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NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary April 19, 2012 Mr. W.J. McLamb MAC Construction Company 551 Wagon Wheel Trail Calabash, North Carolina 28467 RE: Tarkiln Mine Expired Permit No. 10-51 Brunswick County Lumber River Basin Dear Mr. McLamb: On April 19, 2012, the Department received a letter from Ohio Casualty Insurance Company pertaining to your company's $14,900.00 mine reclamation bond. Said letter rescinded the cancellation of surety bond no. �. Thus, as this bond will remain in full force and effect to cover your company's reclamation obligations, this office is closing its bond cancellation/forfeiture action. Thank you for your cooperation and prompt attention to this matter. If you should have any questions on the above, please contact me at (919) 707-9220. Sincerely, Ashley L.'Rodgers Assistant State Mining Specialist Land Quality Section cc: Mr. Dan Sams, PE Ms. Jane L. Oliver, Esq. Attorney General's Office Ms. Kathy Cooper, Esq., Attorney General's Office Ms. Beverly Ivey, Ohio Casualty Insurance Company c/o, Liberty Mutual, PO Box'49669, Charlotte, North Carolina 28277 1612 Mail Service Center,Raleigh,North Carolina 27699-1612 -919-707-92201 FAX: 919-733-2876 512 North Salisbury Street, Raleigh,North Carolina,27604 Internet:http:llportal.ncdenr.org/webAr/land-quality An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper i _• Liberty Mutual, NOTICE OF REINSTATEMENT April 16,2012 ✓ STATE OF NORTH CAROLINA D E N R-LAND RECEIVE QUALITY SECT APR 19 NU 1612 MAIL SERVICE CENTER RALEIGH, NC 27699-1612 LAND QUALITY SECTION (Certified Receipt Number ) Bond Number: Cross Reference: Principal: MAC CONSTRUCTION COMPANY Present Penal Sum: 6600.00 USD Bond Description: Removal of Sand and Gravel-Not Involving Restoration of Land Original Effective Date: February 05, 2003 Reinstate Date: May 15,2012 We hereby reinstate the above referenced bond. The bond will remain in,full force and effect as though Notice of Cancellation or Termination had not been served. Ohio Casualty Insurance Company By: o ey-in-Fact everly 8 Ivey REPLY TO: Charlotte P.O. Box 49669 Charlotte, NC 28277 800-763-9247 Fax:866-548-6575 COPY MAC CONSTRUCTION COMPANY P O BOX 777 ® Obligee SHALLOTTE, NC 28459 ® Principal ❑ Producer ❑ Home Office ❑ Underwriting Office LM I C-3220 s_ Rodgers, Ashley From: Cooper, Kathy Ekcooper@ncdoj.gov) Sent: Monday, April 16, 2012 4:23 PM To: Rodgers, Ashley Cc: Oliver, Jane Subject: RE: Reinstatement- LSF220103 - MAC Construction '3602673 Thanks Ashley Kathryn Jones Cooper Special Deputy Attorney General Water and Land Section Environmental Division North Carolina Department of Justice Post Office Box 629 Raleigh, NC 27602-0629 (919) 716-6600 (main telephone number) (919) 716-6960 (direct dial) (919) 716-6766 (fax) kcooper(@ncdoi.gov -----Original Message----- From: Rodgers, Ashley [mailto:ashley.rodgers@ncdenr.gov] Sent: Monday, April 16, 2012 4:17 PM To: Cooper, Kathy Cc: Oliver, Jane Subject: FW: Reinstatement - LSF220103 - MAC Construction 3602673 Kathy, Just an FYI. MAC Construction has reinstated their bond. Attached is the email from their insurance company - hard copy should arrive in a few days. Once I get the hard copy, I will send out our reinstatement letter and copy you. Thanks, Ashley Rodgers Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (919) 707-9220 (919) 715-8801 - fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message----- From: Ivey, Beverly [mailto:Beverly.Ivey@LibertyMutual.com] Sent: Monday, April 16, 2012 3:44 PM To: Rodgers, Ashley Cc: Mike Burkinshaw (mburkinshaw@azaleainsurance.com); lscott@azaleainsurance.com Subject: FW: Reinstatement - LSF220103 - MAC Construction 3602673 Ashley: 1 We are pleased to attach a pdf version of our reinstatement letter on bond LSF220103 /cross reference bond number 3602673. I will be placing the original of this letter in the mail to you. You had given indication that having an scanned copy of the letter would be of assistance in the interim pending receipt of the original. We trust that this will be found in order. Should you need anything further, please let us know. Many thanks and best regards, Beverly Ivey Liberty SuretyFirst beverly.ivey@libertvmutual.com Toll Free 800-763-9247 x 7597293 Direct Dial 704-759-7293 NEW FAX 866-548-6575 Mailing: P 0 Box 49669, Charlotte, NC 28277. Physical: 13830 Ballantyne Corp P1, Ste 450, Charlotte, NC 28277 CONFIDENTIALITY NOTICE: This email message is intended only for the person or entity to whom it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email, then delete the original message and destroy all copies. If you are the intended recipient, but do not wish to receive communications through this medium, please so advise the sender immediately. ---------------------------------------- 2 Liberty mutual. NOTICE OF REINSTATEMENT April 16,2012 STATE OF NORTH CAROLINA 0 E N R-LAND QUALITY SECT 1612 MAIL SERVICE CENTER RALEIGH,NC 27699-1612 {Certified Receipt Number } Bond Number. LSF220103 Cross Reference: 3602673 Principal: MAC CONSTRUCTION COMPANY Present Penal Sum: 6000.00 USD Bond Description: Removal of Sand and Gravel-Not Involving Restoration of Land Original Effective Date: February 05,2003 Reinstate Data: May 15,2012 We hereby rainslate the above referenced bond.The bond will remain In full force and effect as though Notioa of Cancellation or Terminabon had not been served. Ohio Casualty Insurance Company By: -a -&_� o ey-in-Fact everly B Ivey REPLY TO: Charlotte P.O. Box 49669 Charlotte,NC 28277 800-763-9247 Fax 866-548.6575 C aav MAC CONSTRUCTION COMPANY P 0 BOX 777 Obligee SHALLOTTE, NC 28459 Principal ❑ Producer Home Office Underwriting Office LMIC-3220 LTD my;WIF �AA NCDENR. North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist March 19, 20.12 Dee Freeman, Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED BOND CANCELLATION & FORFEITURE NOTICE 7008 1300 0000 1125 7405 7008 1300 0000 1125 7412 Mr. T.A. McLamb Ms. Beverly Ivey MAC Construction Company Ohio Casualty Insurance Company PO Box 777 c/o Liberty Mutual Shallotte, North Carolina 28459 PO Box 49669 Charlotte, North Carolina 28277 7008 1300 0000 1125 7429 Mr. W.J. McLamb MAC Construction Company 551 Wagon Wheel Trail Calabash, North Carolina 28467 RE: Tarkiln Mine Expired Permit No. 10-51 Brunswick County Lumber River Basin Dear Messrs. McLamb and Ms. Ivey, This office has received notification of Ohio Casualty Insurance Company's intent to cancel MAC Construction Companys $14,900.00 mine reclamation bond (Bond No. �). Although the notice states the effective cancellation date is May 15, 2012, G.S. 74-54 states that cancellation by the surety shall.be effectuated only upon 60 days written notice to the Department and the operator. This office received Ohio Casualty Insurance Companys notice on March 19, 2012. Therefore, the effective date for cancellation of this bond is May 18, 2012. Please note that if the bond is not reinstated or replaced or the site is not completely reclaimed by April 18 2012, the Department will proceed with bond forfeiture action. Should any further mining activities occur at the site, such activities will be considered mining without a permit and subject to further enforcement action, such as civil penalties and injunctive relief. 1612 Mail Service Center,Raleigh, North Carolina 27699-1612 •919-707-92201 FAX: 919-733-2876 512 North Salisbury Street,Raleigh, North Carolina,27604 Internet:http:l/portal.ncdenr.org/web/irAand-quality An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper frERTIFIED MAIL .j . • Allessrs. McLamb and Ms..lvey Page 2 Please be advised that this reclamation bond must remain in full force and effect until it is reinstated or replaced, or the site is completely reclaimed and deemed releasable by the Department. A review of our records indicates that the mining permit for the above referenced mine site has expired. Therefore, all mining activities must cease at the site and a valid mine reclamation bond must remain in effect until all outstanding reclamation obligations have been met at the site. As a surety is required to be maintained until final reclamation of the site has been completed, please arrange to substitute this bond. I am enclosing another surety form, an assignment of savings account form and an irrevocable standby letter of credit form, any of which may be used to replace the existing surety. If a substitute reclamation bond is not received by this office within this deadline, or if reclamation of the site has not commenced and is proceeding in a timely manner by this deadline, this matter will be referred to the Attorney General's Office for initiation of bond forfeiture proceedings under G.S. 74-56(d) to ensure proper reclamation of the mine site. In addition, failure to address the terms of this Notice may result in the assessment of civil penalties and/or injunctive relief against the permittee. Note that although the cancellation notice from Ohio Casualty Insurance Company indicates that this is a $6,600.00 surety bond, this office has never received a rider reducing the bond amount from $14,900.00 to $6,600.00. As $6,600.00 is the required surety for Expired Mining Permit No. 10-51, you may wish to reduce this bond to $6,600.00 at reinstatement. Alternatively, if you choose to replace (rather than reinstate) the above referenced bond, you may wish to do so with a new reclamation bond in the amount of $6,600.00. Please contact me at (919) 707-9220 as soon as possible to convey your intentions in this matter. Your cooperation will be greatly appreciated. Sincerely, 41 d P, �ew �J Q Ashley L. Rodgers Assistant State Mining Specialist Land Quality Section Enclosures: Bond Forms Bond Guidelines cc: Mr. Dan Sams, PE Ms. Jane L. Oliver, Esq., Attorney General's Office Ms. Kathy Cooper, Esq., Attorney General's Office LAND QUALITY SECTION GUIDELINES ON RECLAMATION BONDS Under authority of G.S. 74-51 and G.S. 74-54 of The Mining Act of 1971, an acceptable reclamation bond or security is required to be posted with DENR before a mining permit can be issued. There are several different options available to the applicant in securing the required bond. The applicant may choose any one of the methods listed below to satisfy the statutory requirement. In addition, a permittee may substitute one method of bonding for another at anytime during the life of a mining permit. The following are general guidelines describing how to correctly complete each bond option: GENERAL The applicant must use the Department's standard forms when completing the required reclamation bond. The name on the bond, assignment of savings account, or irrevocable letter of credit form must be the same as the name of the company or individual that the application for mining permit was filed under. For example: An application is filed by Mr. John Q. Public, under the company name of Crushed Stone Company; therefore, the security must be in the name of Crushed Stone Company. An exception to this would be for Mr. Public to have the security form filled out to read John Q. Public dlb/a (doing business as) Crushed Stone Company. This way.the mining permit could be issued in the name of Crushed Stone Company and Mr. Public could have his name listed on any other financial documents. 1. Assignment of Savings Account: A. These are issued by an acceptable banking institution licensed to do business in North Carolina. The applicant and an authorized agent for the bank must sign the form and both signatures must be notarized. B. "Savings Account" refers to any savings instrument not just a passbook account. A money market account or certificate of deposit can also be utilized. Whatever savings instrument is chosen, the original or photocopy of the document issued by the bank (passbook, deposit.receipt, actual certificate of deposit) must be attached to the original iginal assignment form and both forwarded to the DENR-LQS Central Office. C. The account numbers and dollar amounts listed on the assignment form must match those on the savings instrument. Rev. Dec 2006 Page 1 2. Surety Bonds: These are issued by an issuance company licensed to do business in North Carolina. A Power of Attorney must accompany the completed original standard bond form provided by the Department to substantiate that the issuing agent has authorization to act on behalf of the insurance company. 3. Bank Guaranty: These guaranties of payment must be issued from an acceptable bank licensed to do business in North Carolina. 4. Cash Deposits: Cashiers or certified checks must be made payable to the North Carolina Department of Environment and Natural Resources. A cover letter specifying the intended function of the money being submitted to the ;Department must accompany the check. 