JOSEPH 9 HILL,JR.,PE. o WILLARD F. JEFFERSON ,R.L.S. �� -x ,,� r.t .. �� . . • ,3S .� i ' . .. .. � a r .. • 1 i i� y! E � � � I i 'I .. 1 1 �� �. a? Reclamation Plan 11. Describe your plan for revegetation or other surface treatment of the affected areas. Note requirement of Regulation Number 1 . All unpaved areas will be grassed and Shrubbery planted, in keeping with the overall character of the project. See also Item-l- Reclamation Plan The main area where coquina will be mined occurs where the proposed boat basin extension will be located. This area will be bulkheaded with precast or poured in place concrete sections. The residential areas of the project will be terraced as generally shown on the pl These areas will then be either paved for streets and parking, or grassed rasses to be used wt-U be either Centipede, Bermuda, St. Augustine, or Zoysia rior to sodding, soil tests will be conducted to determine nutrient and lime needs. , e��esaentia�. Apply lime and fertilizer as recommended.Oidncorporate in the upper 4" of the soil before seeding. In areas $ermuda grass is used, seed at the rate of 2 lbs/1000 square feet. Seed Centipede at the rate of 3 ounces/1000 square feet or it may be sprigged on 1' spacing. Zoysia and St. Augustine must be sprigged. The area may be sodded with a complete cover grass. Mulch with about 2 bales of small grain straw/1000 square feet if grass is seeded. , Use mulch netting or other means of holding straw on slopes greater than 6 (horizontal) to 1 (vertical). Use shrubbery and trees for landscaping . purposes. f Revemetation and/or reforestation plan approved by: Signature _ Title Agency Date f •-4- Mad load n-whia 301 nlqjw 1l7')•7: 1).')!'f10 nufu '"O ;I Wnw 1,j Una I,, 1ponin q d! 1 v 490-111 %1 -d j I jw a 7n E An3nnol A AW noly"Oh ' A f3l in OYq ids 1 , . 1-11 WIP-51- 11 OROHA !1 J m1w, '1111 "1 yq, d uldi Itim gniaz AnAT .,nalq A; uxud ; Afa "' "n hn''Ou" bus U!"Me w LW z 91 in, , WAN, o" we! •wvro ' ijoa n tool Aw r t vid! 1 U"t [I'T-' 9[) Anunmmwol 41 1101EM" ban tfq# A= d ! Vaal, Shmaind angin of .1nihole n1oind Floe IS to ja u,w ndi Ir winkiasAf hqYZ 1111 jo ,"n% GUVF\adl R in An- 10 0102 ban njeyaX , "'nnq , It no 59- Aq, A yam It in KA MuPe "An "''O F. - Kill nant -?IV nvqjfiqi A Hum onllan .UL J('- tinm, 1, qfn4 R modn ON infuh -anIQ7 wijm - nibina la nuasm 1010 10 M! ' " dy'"O " '"Un"a -'� uQnwhual IA 09,31 ban 11MUM wh . ( VW1-fqv) 1 5# ( Manxilvd) 6 andl AFFIDAVIT OF NOTIFICATION 13 I , Joseph S. Hill , Jr. , A.E. ai4-appl-Leant, or an authorized agent, (w employee of alit for a Mining Permit from the N. C. Department of Natural 'Resources 'and Community Development, being first duly sworn, do hereby attest that the following are known owners, both private and public, of the land adjoining the proposed mining site and that notice of the pending application has been caused to be mailed, by certified or registered mail , to said owners at their address shown below, such notice being given on a form provided by the Department: (Name) (Address) Mrs. Lella M. Simmons Rt. 1 , Box 333, N. Myrtle Beach, SC. 29582 , Mr. H.C. Edens Rt. 1 , Box 385, N. Myrtle Beach, SC._ 29582 (Attach additional list if necessary) I do also attest that the following is the chief administrative officer of the county or municipality in which the proposed mining site is located and that notice of the pending application has been caused to be mailed,. by certified or. registered mail ,_ to said office at the following address: (Name) (Address) Mr. William Di:-Carter, Counity,.Manager Post Office Box 249, Bolivia, N.C. 28422 The above attestation was made by me while under. oath to provide proof- satisfactory to the Department that a reasonable effort has 'been made to notify the owners of record of the adjoining land and the chief administrative officer of the county or municipality in compliance with N.C.G.S. 74-50 and 15 N.C.A.C. 5B .004(d) . I understand that it is the responsibility of the applicant to retain the receipts of mailings showing that the above notices were caused to be mailed and to provide them to the Department upon request. July 15, 1982 f / Date Signature If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name. of applicant) Marsh Harbour Yacht & Golf Links Inc. ; title of person executing Affidavit) Authorize _ Agent. Project Engineer) 1 , J a Notary Pub Z2., County ofState of North Carolina, do hereby certify that • 1 ' personally appeared before me this day and under oat ac ow edged that-ftm above Affidavit was made by him. Witness nay hand and notarial seal , this day of 19 . Notary My Commission expires: DC�,-,,,Q,,,,c,e,_ f S l� 15. Maps 1. Two