5. Irrevocable Letter of Credit: These are issued by a financial institution licensed to do business in North Carolina on a form prescribed by the Department. Blank Irrevocable Letter of Credit (ILOC) forms are available upon request from the Land Quality Section Central Office in Raleigh. All ILOCs must include an automatic renewal clause to ensure that the ILOC is continuous in nature. You (Applicant) should retain a copy of all surety forms, etc. for your files. All original documents are to be forwarded to the Land Quality Section, 1612 Mail Service Center, Raleigh, NC 27699-1612. It is recommended that these materials be forwarded by registered or certified mail. S Should you have any questions on this information please contact the Land Quality Section at (919) 733-4574. The mining permit will not be issued until the bond forms have been properly completed. Rev. Dec 2006 Page 2 STATE OF NORTH CAROLINA' DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Land Quality Section Bond Pursuant to "The Mining Act of 1971" (G.S. 74-46 through G.S. 74-68) KNOW ALL MEN BY THESE PRESENTS, That a and having its principal office at in the State of , as principal, and a corporation organized under the laws of the State of and duly authorized by the Insurance Commissioner of North Carolina to do business in North Carolina, with an office located at T in the City of North Carolina, as surety, are held and firmly bound unto the State of North Carolina in the sum of Bond No. lawful money of the United States of America, to the payment of which will and truly be made, we. bind ourselves, our heirs, administrators and successors jointly and severally, firmly by these presents. Signed, sealed and delivered this day of , 20_ THE CONDITIONS OF THIS BOND ARE SUCH, That Whereas, the said conducts or will conduct mining operations in North Carolina as described in the application for an operating permit which includes a Reclamation Plan as provided in G.S. 74-53 and has obtained approval of this application on the day of , 20_, from the Department of Environment and Natural Resources. Rev. Dec 2006 NOW THEREFORE, if the said shall comply with the requirements set forth in "The Mining Act of 1971"(G.S. 74-46 through 74-68)and with the rules and regulations adopted pursuant thereto and faithfully perform all obligations under his'approved Reclamation Plan then this obligation shall be null and void; otherwise to be and remain in full force and effect until released by the Department of Environment and Natural Resources in accordance with G.S. 74-56 or canceled by the surety. Cancellation by the surety shall be effectuated only upon 60 days written notice thereof to the Department of Environment and Natural Resources and the operator as provided in G.S. 74-54. ATTEST: Secretary or Principal Assistant Secretary { Attach ) By ( Corporate Seal ) President, Vice President, ( here of Corporation ) Partners, or Owner Surety Countersigned at _ _ _ _ North Carolina By: Resident Agent of NC Agent and Attorney'in Fact *PLEASE MAIL THIS FORM AND THE ATTACHED INSTRUMENT TO THE FOLLOWING ADDRESS: LAND QUALITY SECTION 1612 MAIL SERVICE CENTER RALEIGH, NC 27699 Page 2 of 2 Rev. Dec 2006 ASSIGNMENT OF SAVINGS ACCOUNT This Assignment, made and entered into the' day of , 20---,_, by and between of , (applicant) (address) City of , County of , State of North Carolina and the North Carolina Department of Environment and Natural Resources; and WHEREAS, The undersigned (applicant) (hereinafter referred to as "Operator") is desirous of engaging in mining operations in the State of North Carolina and such mining operations are subject to the 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 Environment and Natural Resources (hereinafter referred to as "Department") before engaging in mining operations, and NCGS 74-54 requires that a surety bond in favor of the State be maintained or other security be filed with the Department, in connection with said permit; and WHEREAS, Operator has a savings account in (bank name) at , City of , County of (address) State of North Carolina, Savings Account No. ; and WHEREAS, NCGS 74-54 authorizes the Department to accept from Operator an assignment of a savings account in a North Carolina bank, in lieu of a surety bond; 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 Department of Environment and Natural Resources dollars ($ ) of the sums on (dollar amount written) deposit in his name in , City of (bank name) County of , State of North Carolina, Savings Account No. and further authorizes (bank name) to pay over to the Department of Environment and Natural Resources the above sum of dollars ($ ) (dollar amount written) out of the above money 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 requirement of the Mining Act of 1971 and applicable Rules and Regulations shall-be determined by the Department. This assignment is made and the . (passbook, deposit book, etc.) is to be held by the Department as collateral security for all direct or indirect liabilities of the assignor Operator to the assignee Department that may arise by reason of the Mining Act 1971, Article 7, Chapter 74 of the General Statutes of North Carolina. This assignment shall be direct authorization to (bank name) to pay said sum to Department on demand by Department. (Signature of Applicant) Sworn to before me this day of 20_ Notary Public My Commission Expires (Affix Sea]) ACKNOWLEDGEMENT BY BANK The foregoing Assignment of Savings Account is hereby acknowledged this _ day of 20_. It is further acknowledged that funds in the above mentioned account shall not be disbursed except to the assignee, Department of ENR while the assignment remains in-effect. This the day of , 20_ by (authorized agent for bank) (mailing address of bank) Sworn to before me this day of , 20 Notary Public My Commission Expires (Affix Seal) PLEASE MAIL THIS FORM AND THE ATTACHED INSTRUMENT TO THE FOLLOWING ADDRESS: LAND QUALITY SECTION 1612 Mail Service Center Raleigh, NC 27699-1612 Rev. Dec 2006 IRREVOCABLE STANDBY LETTER OF CREDIT LETTER OF CREDIT NO.: EFFECTIVE DATE: AMOUNT: ISSUING INSTITUTION: Name Address City. State Zip Code County . BENEFICIARY: State of North Carolina Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 APPLICANT/OPERATOR: Name Address City State Zip Code _County . Rev. Dec 2006 Page 1 I Dear Sir or Madam: i (1) The APPLICANT/OPERATOR desires to engage in mining operations within the State of North Carolina, under the provisions of the Mining Act of 1971, N. C. Gen. Stat. 74-46, et sea., and the administrative rules promulgated there under. (2) N. C. Gen. Stat. ❑74-50 requires that operators engaged in mining shall first obtain an .operating permit from the N. C. Department of Environment and Natural Resources ("DENR") which covers the affected land and which has not terminated, been revoked, been suspended for the period in question, or otherwise become invalid. N. C. Gen. Stat. 1174-54 requires that each applicant for an operating permit, or for the renewal thereof, shall file with DENR, and shall thereafter maintain in force, a bond in favor of the State of North Carolina in an amount as prescribed by Title 15A N.C. Administrative Code Subchapter 5B. 0003, N. C. Gen. Stat. 074-54 further provides that in lieu of the surety bond, an applicant or operator may file with DENR a cash deposit, negotiable securities, or an assignment of a savings account in a North Carolina bank. (3) Thus, this IRREVOCABLE STANDBY LETTER OF CREDIT is issued to DENR, in lieu of the surety'bond required to be filed by the APPLICANT/OPERATOR, as provided by N. C. Gen. Stat. 074-54. (4) The undersigned hereby establishes its IRREVOCABLE STANDBY LETTER OF CREDIT in favor of DENR, for the account of (APPLICANT/OPERATOR) for the amount of dollars and no 100's ($ ), available by DENR's draft(s) drawn on sight. (5) This IRREVOCABLE STANDBY LETTER OF CREDIT shall expire on (date.at least-one (1) year from effective date) The expiration date shall be extended automatically for a period of on and (one year or more) (expiration date) 4 Rev. Dec 2006 Page 2 i on each successive expiration date, unless, at least sixty (60) days prior to the expiration date, the undersigned notifies DENR and the OPERATOR by certified mail, return receipt requested that the undersigned will not extend this letter of credit beyond the current expiration date. If the undersigned notifies DENR that this letter of credit will not be extended, any unused portion of the credit shall be available upon presentation of DENR's sight draft within sixty (60) days after DENR's or the OPERATOR's receipt of such notification, whichever is later. (6) This IRREVOCABLE STANDBY LETTER OF CREDIT is non-transferable. (7) Draft(s) shall be marked "Drawn Under Credit No. " (Issuing Institution) and shall include the following documentation.- (a) A signed certificate by DENR, referring to the effective date and Number of this IRREVOCABLE STANDBY LETTER OF CREDIT, and stating that: "In accordance with N. C. Gen. Stat. 074-59, we have received a notice of forfeiture of part or all of the Bond Amount. The amount of our drawing does not exceed the amount of the forfeiture as set forth in such notice."; -or- (b) A signed certificate by DENR, referring to the effective date and Number of this IRREVOCABLE STANDBY LETTER OF CREDIT, and stating that: We have received from (Issuing institution) written notice stating (1)that this IRREVOCABLE STANDBY LETTER OF CREDIT has not been renewed; and, (2) that the amount of our drawing does not exceed the Bond Amount, less any previous forfeitures thereunder, pursuant to notices received in accordance with N.C. Gen. Stat. 074-59."•; -or- (c) A signed certificate` by DENR, referring to the effective date and Number of this IRREVOCABLE STANDBY LETTER OF CREDIT, and stating that: ' "We have received from Rev. Dec 2006 Page 3 (Issuing Institution) written notice stating (1) that there exists an Event of Default under the Credit Agreement (as defined in the IRREVOCABLE STANDBY LETTER OF CREDIT); (2) that a drawing should be made under this IRREVOCABLE STANDBY LETTER OF CREDIT; and, (3) that the amount of the drawing does not exceed the bond amount, less any previous forfeitures there under, pursuant to notices received in accordance with N. C. Gen. Stat. 074-59." (8) This IRREVOCABLE STANDBY LETTER OF CREDIT is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication No. 500 and the laws of the State of North Carolina. In the event of any conflict, the laws of the State of North Carolina will control. (9) _ _ hereby agrees (Issuing Institution) with the drawers, endorsers, and bona fide holders that all drafts drawn under and in compliance with the terms of this IRREVOCABLE STANDBY LETTER OF CREDIT will be duly honored upon presentation to this bank/issuing institution. Very truly yours, (Issuing Institution) BY: TITLE: DATE: ' Sworn and subscribed to before me this the day of 20 Notary Public My Commission Expires: (Seal) Date "PLEASE MAIL THIS FORM TO: LAND QUALITY SECTION, 1612 Mail Service Center, Raleigh, NC 27699-1612 Rev. Dec 2006 Page 4 1 f North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME Tarklin Mine 2. MINING PERMIT 4 10-51 3. OPERATOR MAC Construction Company, LLC 4. COUNTY Brunswick 5. ADDRESS PO Box 777 5hallotte NC 28459-551 Wagon Wheel Trail Calabash NC 28467 6. PERMIT EXPIRATION DATE 03/17/2010 7. RIVER BASIN Lumber 8. Person(s) contacted at site None 9. Was mine operating at time of inspection? ❑ Yes ® No 10. Pictures? ® Yes ❑ No 11. Date last inspected: 02/23/2012 12. Any mining since last inspection? ❑ Yes E No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No If no, explain: Permit expired. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ® No If no, explain: 1. Provided further, and subject to the Reclamation schedule,the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. B. The side slopes to the lake excavation shall be graded to a 3 horizontal to I vertical or flatter. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. Onsite disposal of waste shall be in accordance with operating condition numbers 10.A. through D. E. The affected land shall be graded to prevent noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed areas shall be revegetated as per the revegetation plan approved by Mr. Phil Ricks, NC County Extension Director, with the NC Cooperative Extension Service, on February 1,2000,with the exception that rye grain be utilized instead of rye grass for a temporary ground cover. In addition,the permittee shall consult with a professional wildlife biologist with the NC Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4.- Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation shall be completed within two years of completion or termination of mining. 15. Did any of the above deficiencies result in offsite damage? E Yes ❑No If yes, describe the type and severity of the damage- �Cr6ssing on access road is badly rutted, carrying sediment into watercourse. 16. Corrective measures needed and/or taken: 1. Grade mining area slopes to a 3:1. Slopes are rutted and need smoothing. Provide temporary and permanent groundcover on all bare areas. The mining area does not appear to be able to retain water,thus a lake area is not established. Grade stockpiles to a 3:1 slope. Remove continued on backpage all offsite generated trash (burned mattress, etc). Grade mine bottom so that ponding water has positive drainage. Follow revegetation plan and establish groundcover. Follow reclamation plan. 17. Other recommendations and comments: Permit expired March 17, 2010. Permit requires reclamation within two years of termination of mining. UPDATE 3/14/2012 Met with Mr. McLamb on site. Described what was needed to reclaim site. Discussed positive drainage through site, smoothing of far slope and seeding(sub pine plantings?), knocking down stockpiles, and removal of sediment trap. He said he would work on the site promptly. He had concerns of four wheelers. I told him if he was doing his due diligence in the form of a gate, I can't hold him responsible. NOD sent last inspection gives deadline of30 days from receipt. The deadline is extended to 04/18/2012. t8. Is the Annual Reclamation Report+/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed Not received 19. Follow-up inspection needed? ® Yes ❑ No Proposed date April 18, 2010 20. No. of additional pages of Inspection Re t 0 21. Copy of Report sent to operator 03/14/2012 INSPECTED BY: Brian Lamb DATE 03/14/2012 Telephone No: 910-796-73 t4. Copy to file Cop�4 operator Copy to Mining Specialist RECEIVED MAR 12012 LAND QUALITY MINING PROGRAM Rodgers, Ashley From: Lambe, Brian Sent: Thursday, March 22, 2012 10:20 AM To: Rodgers, Ashley Subject: 10-51 Tarkiln Attachments: 10-51 032122012.pdf O i M J North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME Tarklin Mine 2. MINING PERMIT# 10-51 3. OPERATOR MAC Construction Comnany. LLC _ 4. COUNTY Brunswick 5. ADDRESS PO Box 777 Shallotte NC 28459' 551 Wagon Wheel Trail Calabash NC 28467 6. PERMIT EXPIRATION DATE 03/17/2010 7. RIVER BASIN Lumber 8. Person(s)contacted at site McLamb 9. Was mine operating at time of inspection? ❑ Yes ® No 10. Pictures? ❑ Yes ®No 11. Date last inspected: 03/14/2012 12. Any mining since last inspection? ❑ Yes ® No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No If no,explain: Permit expired. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ®No If no,explain: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter. C. Any areas used for wastepiles,screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. Onsite disposal of waste shall be in accordance with operating condition numbers I O.A. through D. E. The affected land shall be graded to prevent noxious or foul water. 3. Revegetation Plan: After site preparation,all disturbed areas shall be revegetated as per the revegetation plan approved by Mr. Phil Ricks,NC County Extension Director, with the NC Cooperative Extension Service, on February 1, 2000, with the exception that rye grain be utilized instead of rye grass for a temporary ground cover. In addition,the permittee shall consult with a professional wildlife biologist with the NC Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation shall be completed within two years of completion or termination of mining. 15. Did any of the above deficiencies result in offshe damage? ® Yes ❑No If yes,describe the type and severity of the damage: Crossing on access road is badly rutted, carrying sediment into watercourse. 16. Corrective measures needed and/or taken: Grade mining area slopes to a 3:1. Slopes are rutted and need smoothing. Provide temporary and permanent groundcover on all bare areas. The mining area does not appear to be able to retain water,thus a lake area is not established. Grade stockpiles to a 3:1 slope. Remove continued an back page all offsite generated trash(burned mattress, etc). Grade mine bottom so that ponding water has positive drainage. Follow revegetation plan and establish groundcover. After site is permanently stabilized, remove sediment basin and stabilize. Follow reclamation plan. Additionally,work needs to be done to access road at stream crossing. Stabilize the area with surge stone on the road for a length of 50 yards and grass on shoulders. You may need a rock check dam where concentrated flow leaves the road. Please call Brian Lambe if you have any questions. The bond has been scheduled to be terminated. You will need to re-instate this bond or get a new bond until the site is in a releasable condition. The deadline to re-instate the bond is April 17, 2012. Please contact Ashley Rogers regarding bond issues immediately 919-707-9225. 17. Other recommendations and comments: Permit expired March 17, 2010. Permit requires reclamation within two years of termination of mining. UPDATE 3/14/2012 Met with Mr. McLamb on site. Described what was needed to reclaim site. Discussed positive drainage through site, smoothing of far slope and seeding(sub pine plantings?), knocking down stockpiles,and removal of sediment trap. He said he would work on the site promptly. He had concerns of four wheelers. I told him if he was doing his due diligence in the form of a gate, I can't hold him responsible. NOD sent last inspection gives deadline of 30 days from receipt. The deadline is extended to 04/18/2012. UPDATE 3/21/2012 Met with Mr. McLamb on site. Bond has been cancelled. Stockpiles being knocked down. 18. is the Annual Reclamation Report+/-map accurate? ❑ Yes ❑ No(Explain) ® Not Reviewed Not received 19. Follow-up inspection needed? ® Yes ❑No Proposed date April 16, 2010 20. No. of additional pages of Inspection Report 0 21. Copy of Report sent to operator 03/21/2012 INSPECTED BY: Brian Lambe DATE 03/21/2012 Telephone No: 910-796-7314, Copy to file Copy to operator Copy to Mining Specialist Rodgers, Ashley From: Rodgers, Ashley Sent: Thursday, March 22, 2012 2:17 PM To: Rodgers, Ashley; Lambe, Brian W.3, mCLLtr►\b g I C?- 52o-a-),D=� Subject: RE: 10-51 Tarkiln Nevermind! I looked up their most recent report to the Secretary of State's office. I left a message for Mr. McLamb at that number telling him that although they are working on reclamation it won't be done before the date of the bond cancellation (since you would at least have to wait for the groundcover to establish even if everything else gets done). I said that they should go ahead and reinstate or replace the bond and left my name and number for him to call with questions. Ashley Rodgers Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (919) 707-9220 (919) 715-8801 -fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Rodgers, Ashley Sent: Thursday, March 22, 2012 2:11 PM To: Lambe, Brian Subject: RE: 10-51 Tarkiln Thanks, Brian! Do you happen to have a phone number for Mr. McLamb? I tried the one from the permit application (and ]BEAM) and it's Barnhill's number now... I'm trying to google him and the company. Do you have a better number? The one I have was (910) 754-7177, Ashley Rodgers Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (919) 707-9220 (919) 715-8801- fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Lambe, Brian Sent: Thursday, March 22, 2012 10:20 AM To: Rodgers, Ashley Subject: 10-51 Tarkiln 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist March 19, 2012 Dee Freeman, Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED BOND CANCELLATION & FORFEITURE NOTICE 7008 1300 0000 1125 7405 7008 1300 0000 1125 7412 Mr. T.A. McLamb Ms. Beverly Ivey MAC Construction Company Ohio Casualty Insurance Company PO Box 777 c/o Liberty Mutual Shallotte, North Carolina 28459 PO Box 49669 Charlotte, North Carolina 28277 7008 1300 0000 1125 7429 Mr. W.J. McLamb MAC Construction Company 551 Wagon Wheel Trail Calabash, North Carolina 28467 RE: Tarkiln Mine Expired Permit No. 10-51 Brunswick County Lumber River Basin Dear Messrs. McLamb and Ms. Ivey: This office has received notification of Ohio Casualty Insurance Company's intent to cancel MAC Construction Company's $14,900.00 mine reclamation bond (Bond No. 3602673). Although the notice states the effective cancellation date is May 15, 2012, G.S. 74-54 states that cancellation by the surety shall.be effectuated only upon 60 days written notice to the Department and the operator. This office received Ohio Casualty Insurance Company's notice on March 19, 2012. Therefore, the effective date for cancellation of this bond is May 18, 2012. Please note that if the bond is not reinstated or replaced or the site is not completely reclaimed by April 18. 2012, the Department will proceed with bond forfeiture action. Should any further mining activities occur at the site, such activities will be considered mining without a permit and subject to further enforcement action, such as civil penalties and injunctive relief. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-707-9220 I FAX: 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina,27604 Internet:http://portal.ncdenr.org/webAr/land-quality An Equal Opportunity l Affirmative Action Employer—50%Recycled 110%Post Consumer Paper CERTIFIED MAIL Messrs. McLamb and Ms. Ivey Page 2 Please be advised that this reclamation bond must remain in full force and effect until it is reinstated or replaced, or the site is completely reclaimed and deemed releasable by the Department. A review of our records indicates that the mining permit for the above referenced mine site has expired. Therefore, all mining activities must cease at the site and a valid mine reclamation bond must remain in effect until all outstanding reclamation obligations have been met at the site. As a surety is required to be maintained until final reclamation of the site has been completed, please arrange to substitute this bond. I am enclosing another surety form, an assignment of savings account form and an irrevocable standby letter of credit form, any of which may be used to replace the existing surety. If a substitute reclamation bond is not received by this office within this deadline, or if reclamation of the site has not commenced and is proceeding in a timely manner by this deadline, this matter will be referred to the Attorney General's Office for initiation of bond forfeiture proceedings under G.S. 74-56(d) to ensure proper reclamation of the mine site. In addition, failure to address the terms of this Notice may result in the assessment of civil penalties and/or injunctive relief against the permittee. Note that although the cancellation notice from Ohio Casualty insurance Company indicates that this is a $6,600.00 surety bond, this office has never received a rider reducing the bond amount from $14,900.00 to $6,600.00. As $6,600.00 is the required surety for Expired Mining Permit No. 10-51, you may wish to reduce this bond to $6,600.00 at reinstatement. Alternatively, if you choose to replace (rather than reinstate) the above referenced bond, you may wish to do so with a new reclamation bond in the amount of $6,600.00. Please contact me at (919) 707-9220 as soon as possible to convey your intentions in this matter. Your cooperation will be greatly appreciated. Sincerely, O'd,b U d ;a 0 ,eta.) Ashley L. Rodgers Assistant State Mining Specialist Land Quality Section Enclosures: Bond Forms Bond Guidelines cc: Mr. Dan Sams, PE Ms. Jane L.,Oliver, Esq., Attorney General's Office Ms. Kathy Cooper, Esq., Attorney General's Office k North Carolina Secretary of State Page 1 of 1 North Carolina Elaine F. Marshall DEFARTMENT of THE Secretary SECRETARY OF STATE rO 4ox 29622 Raleigh,INC 27626.0622 (919)007-2000 Date: 3/19/2012 Click here to: View Document Filings I File an Annual Report I Print apre-populated Annual Report Form I J Print a pre-populated Amended Annual Report Form I Corporation Names Name Name Type NC MAC CONSTRUCTION LEGAL COMPANY Business Corporation Information SOSID: 0088581 Status: Current-Active Effective Date: 1/18/1966 Annual Report Due Date: Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: MCLAMB JR,W J Office Address: 551 WAGON WHEEL TRAIL CALABASH NC 28467 Mailing Address: 551 WAGON WHEEL TRAIL CALABASH NC 28467 Principal Office Office Address: 551 WAGON WHEEL TRAIL CALABASH NC 28467 Mailing Address: 551 WAGON WHEEL TRAIL CALABASH NC 28467 Officers Title: PRESIDENT Name: W J MCLAMB Business Address: 551 WAGON WHEEL TRAIL CALABASH NC 28467 Stock Class Shares No Par Value Par Value COMMON 2500 100 This website is provided to the public as a part of the Secretary of State Knowledge Base(SOSKB)system.Version: 2397 http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=4813 843 3/19/2012 Roomers, Ashley From: Rodgers, Ashley Sent: Monday, March 19, 2012 5:04 PM To: Sams, Dan Cc: Lambe, Brian Subject: Bond Cancellation (10-51) Attachments: 10-51 bcn.pdf Dan, See attached bond cancellation for expired mining permit no. 10-51 (Tarkiln Mine). Please inspect for bond cancellation ASAP. I noticed that Brian had already been out there recently and that you guys had issued a NOD for reclamation conditions.... I will try to call Mr. McLamb tomorrow to let him know this is coming. Thanks, Ashley Rodgers Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (919)707-9220 (919).715-8801-fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 �b - 51 Liberty Mutual. NOTICE OF CANCELLATION AND/OR TERMINATION CERTIFIED MAIL-RETURN RECEIPT REQUESTED March 15,2012 STATE OF NORTH CAROLINA D E N R-LAND QUALITY SECT 1612 MAIL SERVICE CENTER RALEIGH, NC 27699-1612 Bond Number: Cross Reference: Principal: MAC CONSTRUCTION COMPANY Present Penal Sum: 6600.00 USD Bond Description: Removal of Sand and Gravel-Not Involving Restoration of Land Original Effective Date: February 05. 2003 Cancel Date: May 15, 2012 We hereby cancel the above referenced bond in accordance with the cancellation/termination provisions contained in the bond. If, for any reason, the effective date of this Notice does not fully comply with the cancellation/termination provisions contained in the bond,then this Notice shall be deemed amended to contain the earliest effective date which is in compliance with the provisions of the bond. REASON: In Accordance with Company Standards Cancellation Reason Comments: REPLY TO: o Casualty Insurance Company Charlotte P.O. Box 49669 By- = Charlotte, NC 28277 Attorn y-in-Fact 800-763-9247 Fax: 866-548-6575 copy MAC CONSTRUCTION COMPANY ® Obligee P O BOX 777 ® Principal SHALLOTTE, NC 28459 ❑ Producer ❑ Home Office ❑ Underwriting Office LMIC-3200 LAND QUALITY SECTION Budget No.: 1731 Date Rec'd: 02/11/03 Operator: MAC CONSTRUCTION COMPANY Type Security: SURETY Security Number: Bank: THE OHIO CASUALTY INSURANCE COMPANY City: RALEIGH Debit: $14,900.00 Credit: Date Released: Permit No.: 10-51 /Q Comments: Increased from $6,600 to $14,900 eff. 4/22/2003 Received by Date Released by Date D-.5 iD- .1S was bra ,vea 10 ap,rv�l,'11 ( ib�, 7--00S T . AAw The Ohio Casualty Insurance Company L003 o6 Hamilton,Ohio APR 2 RIDER CHANGING AMOUNT OF BOND ,. , r WHEREAS,on or about Fabruary 5. 20Q3 � The Ohio Casualty Insurance Company is Surety,(hereinafter called the Surety)issued its Bond No. on behalf of in favor of The State of North Carolina, Land Quality Section in the amount of Six thousand, six hundred dollars Dollars S 6, 600.00 and WHEREAS,it is the des re o tlhsxagies VFW B(r'd t at thyrount there�fshall be increased/decrensed as hereinafter provided; toInc u on or um er ver as In NOW,THEREFORE, it is hereby stipulated and agreed that,with respect to any loss or losses sustained through acts or omissions occurring on or after April 22, 2003 the amount originally stated in said Bond(or the amount to which said original amount may have been subsequently changed by rider) is hereby increased/decreased to Fourteen thousand, nine hundred dollars Dollars S 14,900.00 Provided, however, (1) that the liability of the Surety for any loss sustained through acts or omissions occurring in any period during which the coverage shall have been in the same amount shall be limited to the amount of coverage in force at the time such acts or omissions occur, and provided further that the aggregate liability of the Surety for any and all losses sustained through acts or omissions occurring during the life of said bond, irrespective of the number of changes made in the amount thereof,shall not be cumulative as to periods during which the coverage was in different amounts, and shall not in any event exceed the largest amount of said bond at any one time; (2) if the attached bond contains a provision limiting the time for discovery of loss after the cancellation of the bond, and if this rider decreases the amount of said bond, the amount by which the coverage is decreased shall be considered as having been canceled as of the effective date of such decrease for the purpose of computing the period allowed for the discovery of loss. Signed,Sealed and Dated: Ayril14, 2003�20033 Principal The Oh' Casualty Ins ranee Compan B Agreed to and accepted by: s' Rider Changing Amount of Bond (Not to he used with Fidelity or Blanket Bonds) S-3863 CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY No.36-605 Knox All Mon by Those Presents: That THE OHIO CASUALTY INSURANCE COMPANY,an Ohio Corporation.and WEST AMERICAN INSURANCE COMPANY-in Indiana Corporation,in pursuance of authority granted by Article VI, Section 7 oPlhe By-Laws of The Ohio Casualty Insurance Company and Article Vt, Section I of West American Insurance Company,do hereby nominate,constitute and appoint: George Tenuta,Jr.,Robert D. Phillips,Michael B, Burkinshaw,Linda D. Scott or