copies of the county highway maps and two copies of mine maps should be submitted with each permit application. County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 Maps for each county are available for $0.15 each plus 4% sales tax. Make checks payable to the North Carolina State Highway Commission. Mark clearly the location of your mining operation on the county highway maps. 2. Mine maps should be accurage drawings, aerial photographs or enlarged topographic maps of the chine area and of a scale sufficient to clearly show the following: a. Property lines or affected area of mining b. Outline of pits C. Outline of stockpile areas d. Outline of overburden disposal areas e. Location of processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed) f. Location and name of streams and lakes g. Outline of settling ponds h. Location of access roads i. Map legend: 1. Name of Company 2. Name of Mine 3. North arrow 4. County 5. Scale 6. Date prepared 7. Name and title of person preparing map j . Names of owners of record, both public and private, of all adjoining land The mine maps should be correlated with the reclamation plan. The approximate areas to be mined during the life of the permit should be clearly marked. If reclamation is to be accomplished concurrently with mining then show segments that are to be mined and reclaimed during each year of the permit. Add drawings showing typical sections or cross sections and layout of proposed reclamation where such drawings will assist in describing your reclamation. r r ! Y 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 nepartment 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 n permit. Return to: Land Quality Section N.C. Department of Natural Resources & Community Development P. 0. Box 27687 Raleigh, North Carolina 27611 DIVISION OF North Carolina Department of Natural !_AND RESOURCES Resources &Community Development Stephen G. Conrad,Director James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary Telephone 919733.3833 July 12, 1982 Mr. Joseph S. Hill , Jr. , P.E. McDavid Associates, Incorporated P. 0. Box 1165 Wilmington, North Carolina 28402 RE: Mining Permit Application Marsh Harbour Yatch & Golf Links, Incorporated Pit Brunswick County Dear Mr. Hill : We have received the above application-for a mining permit. As you know, this site has been permitted previously under Mr. Odell Williamson. The site was released by a letter to Mr. Williamson from Stephen G. Conrad, dated August 18, 1980. In 1981 , The Mining Act of 1971 (copy enclosed) was amended to require the operator to make a reasonable effort to notify the adjoining landowners and local government before application approval . This is described in the enclosed regulations--Section .0004 (d) (page 5-5) through (page 5-6). I am enclosing the proper forms for this notice. The Mining Act also requires that the revegetation plan have the approval of one of the agencies listed in #12 on the enclosed exert from a recent application form. Therefore, I am returning your revegetation plan for this approval . Upon receipt of the completed affidavit and approved revegetation plan, final review of the application will be made. i cerely, ;- James D. Simons, C.P.G.S. , P.E. Mining Specialist LAND QUALITY SECTION JDS:pg cc: Gerald Kraynak Geological Survey Section-733.2423; Geodetic;Section-733.3836; Land Quality Sectiom733j1574,Planning and Inventory Section-733.3833; Land Resources Information Service-733-2090 Sox 27687 Ralelah 27611.7687 m ;r �Hf3$ K ,. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ;?s' A - u DIVISION OF LAND RESOURCES ��NCDENR. fw May 13, 1999 .'.,JAMES B.HUNYJIF. Ii,(GOVERNO CERT-IEIEQ MAIL R RETURN RECEIPT REQUESTED Mr. Odell Williamson Marsh Harbor Yacht and Golf Links, Inc. wi►YNE MCDEVITT 2 Causeway Drive ' Sk:CR6TARY, Ocean Isle Beach, North Carolina 28469 ECIR RE: Marsh Harbor Pit Mining Permit No. 10-07 CHARL:E81l:C,4KIM FRt Brunswick County r �1=1 !" Lumber River Basin DIRI�CTOR, ti "AN'0 STATE G80LORlay - Dear Mr. Williamson: Your request to have Mining Permit No. 10-07 transferred in its - entirety from your company to Marsh Harbour Resorts, L.L.C. has been approved. As we have received Marsh Harbour Resorts, L.L.C.'s required surety in an amount sufficient to cover the present operation, your company is hereby released from further responsibility for this site with respect to The Mining Act. Therefore, I am returning your $2,500.00 f }. Assignment of Savings Account No. 0945320795 to you for your use. ". _;•�_. Thank you for your cooperation In this matter. r Sincerely, - Charles H. Gardner, P.G., P.E. CHGIjw }w Enclosure cc: Mr. Dan Sams, P.E. rfZ F e •4,�+'�•IF _a , „" ;p =. 