John if.Ward of Wilmington,North Carolina its true and lawful agent(s)and auomey(s)-in-fact,to make,execute,seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS.UNDERTAKINGS.and RECOGNIZANCF-S excluding,ho%vevcr.any bond(s)or undcrtaking(s)guaranteeing the payment of Watts and interest thereon And the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies.as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Companies at their adminisimtk v offices in Hamilton.Ohio,in their own proper persuus. The aurhority granted hereunder supersedes any previous authority heretofore granted the above named attomey(s)-in-fact, In WITNESS WHEREOF.the undersigned officer of the said The Ohio Casualty Insurance Company and Aittericart Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 18th day of November,2002. µ,i X,r' J' n o:, SEAL ': 2 ; f j di.rr -� Sam Lawrence,Assistant Secretary STATE OF OHIO. COUNTY OF BUTLER On this 181h day of November,2002 before the subscriber,a Notary Public of the State of Ohio,in and for the County of Butler,duly commissioned and qualified,came Sam Lawrence,Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY,to me personally known to be the individual and officer described in,and who executed the preceding instrument,and he acknowledged the execution of the same,and being by me duly swum delmseth and saith, that lie is the officer of the Companies aforesaid,and that the seals affixed to the preceding instrument arc the Corporate Seals of said Corn panics,and the said Corporate Seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations, IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal at the City of Hamilton,State of Ohio,the day and year first above written. t1Ju rri� r �rertx U V Notary Public in and for County of Butler,State of Ohio My Commission expires August 6,2007. This power of attorney is granted under and by authority of Article VI,Section 7 of the By-Laws of The Ohio Casualty Insurance Company and Article VI,Section I of West American Insurance Company,extracts from which read: Article VI,Section 7.APPOINTMENT OF ATTORNEYS-IN-FACT,ETC. -The chairman of she board,the president,any vice-president,the secretary or any assistant secretary of each of these Companies shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the Companies as surety to,and to execute,attach the corporate seal,acknowledge and deliver any and all bonds,recognizanees,stipulations,undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual,firm,corporation,or the official representative thereof,or to any courtly or state,or any official board or boards of county or state,or the United States of America,or to any other political subdivision." Article VI,Section 1, APPOINTMENT OF RESIDENT OFFICERS. '"Me Chairman of the Board,the President,any Vice President,a Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint attorneys in fact for she purpose of signing the name of the corporation as surety or guarantor,and to execute,attach the corporate seal,acknowledge and deliver any and all bonds,recognizantes,stipulations,undertakings or other instruments of surety-ship or guarantee,and policies of insurance to be given in favor of an individual,firm,corporation,or the official representative thereof,or to any county or state,or any official board or boards of any County or state,or the United States of America,or to any other political subdivision," This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the respective directors of the Companies(adapted May 27, 1970-The Ohio Casualty Insurance Company;adopted April 24.1980-West American Insurance Company): "RESOLVED that the signature of any officer of the Company authorized by the By-Laws to appoint attorneys in fact,the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile io any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal,to be valid and binding upon the Company with the same force and effect as though manually affixed." CERTIFICATE t,the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West Amctican Insurance Company,do hereby certify that the foregoing power of It ey, the referenced By-Laws of the Companies and the above Resolution of their Boards of Directors tote and correc opies audare in full pry nc fect on this 0- esIN WITNESS WHEREOF,I have hereunto set my hand and the seals of the Compani this day of tyW n XX IXl11,�1 SE:►Li SEAL IGr+E7^"w`/ Assistant Secretary S4300 LAND QUALITY SECTION Budget No.: 1731 Date Rec'd: 02/11/03 Operator: MAC CONSTRUCTION COMPANY Type Security: SURETY Security Number. Bank: THE OHIO CASUALTY INSURANCE COMPANY City: RALEIGH Debit: $6,600.00 Credit: Date Released: Permit No.: 10-51 Comments: Received by '��`• � ' Date Released by Date STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAC11y Land Quality Section FEB 003Bond Pursuant to "The Mining Act of 197(G. S . 74-46 through G . S . 74-68) KNOW ALL MEN BY THESE PRESENTS, That MAC CONSTRUCTION COMPANY a CORPORATION _ and having its principal office at in the State of NORTH CAR01,1NA as principal, and THE OHIO CASUALTY INSURANCE COMPAl1. a corporation organized under the laws of the State of MARYLAND and duly authorized by the Insurance Commissioner of North Carolina to do business in North Carolina, with an office located at 26!9 w*G131-FF ROAD in the City of SAT t~T H North Carolina, as surety, are held and firmly bound unto the State of North Carolina in the sum of $6,60n nn - Bond No. ■_� lawful money of the United States of America, to the payment of which will and truly be made, we bind ourselves, our heirs, administrators and successors jointly and severally, firmly by these presents . Signed, sealed and delivered this 5TH day of EBRU RY THE CONDITIONS OF THIS BOND ARE SUCH, That Whereas, the said MAC CONST-RUCT-IGN_GOMPANl conducts or will conduct mining operations in North Carolina as described in the application for an operating permit which includes a Reclamation Plan as provided in G.S . 74-S3 and has obtained approval of this application on the day of 19_--,--.- from the Department of Environment and Natural Resources . nliu+rin"rnullrnlllnnnlinnnlllluullanuiini"t1�II/rIIIIIIElIIIIIIIIIII!liiirrllllllilllllllllllllll!IINIIIIIIII111111111111ililllllllllllllllllllllllllllillil •,� . iEDccORT, _� ��o ca _ MAC CANS- - TBUUGTION IF shall comply with the requirements set forth in "The Mining Act of 1971" (G. S . 74-46 through 74-68) and with the rules and regulations arircted pursuant thereto and faithfully perform all obligations under his approved Reclamation Plan then this obligation shall be null and void; otherwise :.o be and remain in f_:, l force and effect until released by the Department of Environment and Natural Resources in accordance with G. S . 74-56 or canceled by the surety. Cancellation by the surety shall be effectuated only upon 60 days written notice thereof to the Department of Environment and Natural Resources and the operator as provided in G. S . 74-54 . ATTEST: Secretary or Principal Assistant Secretary ( Attach ) By ( Corporate Seal ) , Vice President, (here of Corporation) 9-- rtrrers, _t'HE 01110 Cec11eTTY. !NSU NCE �AM12Al� - - - - - —'- ---- ar ry vrrs ae , Surety Countersigned at WILMINGTON North Carolina By esident Agent of N. C. A nt and Attor in Fact *PLEASE MAIL. THIS FORM AND THE ATTACHED POWER OF ATTORNEY TO THE FOLLOWING ADDRESS : DENR-LAND QUALITY SECTION 1612 MAIL SERVICE CENTER RALEIGH, NC 27699-1612 Page 2 of 2 CERTIFIED COPY OF POWER OF ATTORNEY 'F'IIE OFFIf}CASUALTY iNSVIZANCF.C-[7,MRANY WES"f AMERICAN INSURANCE COMPANY No.36-605 Kdor All Man by Those Presents: That THE OHIO CASUALTY INSURANCE COMPANY,an Ohio Corporation,and WEST AMERICAN INSURANCE COMPANY,an Indiana Corporation•in pursuance of authority granted by Article VI.Section 7 of the By-Laws of The Ohio Casualty Insurance Company and Article VF. Section I of West American Fnsunince Cornpa ny.do Ilerchy nominate,cmtstitute and appoint: George Tenuta,Jr.,Robert I).Phillips,Michael H. purkinshaw,Linda D. Scutt or John II,Ward of Wilmington,North Carolina its true and lawful agent(s)and anornoy(s)•in-fact•to make.execute,seal,and deliver far and on its behalf as surety, and as its act and deed any and all BONDS.UNDERTAKINGS,and RECOGNIZANCES excluding,however,any bond(s)or undertakings)guaranteeing the payment of autes and interest thercou And doe execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as bdly mad ornply.,n all inrCrns:eml purposes,as if they had been duly executed and acknowledged by the regularly elected ol'licers ul the Companies at their administrative offices in Hamilton.Ohio,in their own proper persons_ 111e audu,ritr granted hcrcundcr superscdcs;ury previous authority herctolorc granted the above named altomcy(s)-in-fact_ In WITNESS WHEREOF.the undersigned officer of the said'Ilw Obio Casualty Insurance Cumpany and West American Insurance Company hat hercuruo„1h>tnbed his name and affixed the Corporate Scal ofeach Company-this 1Nih day of November,2002. t��r 'M,MfYRi Sam Lawrence,Assistant Secretary STATE OF OHIO, COUNTY OF 13UTLER On this Iffth day of November,2002 before the subscriber,a Notary Public of the State of Ohio,in and for the County of Butler,duly commissioned and qualified,came Sam Lawrence,Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY,to me personally known to be the individual and officer described in,and who executed the preceding instrument,and he acknowledged the execution of the same,and being by me duly swam depmseth and saith, that he is the officer of the Companies aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and the said Corporate Seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal at the City of Hamilton,State of Ohio,the day and year first above written. �rr4 r n Notary Public in and I'or County of Butler,State of-Ohio My Commission expires August 6,2007. This power of attorney is granted under and by authority of Article V),Section 7 of the By-Laws of The Ohio Casualty Insurance Company and Article VI,Section I of West American Insurance Company,extracts from which read: Article VI,Section 7.APPOINTMENT OF ATTORNEYS-IN-FACT,ETC. "The chairman of the board,the president,any vice-president,the secretary or any assistant secretary of each of these Companies shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the Companies as surely to,and to execute,attach the corporate seal,acknowledge and deliver any and all bonds,rccognizances,stipulations,undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual,firm,corporation,or the official representative thereof,or to any county or state,or any official board or boards of county or state,or the United States of America,or to any other political subdivision." Article VI,Section 1, APPOINTMENT OF RESIDENT OFFICERS. "line Chairman of the Board,the President,any Vice President,a Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority io appoint attorneys in fact for the purpose of signing the name of the corporation as surety or guarantor,and to execute,attach the corporate seal,acknowledge and deliver any and all bonds,recognizances,stipulations,undertakings or other instruments of surety-ship or guarantee,and policies of insurance to be given in favor of an individual,firm,corporation,or the official representative thereof,or to any county or state,or any official board or boards of any county or state.or the United States of Amcrica,or to any other political subdivision.", This instrument is signed and scaled by facsimile as authorized by the following Resolution adopted by the respective directors of the Companies(adopted May 27, 1970-The Ohio Casualty Insurance Company;adopted April 24,1980-West American Insurance Company): "RESOLVED that the signature of any officer of the Company authorized by the By-Laws to appoint attorneys in fact,the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal,to be valid and binding upuu the Company with the same force and effect as though manually affixed." ..� CERTIFICATE .. 1,the undersigned Assistant Secretary of The Ohio Casualty Insumnee Company and West American Insurance Company,do hereby cerifr that the far-going power of altorracy, the referenced By-Laws of the Companies and the above Resolution of their Boards of Directors are true and correct copies and am-in full force and effect on this date. IN WITNESS WHEREOF,1 have hereunto set my hand and the seals of the Companies this ST1 day of„ FEBR U A nv Q �.ins ►+!rwsY 'P • SEAL '� ' SEAL •o �: � ��'�"C ��7�+�^�'/ Assistant Secretary 5-4300 02/10/2003 10:52 9107547179 MAC CONSTRUCTION COM PAGE 01 t MAC CONSTRUCTION COMPANY P.O.BOX 777 SHALLOT1'E,N.G 28459 TELEPHONE (910) 7-54-7177 FAX (910) 754-1170 FAX COVER SHEEP DATE: . PAGES-FAXED(inelmdiug cover sheet): MESSAGE: ' !" AA A 02/10/2003 10:52 9107547179 MAC CONSTRUCTION COM PAGE 02 5 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Land Qualit, Section Bond Pursuant to "The Mining Act of 197111 (G.S . 74-46 through G. S. 74-68) KNOW ALL MEN HY THESE PRESENTS, That MAC CONSTRUCTION COMPANY a � �{�>�3I+L _ _ - _ and having its principal of f ice at TEt CA&0LIOTA 28459 in the State of _____NM1L!`ARl17.ThTA .as principal, and THE QH10 CA.SuAi.T-Y-__INSifR8Atf P CC)XTA_Ny --- -- -- - a corporation organized under the laws of the State of MARYLAND and duly' authorized by the Insurance Commissioner of North Carolina to do business in 'North Carolina, with an office Iodated at 261Q W:r Gr Tn•r ROAD ,. in. the City of aerF�r�T,r�_ _ North Carolina,, as surety, are held and firmly bound unto the state of North Carolina in the.- sum -of 46,6ao.A.D.,.._........ Bond No. _ ■ lawful money of the limited States of America., to the payment of which will and, trui be made, we bind ourselves, our heirs, administrators and successors jointly and severally, firmly by these presents . Signed, sealed and delivered this srTll day of FEBRUARY 03 THE CONDITIONS of THIS BOND ARE SUCH, That Whereas.,, the said conducts or will , conduct mining operations in ' North Carolina a$ described in the .appli-cation for an operating permit which includes a Reclamation Plan as provided in G.S. 14-53 and has obtained approval of this application on the day of from the Department of- Environment and Natural Resources . rrihn?ufrflrnirriiFTRrtlrrttrfiiIlintllnnllnrnitrutlt�rrtT11t1nrlrmnttl3ntttriuriru111tIIH1In11111rIIIr�liulnrl1f�11T1T�ff1p311UiIINnlllllllllllll � 02/10/2003 10:52 9107547179 MAC CONSTRUCTION COM PAGE 03 NOW 'THEREFORE, 1f the sazr_: Shall comply with the requirements set forth ij "The Mining Act of 197111 (G. S . 74-46 through 74-68) and with the rules and regulations adopted pursuant thereto and faithfully perform all obligations under his approved ReclamaEion Plan then this obligat-ion shall be null and void; otherwise to be- and remain . iri full force and effect until released .by the Department of Environment and Natural Resources in accordance'-with G. S. 74-56 or canceled by .the surety. Cancellation by the surety shall be effectuated on.1y upon '60 days written notice thereof to the Department of Environment and Natural Resources and the operator as provided in ATTEST: NFANY Secretary or . Principal Assistant Secretary ( Attach, ' ) By ( Corporate Seal ) -P"=td=t, vice Presicient, .(here of Co,rporation3 THE nml"-�SUAI Surety Countersigned at ' WILMINGTON, North• Carolina Ey esident' ent of N.C. A nt and Atta in Fact *PLEASE +,rr; Tura FO2RM AND TF3E..ATSBCHFn O ER OF ATTS�R�L TO THE FOLLOWING ,ADDRESS : DENRcLAND QUALITY SECTION 1612 P+IATL- SERVICE CENTER RALEIGH, NC 27699-1612 Page 2 of 2 02/10/2003 10: 52 9107547179 MAC CONSTRUCTION COM PAGE 04 CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN(NSURANCt COMPANY Na,36-605 "01W All Men by These Proaaritat That"rU OIifO CASUALTY INSURANCE COMPANY,nn Ohio Corporation,and WET AMERICAN'INSLMANCE COMPANY,an Indiana Corporation,in pursuance of,authority granted by Article Vf,Section 7 of the By-Laws of The Ohio Casualty htsuranac Company and Article YI, Section I of West American Insurance Company,do hereby nominate,eonsuitac and appoint; George Tenuta,Jr.,Robert D,Phillips,Michael B.Burkinshaw,Linda D. Scott or John H.Ward of Wilmington,North Carolina its true and lawful agent(s)and attorney(s)•in•fact,to make,execute,seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS,UNDERTAKINGS,and RI COGNIZANCES excluding,however,any bund(s)or undertaking(s)guaranteeing late payment of notes and interest thereon And the execution of such bonds or undertaltings in pursuatste of tltoae preseute,shall be as binding upon said Companies,us fully and ample,to all iotmw.end purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Companies at dtoir adndnistrativa offices in Hamilton.Ohio,in their own proper persons, The authority granted hereunder supersedes any previous authority heretofore granted the above named attomey(s)-in-fact, In WITNESS WFft l SOF,the undersigned offfccr of the said The Ohio Casualty Insurance Company and.West American Insuranca Company has hereunto subscribed his name and daffixod the Corporate Sea;of each Cbornpsay this IAth flay Of November,2002. r o' SEAL = b .SEAL .�• Sant Laurence,A"farit Secretary STATE OF OHIO, COUNTY OF BUTLER On this I8th day of November,2002'before the subscriber,a Notary Public of the State of Ohio,in and for the County of Butler,duly commissioned and qualified.came Sam Lawrence,Assistant Secretary of THE OHIO CASOALTY INSURANCE CONWANY and WEST AMERICAN INSURANCE COW. ANY,to me petsonetly known to be the individual aad nfflcer described in,and who executed the preceding instrument,and he acknowledpil the execution of the some,and being by me duly sworn deposeth mid tai8t, that he is the officer of the Companies aforesaid,and that the scats affixed 10 the pteeedinq instrument rue the Corporate Scale of said Companies,and the said Corporate Scale and his signature as officer wera.duly affixed and subscribed to the said lasantment by the authority and direction of the said Cotporatiom, INTESTIMONY WHEREOF,I have horeunto sat my hand and alftxrd my Official Seat rot the City of HarnifreA,State of Ohio,the day and year first above written. Notary Public in and for County of Bader,State of Chia My Coaumission expires August 6,2007.' This power of atomey is granted under and by authority of Article Vl.Section 7 of the By-Laws of The Ohio Casualty Insurance Company and Article VI,Section 1 of West American Insurance Company,extracti from which read Article VI,Secticn 7.APPOW ffrdNT OF ATTORNEYS-IN-FACT,ETC. "The chairman of the board,the president,any vice-president,the secretary ar Cny assistant secretary of each of these Companies shall be and is hereby vested with full power and authority to appoint attorneys-in-fact-for the purpose of signing the came of lbe Companies as surety to,and to eneckite,preach rho t orparhte seal,acknowledge and deliver any and all bonds,rrcogni&inacs,stipulations,undertakings or other tnitruutenLS of. suretyship mod policies of insurance to be given in favor.of any individual,fun,catporytion,or the offirLo representative thereof,or to any county or state,or arty officiiii board or h=4 of county or state,or the United Scat-s of America,or to any other political sulicl ;lion." Article VI,Section l:APPOI),i1 ENT OF RESIDENT OFFICERS. "The Chairman of the Board,the President,any Via President,a Secretary or'amy Assistant Secretary shall be and is hereby vested with foil power and atltbatin•to appOW 21,90meys in fact for the purpose of signing the name of the corporation m surety or gttarantan Rnd to irxeculs,attach the corporate seal,acknowledge and deliver any and AI bonds,reeotfni=cai,atipuladons,uAd[ertWngs or other jus"mMls of surety-ship or guarantee,and policiei of intturance to he given in favor of an individual,fum,corporation,or the official mpresonlative thereof,or to any county or state,or any official board or boards of any county or state,or the United States 0f Aafterica,or to any other political subdivision." This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the reapectve directors of the Companies(adopted May 27,1970-'lbe Oitio Casualty hrsurm=Company:adopted April 24;I DaO;West American Insurance Company): "RESOLVED that the sigrnature of any offic"of the Company aWtorized by the By-Laws to appoint attorneys in fact,the signature of the Secretary or any Assistant Secretory certifying to lha.eorreebiest eatiy Copy of a power of attorney and the seal of the Company may be affixed by facaimiie io'nny power of attorney or copy thereof issued on babilf of the COmpnrry, Such signaaures mid real ere hereby adopted by for Company as original signatures and seal,to be valid and binding uputs the Company with the same force and effect as though manually affixed." - 7 CCRTMCATE I,the utdersigned Assistant Secretary of The Ohio Casustty Insurance Company and West Anetican Insurance Company,do hereby cenifyt That the fcregoing power of attonicy, the refexe nc d By-Laws of the Cctrrrpanies ind the above Resolution of their Boards of Directors are true and correct copies and are in full farce and gflect Ott this da:e. IN WrIM-8S'WHZREOF,I have herc�run:o sot my hared and the souls of the Companies Lhis'"5T.j,day of r't rtnrr,s av .-TI-00 tr �f 3LAL iT •, 5EAL f ���Grj�1i.�/ r Assistant Secretary S-4300 LAND QUALITY SECTION Budget No.: 1668 Date Rec'd: 05/06/02 Operator: MAC CONSTRUCTION COMPANY Type Security: SURETY Security Number: Bank: SELECTIVE INSURANCE CO OF AMERICA City: CHARLOTTE Debit: $8,300.00 Credit: $8,300.00 Date Released: 04/23/03 Permit No.: 10-25 Comments: Received by Date Released by !1C'- f Date — �C��- LAND QUALITY SECTION Budget No.: 1668 Date Rec'd: 05/06/02 Operator: MAC CONSTRUCTION COMPANY Type Security: SURETY Security Number: Bank: SELECTIVE INSURANCE CO OF AMERICA City: CHARLOTTE Debit: $8,300.00 Credit: Date Released: Permit No.: 10-25 Comments: Received by Date '^ t�"—Zao Released by Date STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL VED Land Quality Section MAY 0 6 2002 Bond Pursuant to "The Mining Act of 197 y: (G. S . 74-46 through G. S . 74-68) KNOW ALL MEN BY THESE PRESENTS, That MAC. CQNS1R1TC:TTnN rnMPAW a CORPORATION and having its principal office at P.O. BOX 338 , SHALLOTTE_ NORTH CAROLINA 28459 in the State of NORTH CAROLINA as principal , and SELECTIVE INSURANCE COMPANY OF AMERICA a corporation organized under the laws of the State of NEW JERSEY and duly authorized by the Insurance Commissioner of North Carolina to do business in North Carolina, with an office located at 3490 1091SW N WAY, SUITE 300 in the City of CHART OXTE, , North Carolina, as surety, are held and firmly bound unto the State of North Carolina in the sum of _ $winn nn _ _ Bond No . lawful money of the United States of America, to the payment of which will and truly be made, we bind ourselves, our heirs, administrators and c successors jointly and severally, firmly by these presents . Signed, sealed and delivered this iRT day of _ MAv IK� 2002 THE CONDITIONS OF THIS BOND ARE SUCH, That Whereas, the said MAC CONSTRUCTION COMPANY conducts or will conduct mining operations in North Carolina as described in the application for an operating permit which includes a Reclamation Plan as provided in G. S . 74-53 and has obtained approval of this application on the day of 1 19 from the Department of Environment and Natural Resources . NOW THEREFORE, if the said shall comply with the requirements set forth in "The Mining Act of 1971" (G.S . 74-46 through 74-68) and with the rules and regulations adopted pursuant thereto and faithfully perform all obligations under his approved Reclamation Plan then this obligation shall be null and void; otherwise ' to . be and remain in full force and effect until released by the Department of Environment and Natural Resources in accordance with G. S . 74-56 or canceled by the surety. Cancellation by the surety shall be effectuated only upon 60 days written notice thereof to the Department of Environment and Natural Resources and the operator as provided in G. S . 74-54 . ATTEST: zo- n MA!' (`ONSZEUXTION COMPAY9 Principal Assistant Secretary ( Attach ) By ( Corporate Seal ) esi ent, , (here of Corporation) SELECTIVE INSURANCE COMPANY OF AMERICA Surety Countersigned at WILMINGTON NORTH CAROLINA North Carolina y sident Agent of N.C . ge t and A orney in L�act *PLEASE MAIL THIS EQRM AND THE AIMICHED POWER Q? ATTORNEY TO THE FOLLOWING ADDRESS : DENR-LAND QUALITY SECTION 1612 MAIL SERVICE CENTER RALEIGH, NC 27699-1612 Page 2 of 2 Selective Insurance Company of America 40 Wantage Avenue Branchville, New Jersey 07890 973-948-3000 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Selective Insurance Company of America, a New Jersey cor- poration having its principal office in Branchville, State of New Jersey, pursuant to Article VII, Section 13 of the By- lawss of said Company, to wit: "The Chairman of the Board, President, any Vice Presidents or the Secretary may, from time to time, appoint attor- neys in fact, and agents to act for and on behalf of the Company and they may give such appointee such authority, as. his/her certificate of authority may prescribe, to sign with the Company's name and seal with the Company's seal, bonds, recognizances, contracts of indemnity and other writings obligatory in the nature of a bond, recognizance or conditional undertaking, and any of said Officers may, at any time, remove any such appointee and revoke the power and authority given him/her. oes hereby make constitute and appoinr ANNA J. ROURK, KIRK M.GLOCKNER,LINDA D.SCOTT, JONATHON T. DAVIS,JOHN HOWA'RD WARD,MICHAEL B.BURKINSHAW its true and lawful Attorney-in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds, undertakings, recognizances, contracts of indemnity, or other writings obligatory in the nature of a bond sub- ject to the following limitations: NO ONE BOND TO EXCEED THREE MILLION DOLLARS($3,000,000.00) and to bind the Selective Insurance Company of America thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Selective Insurance Company of America, and all the acts of said- Attorney are hereby ratified and confirmed. IN WITNESS WHEREOF, the Selective Insurance Company of America has caused these presents to be signed by its Senior Vice President and its corporate seal to the hereto affixed this 30TH day of O MAY 2001 a�OCE COMpq 0 Selective Insuran e om BY: State of New Jersey Antonio/C. Al C. Senior ice P nt UCounty of Sussex 2 1926 On this 30TH day of MAY 2001 before the subscribe No 4bli to o ew Jersey in <` and for the County of Sussex duly commissioned and qualified,came Antonio C.Albanese of the Selective Insura a Co erica, me personally:'y known to be the officer described herein,and who executed the preceding instrument,and he acknowledged the exec ' n of tkr�CamC. eing by me duly._;' sworn,deposed and said that he is an officer of said Company aforesaid;that the seal affixed to the preceding instrument u seal of said Company, and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the Company;that Article VII,Section 13 of the By-Laws of said Company is now in force. IN WITNESS WHEREOF,l have hereunto set my hand and affixed my official seal at Branchville, ew rsey this N�A�AST 30TH day of MAY 2001 LORRAINE A. PETERSEN N � NOTARY PUBLIC OF NEW JERSEY uU . 0 _ - COMMISSION EXPIRES AUG. 30, 2003 AUBLNG r' The power of attorney is signed and sealed by facsimile under and by the authority of lQwin of on adoppted`' by the Board of Directors of Selective Insurance Company of America at a meeting du on the Gth of,``: February 1987, to wit: "RESOLVED, the Board of Directors of Selective Insurance Company of America authorizes and approves the use of-,- a facsimile corporate seal, facsimile signatures of corporate officers and notarial acknowledgements thereof on powers of attorney for the execution of bonds, recognizances, contracts of indemnity and other writings obligatory in the. nature of bond, recognizance or conditional undertaking......." I,Patricia A.Fulkrod,Assistant Secretary of the Selective Insurance Company of America,do hereby certify that the above and foregoing is a true and correct copy.' of a Power of Attorney executed by said Company which is still in full force and effect. IN WITNESIEREOF,I have hereunto set my h �affixed the seal of said Company at I3 c vt New Jersey th:s _Ll;.L day of tt��qqSS ((��11//������ Assistant Secretary - F he RED border on the IaMAh906C1rMent has a security VOID background pattern.It it is not RED and the word VOID is Visible,this is not a certified copy.Telephone us at Area Code 973.948-300t7. LAND QUALITY SECTION Budget No.: 1463 Date Rec'd: 03/08/00 Operator. MAC CONSTRUCTION COMPANY Type Security: SURETY Security Number. Bank: SELECTIVE INSURANCE COMPANY OF AMERICA City: CHARLOTTE Debit: $6,600.00 Credit: $6,600.00 Date Released: 2/14/2003 Permit No.: 10-51 Comments: Received by Date Released bxz4an &6,2,r61- 21Date -2 �T i LAND QUALITY SECTION Budget No.: 1463 Date Rec'd: 03/08/00 Operator: MAC CONSTRUCTION COMPANY Type Security: SURETY Security Number: Bank: SELECTIVE INSURANCE COMPANY OF AMERICA City: CHARLOTTE Debit: $6,600.00 Credit: Date Released: Permit No.: 10-51 Comments: 64 Received b t , Date19006 Released by Date 03/03/2000 11:26 9107547179 MAC CONSTRUCTION COM PAGE 84 0.3/a3/2088 10:45 9197159801 GARDNER PAGE 03 STATE OF NORM CAROUNA DEPARTM Ufr OF F.NMON Wet REALM AM NATURAL 3W.WLRCU Loud Quality Section Bond Pursuant to $'The Mining Act of Z971" (G.S. 74-46 through G.S. 74-68) KNOW ALL =N BY THESE PRESENTS, That MAC CONSTRUCTION COMPANY a CORPORATION and having its principal office at P.O. BOX 777 , SHALLOTTE, NORTH CAROLINA 28459 in the State of � maRTH r.a.uoITNA .