3 LAND QUALITY SECTION 4919)733-4574 FAX(919)733-2876 GEOLOGICAL SURVEY SECTION(919)733-2423 FAX(919)733.0900 " '}., , ' 'It✓"'K" P.O. BOX 27687, RALEIGH,NORTH CAROLINA 2761 t-7687 TELEPHONE(91 9)733-3833 FAX f 919)71 5.8801 ...,..,IA_•:r--i:'�' .:: r:. AN EQUAL OPPORTUNITY I AFPIRMATWE ACTION EMPLOYER-50% R£CYCLEd/f 0% POST-CONSUMER PAPER 1 Z 355 710 317 of l U5 Postal Service 'Receipt for Certified Mail No insurance Coverage Provided. Do not use for International Mail See reverse Sem to Street 3 Number Post office,State,d ZIP Coda Postage $ Certified Fee Special Defivery Fee restricted Delivery Fee Ln PAtwn receipt Stowing m Wham 6 Date DeSvered a Rem Remo S mxq to Whom, Q bate&Aft ee's M mss mTOTAL Postage a Fees $ cf) Pastrn erData E 0 1L a LAND QUALITY SECTION Budget No.: 508 Date Rec'd: 04/15/83 Operator: MARSH HARBOUR YACHT& GOLF LINKS Type Security: ASSIGNMENT Security Number: Bank: UNITED CAROLINA BANK City: SHALLOTTEr Debit: $2,500.00 Credit: $2,500.00 Date Released: 05/13/99 Permit No.: Comments: Received by Date Released b Date l � �� •J R - ASSIGNMENT OF SAVINGS ACCOUNT APR 18 This Assignment,, made and entered into the 15th day of LAND Q;,,ALITY SECT:,: 1983 Links, Inc. April 1 by and between Marsh Harbour Yacht & Golf,, operator % Odell Williamson City of Shallotte, N,C, 28159 address County of Brunswick State of North Carolina,, and the North Carolina Department of Natural.Resources & Community Development; and Golf Links Inc. WHEREAS, the undersigned Marsh Harbour Yacht & hereinafter referred operator to as. "Operator"] is desirous of engaging in mining operations in the State of North Carolina and such mining operations are subject to the provisions of the Mining Act of 1971, Article 7, Chapter 74 of the General Statutes of North Carolina; and WHEREAS,, NCGS 74-50 requires that mine operators obtain a permit from the . Department of Natural Resources & Community Development (hereinafter referred to as "Department") before engaging in mining operations,, and NCGS 74-54 requires that a surety bond in favor of the State be maintained or other security be filed with the Department, in connection with said permit; and WHEREAS, Operator has a savings account in United Carolina Bank bank at P. 0. Box 308.' City of Shallotte i address County of Brunswick , State of North Carolina, Savings Account No. _ ; and WHEREAS, Operator desires to assign said savings account to the Department; and WHEREAS, NCGS 74-54 authorizes the Department to accept from Operator an assignment of a savings account in a North Carolina bank,, in lieu of a surety bond; NOW,, THEREFORE, in consideration of the premises and the Department accepting an assignment of said savings account in lieu of a surety bond,, the undersigned Operator does hereby sell, assign, transfer, set over to the Dept. of Natural Resources & Community Development Two Thousand Five Hundred -2- dollars ($ 2,500.00 } of the sums on deposit in his name in United Carolina Bank at P. 0 bank --_.. ..- -- - address)- - City of Shallotte , County of Brunswick State of North Carolina, Savings Account No. and further authorizes United Carolina Bank to pay over to the bank Department of Natural Resources b Community Development the above sum of Two Thousand Five Hundred dollars ($ 2.500.00 ) out of the above money on deposit in the above account in his name. The condition of the foregoing assignment is that if the assignor Operator conducts the mining operations faithfully, honestly, and lawfully and in 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 requirements of the Mining Act of 1971 and applicable Rules and Regulations shall be determined by the Department. This assignment is made and the deposit & check book passbook, deposit book, etc. is to be held by 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 of 1971, Article 79 Chapter 74 of the General Statutes of North Carolina. This assi-gnment shall be direct authorization to United Carolina Bank to pay said sum to Department on demand by Department. Signature of operator Odell Williamson, President Sworn to before me this Marsh Harbour Yacht & Golf Links, Inc. day of April , 1983 Notary public My, Cgotdnissicn Expires 10-2-04 . -- ` 3_ ACCEPTANCE The_Department of Natural Resources.4 Community Development., by apd,_through the Director, Division of Land Resources, assignee herein, accepts the within assignment according to the terms and condition stated herein. This the day of , 19- Director Division of Land Resources ACKNOWLEDGEMENT Receipt of an executed copy of the oregoing Ass ent o Savings Account c is hereby acknowledged this day of , 19 D . UG bank