� _. as principal, and SELECTIVE INSURANCE COMPANY OF AMERICA a corporation organized under the lave of the State of NZW_.IERSEY and duly auth+or3zed by the Insurance Commiasionrr of North Carolina to do business in North Carolina, with an office located at 2550 WEST TYVOLA ROAD, , in .the city of CHARLOTTE , North Carolina, as surety, are held and firmly bound unto the State of North Carolina in the sum -of • $6,600..00 • Bond No. lavful money of the United States of America, to the paymwnt of which will and truly be made, we bind ourselves, our heirs, administrators and successors jointly and severally, firmly by theaa presents. Signed, sealed and delivered this 7TH day of MARCH 2oao • THE CONDITIONS OF THIS BOND ARE SUCH, .That Whereas, the said MAC CONSTRUCTION COMPANY conducts or. Will conduct mining 'operations in North Carolina as described in the application for an operating permit whion Includes a Reclamation plan as provided in G.S. 74-53 and has obtained approval, of this application on the _ day of , 19 .� from the Department of. Environment, Health, and Natural Raisourcaat. a. 1D - 1 03/03/2000 11:26 9107547179 MAC CONSTRUCTION COM PAGE 02 03103/70@0 1@:45 9197158001 GARDNER v� PAGE 94 NOW THEREFORE, if the said MAC CONSTRUCTION COMPANY shall comply with the requirements set forth in "The Miring Act of 1971" (G.3. 74-46 through 74-68) and with the rules and regulations adopted pupuant thereto and faithfully. perform ull obligatyaris under his approved Reclamation Plan then this obligation shall be null and void; otharvise to be and remain in full force and •Sfect until released by the Department of Envixanmant, Health, and Natural Resources in accordance with G.S. 74-56 or canceled by the surety. Cancolla:tfon by the surety Shall be etfeotuat*d only upon 60 days written notice thereof to the Department of Environment, Health, and Natural Rosouraas and the operator as provided in G.S. 74-54. ATTE T: c 7 MAC CONSTRUCTION COMPANY €acretary or Principal Assistant Secretary .Attach ) 8y ( Corporate Beal ) Pre dent Vic* President, (here of CorporatioA) Pa no , or owner SELECTIVE INSURANCE COMPANY OF AMERICA surety Countarsignad at jJTLZjNQT.QN.4 ..._. _ . North Carolina by R sident Agent of .C. t and Attorney in Fact *pLZASIC ffAIL THIS j9RM_AVR Txs_ A=CNIQ .1 0 TO• THE rOroowr.Na ADD"05: 61 VISION OF LA"RESOURCES I.1ENR-LAND QUALrrY 1412 MAIL SFRVICE CENTER RALEIGH NC 27499-161 Z Page 2 of 2 INSURANCE Selective Insurance Company of America S ie=e 40 Wantage Avenue Branchville, New Jersey 07890 973-948-3000 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Selective Insurance Company of America, a New Jersey cor- poration having its principal office in Branchville, State of New Jersey, pursuant to Article VII, Section 13 of the By- Laws of said Company, rib wit: "The Chairman of the Board, President, any Vice Presidents or the Secretary may, from rime to rime, appoint attor- neys in fact, and agents to act for and on behalf of the Company and They may give such appointee such authority,as his/her certificate of authority may prescribe, to sign with the Company's name and seal with the Companys seal, bonds, recognizances, contracts of indemnity and other writings obligatory in the nature of a bond, recognizance or conditional undertaking, and any of said Officers may, at any rime, remove any such appointee and revoke the power and authority given him/her. does hereby make, constitute and appoint ANNA J.ROURK, KIRK M.GLOCKNER,LINDA D.SCOTT, JONATHON T.DAVIS,JOHN HOWARD WARD,MICHAEL B. BURKINSHAW its true and lawful Attorney-in-Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds, undertakings, recognizances, contracts of indemnity, or other writin s obligarory in the nature of a bond sub- ject to the following limitations: NO ONE BOND TO EXCEED ONE MILLION -FIVE HUNDRED THOUSAND DOLLARS (S 1,500,000.00) and to bind the Selective Insurance Company of America thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Selective Insurance Company of America, and all the acts of said Attorney are hereby ratified and confirmed. IN WITNESS WHEREOF, the Selective Insurance Company of America has caused these presents to be signed, >_ by its Vice President and its corporate seal to the hereto affixed this l3TH day of JANUARY r 19 98 EC Selective Insuran e EZ BY: �r E—, F.F. Grea�gr,!Jr., V eside State of New Jersey ', V County of Sussex 11�`` 2 926 4a On[his 16TH day of JANUARY 1998 before the subscribe r\No 1i ace o ew Jersey in and for the County of Sussex duly commissioned and qualified,came F.F.Graver,Jr.of the Selective Insurance any me nOy known to be the officer described herein.and who executed the preceding instrument,and he acknowledged the execution o sarn d 6ei y me duly sworn, deposed and said that he is an officer of said Company aforesaid;that the seal affixed to the preceding instrument is the cor d Company,and the said corporate seal and his signature as officer were duly affbced and subscribed to the said instrument by the authority and direction of the Company;that Article VII,Section 13 of the By-Laws of said Company is now in force. IN WITNESS WHEREOF.I have hereunto set my hand and affixed my official seal at Branchville,New Jersey this �� CN,�l�B% 16TH day of JANUARY 98 19 �� l JUDITH E. CHAMBERLAIN to PubltdOTARY NOTARY PUBLIC OF MW JERS$Yggg FUB!_IC The power of attorney is signed and scaledim by IimMil CL 17�ar►d by the authority o he ollowing Res ut' adopted by the Board of Directors of Selective Insurance Company of America at a meeting c d and d the Gth of.'>:. February 1987, to wit: !t'jy JEj{S "RESOLVED, the Board of Directors of Selective Insurance Company of America authorizes and approves the.use of a facsimile corporate seal, facsimile signatures of corporate officers and notarial acknowledf;emrnts thereof on powers of attorney for the execution of bonds, recognizances, contracts of indemnity and other writings obligatory in the nature of a bond, recognizance or conditional undertaking......." 1,Patricia A.Fulkrod,Assistant Secretary of the Selective Insurance Company of America,do hereby certify that tixe above and foregoing is a true and correct copy of a Power of Attarney executed by said Company which is still in full force and effect. IN WITNESS WlIffiL HI have hereunto set rev hand and a Onxed the seal ofsaid Company at B c vi New Icray his—_ 7T_ day of U --. Assistant Secretary a-?1 (8/97) The RED border on the ace at this document has a security vom background pattern,11 it is not RED and the word VOID is wsibW this is not a certified copy.Tetephdne us at Area Code 201.94E-3000. ...� USAAirbill N� r813535894C117 0200 �`N;Cm � ' + 1 From ' - 4a Ex ress Package Service Packapesup ro 15�lbz ? ,., Dab+ervcw.rrarr.e a.yaba nmme r.aa Dete 03-(38-0(� � edExPriariryOvemight ❑FedFx Standard Overnight ❑ FedFxFrstOvemight kk 0a—P.eer:q rrm hmkresaRermm Friwp bm rramq 7 Senders dd rybsl¢rhxn— .tt • Name 1�. r 1 ST T C;, Phan. �t 7 1 /-�k 7 ❑ F 2 ❑eddlx Fxpr s Saver* kueF db wqr priroaridrey Cnrapan� �f r '1 . �(,n S"T fZ.u c 4b Express Freight Service Paekayes orer rrol3r. � O.flwy[mmiOrrre nre b b!r n emy rua } r y —— ❑AeedbExIDDayFreight' ❑sfedclb 2 ayFrroigm ❑FFdFx3Da keight dW Addresscoon eeYl,sborlSarpNera 1 C' CA 5 Pe aging. 1' 14b't State Y� ZIP Fed&Letter' ❑ FedFx Pak' ❑Other Pkg. • III Z Fedte rube. and I 2 Your Internal Billing Reference 6 Special Handling 3 To (A i ti y i G Saturday Delivery SWidayDelivery HOLD Weekday HOIDSatkaday . Recipients t.<' ❑ wrrwbrw�r ❑wau,mek F.at.F� y ❑etFedFxLocauon ❑atFadExLotapon Name t1 U It rc. rr,r,t r Phone —`�.S m°w.anr a><r °""d■mr.i.nar a F"rde�Fi%Ch me a�.yem`a MW Don dlie duat cabin dmm po gerode? mwrabueem �lJ �-1'+• �, s��G'vrcCS 4 G.ewrraacn.a.d --- — Cam 1� i A to ❑Yes ❑ Yes ❑ D,11. k preeawd Slyp D Lrmm alY 49iIN INS w kg �ePPe/e W clenaon nat reginned .a�F.aF,p.y(y{ c }� eerto. .sotia,e..een..n� k.ory El Cargo Aircraft Only Address �.] o1 V `r+1.f`1 } 1 r 7 Payment ai11 to: Emw rd614u.aln w cnaa cra Na bdm ❑0',Lm,�Q`� • Weurd daklsmRQ 6wuer P.Q 2rIPc sa� � ..�..-_��— peFlhiosrlSurte/Aoom � fff - ❑Sender Recipiern ❑Third Party ❑Credit Card []Cosh/Check WH0Uh... praFp'arFedE. n pour FedEx eaAreu hen. !'` - Cny CAI e�t L^�.IT _ State I V Le ZIP _`a?Q Tatal Peckma Tow Weight Tuml DederedYakra* Tmal Chargoa t r__=., _ $ .00 8135 3589 40 terFeGTM aMftd m=Imrrku you 441 a egtw vakw Sea back tw details. `�tl"tl • 8 Release Signature syayauryy.dee.ra otimgegneare LIand agree you eu to rnWy us and todeliver tlws ahipmartwArovloMeilarns. nature �eatia�T Call 1•800 hold a %F EEx�IODo-4ea-333sr O • ' Fav pay ll/�•Pert 1151e15•m199{-�fs�.•PRNrfDNV.SA CBFE dW t■� Terms And Conditions Definitions On this Airbill,lwe;'our;arid'Lis*refer to We won't be liable: You may call our Customer Service department at Federal Express Corporation,its employees,and agents.'You' —for your acts or omissions,including but not limited to 1.900•Go4edlixl�(B{f0-463-33391 to report a claim;however, . and'your'refer to the sander,its employees,and agents. improper or insufficient packing,securing,marking,or you must still file a timely written claim. Agreement To Terms By giving us your package to addressing,or those of the recipient or anyone else with Within 90 days after you notify us of your claim,you must deliver,you agree to all the terms on this Airbill and in our an interest in the package send us all the information you have about it.We aren't I' • current Service Guide,which is available an request You also —if you or the Bcipient violates any a!the terms of our obligated to act on any claim until you have paid all agree to those terms on behalf of any third party with an Agreement transportation charges,and you may not deduct the aM0LMt of interest in the package.If there is a conflict between the your claim from those charges. Service Guide and this Airbill,the Service Guide will control. —for loss or damage to shipments of prohibited items It the recipient accepts your package without ogling any No one is authorized to change the terms of our Agreement. —for loss,damage,or delay caused by events we cannot damage on the delivery record,we will assume the package Responsibility For Packaging And Completing control,including but not limited to acts of God,perils of was delivered in goad condition,For us to process your claim, Airbill You are responsible for adequately packaging your the air,weather conditions,acts of public enemies,war, you must make the original shipping,cartons and packing goads and properly lifling out this Airbill.If you omit the number strikes,civil commotions,or acts of public authorities available for inspection. of packages and/or weight per package,our billing will be with actual or apparent authority. Delivery to Residential Locations Shipments to . based on our best estimate of the number of packages we Declared Value Limits residential locations using FedEx Express Saver may be received and/or an estimated"default-weight per package -The highest declared value allowed far FedEx Letter and delivered without obtaining the recipient's signature. as determined by us. FedEx Pak shipments is$500. Right To Inspect We may,at our option,open and Responsibility For Payment Even if you give us -For other shipments,the highest declared value allowed is inspect your packages before or after you give them to us • different payment instructions,you will always be primarily S50 000 unless your package contains items of"extraordinary to deliver. responsible for all delivery costs,as well as any cost we incur value,-in which case the highest declared value allowed Right Of Rejection We reserve the right to reject a in either returning your package to you or warehousing it is S500. pending disposition. shipment when such shipment would be likely to cause delay •items of"extraordinary value-include shipments containing or damage to other shipments,equipment,or personnel;or if Limitations On Our Liability such items as artwork,jewelry,furs,precious metals,nego- the shipment is prohibited by law;or ifthe shipment would And Liabilities Not Assumed liable instruments,and other items listed in our Service Guide. violate any terms of our Airbill ar our current Service Guide. •Our liability in connection with this shipment is limited to the -You may send more than one package an this Affbill and flit C.O.D.Services C.O.D.SERVICE IS NOT AVAILABLE lesser of your actual damages or S100,unless you declare in the total declared value for all packages,not tD exceed WITH THIS AIRBILL If C.O.D.Service is required,please use • a higher value,pay an additional charge,and document your the SIOD= or$50.000 per package limit described above, a Federal Express C.O.D.Airbill. actual loss in a timely Mannar.You may pay an additional (Example:5 packages can have a total declared value of up Air Transportation Tax Included A lederal excise charge for each additional$ID0 of declared value.The to S250,000.1 In that case,out liability is limited to the actual tax when required by the Internal Revenue Code on the air declared value does not constitute,nor do we provide,cargo ,slue of the packagefsf lost or damaged,but may not exceed transportation portion of this service,if any,is paid by us. liability insurance. the maximum allowable declared value(s)or thQ total declared + �-r- •In any event,we will not be liable for any damage,whether value,whichever is less.You are responsible;fiai proving the 1 Money-6aek.Guarantee !n cite oven[of untimely direct.incidental,special,or consequential in excess of the actual loss or damage. ��,'�� ,, de6verji Fedriral Express will,at your request and with some li�liNFiling A Claim YOU MUST MAKE ALL CIAIM i�i' � Clar""nans,iic;Guide dermal transpo ation charges.See declared value of a shipment,whether or not Federal Express ,� 9 + current Service Guide for m re infoiiiiation. had knowledge that such damages might 6e incurred WRITING and notify us of your claim withfn'stricttilde limits i'' f,j, +rq. • including but not limited to loss of income or profits. set out in the current Service Guide. „I.i':,;yr j j I, # uY - MAC CONSTRUTION COMPANY PO Box 777 Shallotte, NC 28459 910-754-7177, 910-754-7179 Fax Teresa,McLamb,-President AsphaR Paving contractor Earl Tharp,Vice PresJOen.Mgr. State of North Carolina March 8, 2000 Department of Environment,Health, Q And Natural Resources 1612 Mail Service Center Raleigh,NC 27699-1612 Land Quality Section El DSNR Ref: Tarkiln Ridge Borrow Fit LAND QUALITY SEMON Attn: Tony Sample Attached is the original Performance Bond for Tarkiln Ridge in the amount of$6,600.00. We are asking for a verbal approval to be given to proceed with the operation of the mining pit. Any questions, please feel free to call. Sincerely, Earl Tharp, Gen. Mgr.Nice Pres. .r tia. y mad* VftNT3l f YTUAL)O OLIA! ' � w t r r p O � MAC CONSTRUCTION COMPANY P. O. BOX 777 SHALLOTTE,N.C.28459 RECEIVED TELEPHONE NO. (910) 754-7177 MAY 0 6 2002 FAX NO. (910) 754-7179 BY: TO: DATE: NCDEN R 5-3-02 AM: JOB NAME: JUDITH WEHNER PHONE: JOB LOCATION: 919 733-4574 WISmDU&S WE ARE SENDING YOU THIS REPLACEMENT BOND AND ASKING THAT YOU RELEASE THE ORIGINAL BOND. IF THERE ARE ANY QUESTIONS PLEASE CONTACT ME @(910) 754-7177. THESE ARE TRANSMITTED for your approval. EARL VICE PRESIDENT/GENERAL MANAGER Enclosures .,.,, , 1i5� �.,�. � ..i 1,-i r� •i ., ��' . .. ��. � � 1. ' . ( � ' 1 { ?� i T .... . ; , LAND QUALITY SECTION Budget No.: 676 Date Rec'd: 12/12/1991 Operator: MAC CONSTRUCTION CO Type Security: SURETY BOND Security Number: Bank: U S FIDELITY&GUARANTY City: RALEIGH Debit: $2,500.00 Credit: $2,500.00 Date Released: 05/09/02 Permit No.: 10-25 Comments: Received by Date Released by Date n . Ar State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G.Martin,Governor Charles H.Gardner William W.Cobey,Jr.,secretary Director November 15, 1991 MEMORANDUM TO: Dennis Grissom FROM: Francis M. Nevils, Jr. -KO'm Section Chief SUBJECT: Mac Construction Company *SuretoBond The attached completed surety bond is hereby transmitted to you for your safekeeping. Thank you. FMNjr/se Attachment Received by: , Date: Released by: Date: /.,)- �q Please return the above referred surety. Released by: Date: Received by: Date: P.O.Box 27687 + Raleigh,N.C.27611-7687 + Telephone (919) 733-3833 An Equal Opportunity Aflirmative Action Employer i STATE OF NORTH CAROLINA DEPAR'IMI;TPI' OF ENVIRONMENT, HFALU i, AND NATURAL RESOURCES Land Quality Section Bond Pursuant to "The Mining Act of 1971" (G.S. 74-46 through G.S. 74--68) KNOW ALI_, F04 BY THESE PRESENTS, nat Nlac Construction Company a -Corporation and having its principal office at in the State. of North Carolina as principal, and United States Fidelity and Guaranty Company a corporation organized under the laws of the State of Maryland and duly authorized by the Insurance Commissioner of North Carolina to do business in North, Carolina, with an office located at 3801 Old Wake Forest Road in the City of Raleigh T North Carolina, as surety, are held and- firmly bound unto the State of North Carolina in the sum ---Twenty-Five Hundred and of no1100-------------------- 2,500.00 Bond No. lawful money of the United States 'of America, to the payment of which well and truly to be made, we bind ourselves, our heirs, administrators and successors jointly and severally, ftimly by these presents. Signed, sealed w-id delivered this 25th day of September 1991 THE CONDITIONS OF THIS BOND ARE SUCH, That Whereas, the said lac Construction Company conducts or will conduct mining operations in North Carolina as described in the application for an operating permit which includes a Reclamation Plan as provided in G.S. 74-53 and has obtained approval of this application on the t 4.X day of J6096,11t— , 19 2 ' frc n the Department of Environment, Health, and Natural Resources. NOW THEREFORE, if the said Mac Construction Company shall ccuply with :. the requirements set forth in "The Mining Act of 1971" (G.S, 74-46 through 74-68) and with .the rules and regulations adopted pursuant thereto and faithfully perform all. obligations under his approved Reclamation Plan then this obligation shall be null and void; otherwise to be and remain in full force and effect until released by the Department of-Environment, Health, and Naturai .Resources in accordance with G.S. 74-56 or cancelled by. the surety. Cancellation by the surety shall be effectuated only upon 60 days written notice Thereof to the Departanent of Environment, Health, and Natural'Resources and the operator as provided in G.S. 74-54. A'.ITESP: .� Mac Construction Company or PkMc_ipal Asst. Sec. ( Attach ) By ( Corporate Seal ) Pr ident, c t�@ , (here of 'Corpbration). Rwi tKi&r.4xtwx Xx United States Fidelity and Guaranty Company Surety Countersigned at Wilmington North Carolina By Resident Agent of N.C. AgeA and Attorney in Fact: i Page 2 of 2 CERTIFIED COPY GENERAL POWER OF ATTORNEY NO--------101259 - - Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Kirk M. GLockner of the City of Wilmington State of North (, roli nat its true and lawful attorney in and for the State of North C3rOl inn for the following purposes,to wit: To sign its name as surety to.and to execute,seal and acknowledge any and all hnnds, snd to respectively do and per-iurm ..ny and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY ANL*•-GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said Kirk M. Glockner , may lawfully do in the premises by virtue of these presents. In.-Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be scaled with its corporate seal, duly attested by the signatures'of its Vice-President and Assistant Secretary, this 17th day of February .A.D. 19 84 UNITED STATES FIDELITY AND GUARANTY COMPANY. (signed) 8y...........4Qi.A*..Anq1Xysza)e........... Vice-President. (SEAL) George R. Gardner (Signed) ................................... .. .......... Assistant Secretary. STATE OF MARYLAND. .a. BALTIMORE CITY, On this 17th day of February ,A. D. 19 89,before me personally came John A. Andryszak , Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and George R. Gardner Assistant Secretary of said Company,with both of whom I am personally acquainted, who being by me severally duly sworn, said that they, the said John A. ArXILYSZak and George R. Gardner were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney;, that they each knew the-sesl of said corporation. that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and this they signed their names thereto by like order cis Vice-President and Assistant Secretary,respectively.of the Company. My commission expires the first day in July,A.D. 1g..90 (SEAL) (Signed) ........... Margaret M. Hurst.......................... Notary Public. FS 3 (147) Ill COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other then Maryland• and in the Territories of the United States and in the Provinces and territories of Canada; Therefore, be U Resolved, that this Company do, and it hereby, does. authorize and empower its President or either of its Vice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal. to appoint any person or persons as attorney or attorneys-in-fact,or agent or agents of said Company, in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances-of contracts other then , insurance politics and executing or guaranteeing bonds and undertakings, required.or permitted in all actions or proceedings, or by law allowed.and , Also, in its name and as its attorney or attorneys•in•fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the,same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise• be allowed• required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any,person or persons, corporation, body, office, interest, munidpality or other associa.ion or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which l may be provided for in any such bond, recognai ice, obligation, stipulation,or undertaking,or anything in the nature of either of the same. I, , Michael W. Vann ,an Assistant Secretary of the UNITED STATES FIDELITY AND � GUARANTY COMPANY, do hereby. certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Kirk M. Glodme of Wilmington, North Caml ins , authorising and empowering him to sign bonds as therein act forth,which power of attorney has never been revoked and is still in full force and effect. ' And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of'the Board of Directors of said Company, duly,called and,held at the,Ace of the Company in the City of Baltimore, on the 25th day of November, 1981, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution,and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, 1 have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on 9/25/91 (Date) ................................... Assistant Secretary.... s North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME Tarklin Mine 2. MINING PERMIT# 10-51 3. OPERATOR MAC_ Construction Company, LLC 4. COUNTY Brunswick 5. ADDRESS PO Box 777 Shallotte, NC 28459, 551 Wagon Wheel Trail, Calabash, NC 28467 6. PERMIT EXPIRATION DATE 03/17/2010 7. RIVER BASIN Lumber S. Person(s) contacted at site McLamb 9. Was mine operating at time of inspection? ❑ Yes N No 10. Pictures? ❑ Yes ® No 11. Date last inspected: 03/14/2012 12. Any mining since last inspection? ❑ Yes ® No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No If no, explain: Permit expired. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ® No If no, explain: l. Provided further, and subject to the Reclamation schedule,the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. B. The side slopes to the lake excavation shall be graded to a 3 horizontal to I vertical or flatter. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. Onsite disposal of waste shall be in accordance with operating condition numbers I O.A. through D. E. The affected land shall be graded to prevent noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed areas shall be revegetated as per the revegetation plan approved by Mr. Phil Ricks,NC County Extension Director, with the NC Cooperative Extension Service, on February 1, 2000, with the exception that rye grain be utilized instead of rye grass for a temporary ground cover. In addition, the permittee shall consult with a professional wildlife biologist with the NC Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any.event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation shall be completed within two years of completion or termination of mining. 15. Did any of the above deficiencies result in offsite damage? ® Yes ❑ No If yes, describe the type and severity of the damage: Crossing on access road is badly rutted, carrying sediment into watercourse. 16. Corrective measures needed and/or taken: Grade mining area slopes to a 3:1. Slopes are rutted and need smoothing. Provide temporary and permanent groundcover on all bare areas. The mining area does not appear to be able to retain water, thus a lake area is not established. Grastock piles to a� ope. Remove continued on back page C�p LY MAR 2 6 2012 LAND QUALITY SECTION all offsite generated trash (burned mattress, etc). Grade mine bottom so that ponding water has positive drainage. Follow revegetation plan and establish groundcover. After site is permanently stabilized, remove sediment basin and stabilize. Follow reclamation plan. Additionally, work needs to be done to access road at stream crossing. Stabilize the area with surge stone on the road for a length of 50 yards and grass on shoulders. You may need a rock check dam where concentrated flow leaves the road. Please call Brian Lambe if you have any questions. The bond has been scheduled to be terminated. You will need to re-instate this bond or get a new bond until the site is in a releasable condition. The deadline to re-instate the bond is April 17, 2012. Please contact Ashley Rogers regarding bond issues immediately 919-707-9225. 17. Other recommendations and comments: Permit expired March 17, 2010. Permit requires reclamation within two years of termination of mining. UPDATE 3/14/2012 Met with Mr. McLamb on site. Described what was needed to reclaim site. Discussed positive drainage through site, smoothing of far slope and seeding(sub pine plantings?), knocking down stockpiles, and removal of sediment trap. He said he would work on the site promptly. He had concerns of four wheelers. I told him if he was doing his due diligence in the form of a gate, I can't hold him responsible. NOD sent last inspection gives deadline of 30 days from receipt. The deadline is extended to 04/18/2012. UPDATE 3/21/2012 Met with Mr. McLamb on site. Bond has been cancelled. Stockpiles being knocked down. 18. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed Not received 19. Follow-up inspection needed? ® Yes ❑No Proposed date April 16, 2010 20. No. of additional pages of Inspe50aq R port 0 21. Copy of Report sent to operator 03/21/2012 INSPECTED BY: Brian Lambe DATE 03/21/2012 Telephone No: 910-796-7314 Copy to file Copy to operator Copy to Mining Specialist r _ r � t I NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE hand Quality Section Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman., Secretary February 24, 2012 CERTIFIED MAIL7011 0110 0000 9947 3304 RETURN RECEIPT REQUESTED NOTICE OF DEFICIENCY T.A. McLamb, President MAC Construction Company, LLC 551 Wagon Wheel Trail Calabash,NC 28476 RE: Expired Mining Permit No. 10-51 Tarkiln Mine Brunswick County Lumber River Basin Dear Mr. McLamb: This is to advise that you and your firm are in violation of Reclamation Condition No. 4 of Mining Permit No. 10-51 for failure to complete final reclamation at the Tarkiln Mine in Brunswick County. An inspection by personnel of the Department on February 23, 2012 revealed no reclamation efforts and that the site remained virtually unchanged since mining operations ceased. Expiration of the permit only precludes further mining operations; reclamation requirements continue to remain in effect. Section 74-56 of the Mining Act of 1971 mandates initiation of bond forfeiture proceedings for failure to reclaim in accordance with the reclamation plan. Also, civil penalties of up to $500.00 per day for each day of the violation may be assessed under G.S. 74-64. The deficiencies discovered and the necessary corrective actions are as follows: 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. 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. Wilmington Regional Office 127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845 • Phone: 910-796.72151 FAX: 910.350-2004 Notice of Deficiency T.A. McLamb February 24, 2012 Page 2 of 3 4. No small pools of water shall be allowed to collect or remain on the mined areas that are likely to be 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. Insufficient ground cover to restrain erosion exists on slopes beyond the pit areas and in the pit areas. Reclamation Conditions No. 1, 3, and 4 of your permit dated March 22, 2000 addresses this concern. These areas must be stabilized in accordance with your approved reclamation plan. 2. All slopes must be graded to a 3 horizontal to 1 vertical slope including mine side slopes and stockpiles. Reclamation Condition No. 2.13. and 2.C. of your permit dated March 22, 2000 provides for this concern. 3. The reclamation plan calls for the mined area to be turned into a lake area. The area is not holding water except for small pools. Thus the mined area must be graded to provide positive drainage to the location of the sediment trap. The sediment trap will need to be removed as well. We suggest providing for an outlet of the mine area water by removing the rock weir. The erosion control plan called for a 36" CMP in the sediment trap, but the pipe was not located by the inspector. Do not remove trap until mined area is stabilized. Alternatively, submit a revised reclamation plan to this office immediately. This requirement is provided for by reclamation conditions no. 1, 2, 2A, 2E, and 3. 4. Reclamation must commence immediately if you are to meet the two year deadline from permit expiration. Contact this office immediately. Reclamation Condition No. 4 provides for this concern. Notice of Deficiency T.A. McLamb February 24, 2012 Page 3 of 3 If the previously described deficiencies are not corrected within 30 days following your receipt of this Notice, this matter will be referred to the Director, Division of Land Resources, Department of Environment and Natural Resources, for the issuance of an official Notice of Violation in an effort to secure compliance at the site. The responsibility for understanding and complying with the requirements of the Act rests upon the individuals and firms who are subject to its requirements. The responsibility also rests with you for notifying this office of your plans to correct the violations. Do not hesitate to contact Brian Lambe or me at (910)796-721 S regarding any questions you may have about this matter. Sincerely.- Dan Sams, PE Regional Engineer Land Quality Section Attachment: Mine Inspection Report cc: NC Mining Specialist, Central Office t� North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME Tarklin Mine 2. MINING PERMIT # 10-51 3. OPERATOR MAC Construction Company, LLC_ 4. COUNTY Brunswick 5. ADDRESS PO Box 777, Shallotte, NC 28459; 551 Wagon Wheel Trail, Calabash,NC 28467 6. PERMIT EXPIRATION DATE 03/17/2010 7. RIVER BASIN Lumber 8. Person(s) contacted at site None T _ 9. Was mine operating at time of inspection? ❑ Yes ® No 10. Pictures? ® Yes ❑ No 11. Date last inspected: 06/21/20.10 12. Any mining since last inspection? ❑ Yes ®No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No If no,explain: Permit expired. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ® No If no, explain: 1. Provided frther, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. Onsite disposal of waste shall be in accordance with operating condition numbers 10.A.through D. E. The affected land shall be graded to prevent noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed areas shall be revegetated as per the revegetation plan approved by Mr. Phil Ricks,NC County Extension Director, with the NC Cooperative Extension Service, on February 1, 2000, with the exception that rye grain be utilized instead of rye grass for a temporary ground cover. In addition,the permittee shall consult with a professional wildlife biologist with the NC Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation shall be completed within two years of completion or termination of mining. 15. Did any of the above deficiencies result in offsite damage? ® Yes ❑No If yes, describe the type and severity of the damage: Crossing on access road is badly rutted, carrying sediment into watercourse. 16. Corrective measures needed and/or taken: 1. Grade mining area slopes to a 3:1. Slopes are rutted and need smoothing. Provide temporary and permanent groundcover on all bare areas. The mining area does not appear to be able to retain water, thus a lake area is not established. Grade stockpiles to a 3:1 slope. Remove continued on back page r all offsite generated trash (burned mattress, etc). Grade mine bottom so that ponding water has positive drainage. Follow revegetation plan and establish groundcover. Follow reclamation plan. 17. Other recommendations and comments: Permit expired March 17, 2010. Permit requires reclamation within two years of termination of mining. 18. Is the Annual Reclamation Report+/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed Not received 19. Follow-up inspection needed? ® Yes ❑ No Proposed date March 18, 2010 20. No. of additional pages of Inspection Report 0. 2.1. Copy of Report sent to operator 02/24/2012 INSPECTED BY: Brian Lambe i DATE 02/23/2012 Telephone No: 910-796-7314. Copy to file Cop to operator Copy to Mining Specialist FEB 27 2012 LAND O�AU i Y MINING PROGRAM North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 3UO 28 ��10 1. MINE NAME1 Tarklin Mine . . 2. MINING PE 3. OPERATOR MAC Construction Company 4. COUNTY Br. wick 5. ADDRESS PO Box 777 Shallotte,_NC 28459 6. PERMIT EXPIRATION DATE 3-17,2010� 7 RIVER BASIN Lumber 8. Person(s) contacted at site i. No one on site 9. Was mine operating at time of inspection? ❑ Yes ® No 10. Pictures? ❑ Yes ®No ll. Date last inspected: . 6-26-2007 '12. Any mining since last inspection? ® Yes ❑No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ❑No If no,explain: OC#4A: 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 an lake,_wetland or natural watercourse in proximity to the affected land. OC#5_All_affected area boundaries (7.8 permanently . 00 foot intervals Unless the line _ sight _ acres) shall be ermanentl marked at the site on l __ ne of allows for carper spa in intervals. OC#b The angle for graded slo es and fills shall be no greater than the angle which can be retained b vegetative cover or other adequate erosion control measures, structures, or devices. 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 Drovided with round cover, devices or structures sufficient to restrain such erosion. OC#11 An annual reclamation report shall be submitted on a form supplied by the Department by FeFebruaLy 1 of each year until reclamation is completed and approved. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ®No If no, explain: RC#1: Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. RC#213: The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter below the water line. RC#2C: Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. RC#2D: 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. RC#3: After site preparation all disturbed land areas shall be revegetated as per the Revegetation Plan approved by Mr. Phil Ricks,N.C. County Extension Director with the N.C. Cooperative Extension Service on February 1, 2000 with the exception that Rye grain be utilized instead of Rye Grass for a winter temporary ground cover. 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: If mining activities have ceased reclamation needs to be completed. 17. Other recommendations and comments: 18. Is the Annual Reclamation Report+/- map accurate? ❑Yes [ No (Explain) ® Not Reviewed 19. Follow-up inspection needed? ® Yes ❑ No Proposed date 9-22-2010 20. No. of additional pages of Inspection Report 0. 21. Copy of Report sent to operator 6-22-2010 Nicholas Mills 6-21-2010 INSPEGTED,BY: .. ' DATE Telephone'N6r 9TO--796-7230 Copy to file Copy to operator Copy-to Mining Specialist North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section dr . MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME -'K e 2. MINING PERMIT # 3. OPERATOR /9 l e g- v r r•s /rt c_/,'� -I Co + 4. COUNTY 3/ C c 5. ADDRESS V_� < c u.•�, c), x I 1 o fq e AJC 6. PERMIT EXPIRATION DATE J - /7- /J 7. RIVER BASIN 8. Person(s) contacted at site 9. Was mine operating at time of inspection? ❑ Yes X No . 10. Pictures? ❑ Yes P 'No 11. Date last inspected: I = Gl4) 3 12. Any mining since last inspection? ❑ Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ®' Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? Ea 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: , rt- 6 0j. " .'f ,I1, P r•d r r /�� 7�� c�t �I r P'/1� f y P l �'n,,,.. �x-l'. 'L, �y 17. Other recommendations and comments: '""D 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes El No (Explain) o e S CTION 19. Follow-up inspection needed? b Yes ❑ No i - tat. ` r Proposed date 1 I 20. No. of additional pages of Inspection Report 21..Copy of Report sent to operator,, l� " 1 C� (date) INSPECTED BY: �{ cr� (. ?,?ter.t _ DATE 4 I a C 7 Telephone No: White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 _ _.. ._ ..,..y.•'w+r-v�' tiv,,.,,;F••Lt,c'.'�,.`riy(,�,,.y:.�.�•vr T u{ti-v+.r-+c,.r^i+ytl',ir.. y.:.rr.-vnrF= '^"N.r•...rr--.... �.r.:r r i'^^.t,y.-+t-'W'••r--.�.ry�tiv,. ..k,.....,�. 1 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land..Quality Section i MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME /"- I e N 2. MINING PERMIT # /a -_Q 3. OPERATOR I.Wr lr�wST.� 4. COUNTY• 5. ADDRESS O 7 S lU C 6. PERMIT EXPIRATION DATE_6111,'N /7 7c ru 7. RIVER BASIN 8. Person(s) contacted at site Tura t,�F dt s.rif 9. Was mine operating at time of inspection? ❑ Yes XNo 10. Pictures? ❑ Yes .WNo 11. Date last inspected: ._ I I/.!1 09 12. Any mining since last inspection? ❑ Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ 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: Ooj 16. Corrective measures needed and/or taken: RJECEBaD APR I D 70 LAND QUALITY SECTION 17. Other recommendations and comments: ran f 18. Is the Annual Reclamation Report +/-map accurate? Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes %.No Proposed date 1 I 20. No. of additional pages of Inspection Report 21. Copy of Report sent to operator I I U3r f (date) INSPECTED BY: '%.i.,�r✓ tr' il � DATE ' Telephone No: r- White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 • AT NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist February 14, 2003 William G. Ross Jr., Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. T.A. McLamb MAC Construction Company PO Box 777 Shallotte, NC 28459 RE: Permit No. 10-51 Tarklin Mine Brunswick County Lumber River Basin Deaf Mr. McLamb: We have received the $6,600.00 surety bond (no. 3-602-673) issued by The Ohio Casualty Insurance Company for the above referenced mining operation. As this new surety bond sufficiently covers the mining operation, the enclosed surety bond (no. B713630) for $6,600.00 issued by Selective Insurance Company of America is hereby released by the Department of Environment and Natural Resources for your disposal. As such, this office is closing its file on this bond cancel lation/forfeiture action. . Thank you for your cooperation and prompt attention to this matter. If you should have any questions on the above, please contact Ms. Kristin Moyle, Assistant State Mining Specialist, at (919) 733-4574. Sinc ely, racy E. vis, P.E. State Mining Specialist Land Quality Section TED/km Enclosure: Surety Bond (No. B713630) cc: Mr. Dan Sams, P.E. Ms. Susan Stephenson, Selective insurance Company of America Ms. Kathy Cooper, Attorney General's Office Ms. Marjorie Downey, Attorney General's Office 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574/FAX: 919-733-2876 512 North Salisbury Street, Raleigh,North Carolina,27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled\10%Post consumer Paper low North Carolina Department of Environment an Natural Resources, Division of Land Resources, Land Quality Sectionv MINE INSPECTION REPORT JAN ��� (PERMITTED MINE) 1. MINE NAME �� fit! r li! �t�( „>!°. - 2. MINING PERMI 1*Y- -' 3. OPERATOR MA, 4. COUNTY6 !r wr1,1� / 5. ADDRESS . 9,,x 7 7 7 =,fl 14 6. PERMIT EXPIRATION DATE /7 / ) 7. RIVER BASIN t;r 4 4�/L 8. Person(s) contacted at site -.4)4 _ 9. Was mine operating at time of inspection? ( Yes ❑ No 10. Pictures? •E Yes ❑ No It. Date last inspected: W, li / 12.Any mining since last inspection? ❑ Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? E%Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No If no, explain: L A 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: ;4 l�ar~ c'. a r(xrl r'iutre(-��ir» , , r'fr aj-OA . 'l�04k-& �, ., tld.t to rirl.l fn4oc.&1— 11r1 ,f ? 7 L� r"I'')rr� ,1lr� F_r�c! /%[ ! rLl�.rs1 L :tq tG�t �c� (Al r {rt6'��tr !� Ir7try �YYl/tlrli !i✓ /: -;� ,*� S :.i[ f� �S IItYR�rrrCr (,JT7,tCl P /;V r-•,a fe, eft -.<z , T"(•1! Irf��,.a. .� . r a P'0 ���� F E,4 r•nW., rl t•��Y,� .7 ;1,tt I rr1I •� : � r. —I^rI /'fiItlft4— /I , frr7TC _ 17. Other recommendations and comments:{ 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) ,K Not Reviewed 19. Follow-up inspection needed? ❑ Yes ❑ No , , .- Cljt) Proposed date I 1 20. No. of additional pages of Inspection Report . 21. Copy of Report sent to operator / ) /, (date) INSPECTED BY: f .c.r Yf • ` ,t.._ �-------- ____ DATE I I f i-/(' 3 Telephone No-. (7 1 S� _59 Uri While copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 Bond Cancellation Notice Permit 9 10-51 . Subject: Bond Cancellation Notice Permit #10-51 Date: Wed, 15 Jan 2003 15:23:49 -0500 From: Carol Miller<Carol.Miller@ncm".net> To: Kristin Moyle<Kristin.Moyle a ncmail.net> Kristin, I inspected the Tarkiln Mine #10-51 today. It is still active and not ready to be released. I will send you a copy of the inspection report. Bo you want me to go ahead with the notice of deficiency? Carol Carol Miller<Carol.Miller(@ncmail.net> 1 of 1 1/I6/03 9:15 AM NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael R Easley, Governor Director and State Geologist William G. Ross Jr., Secretary January 14, 2003 CERTIFIED MAIL RETURN RECEIPT REQUEs9TED BOND CANCELLATIQN & FORFEITURE Mr. T.A. McLamb Ms. Susan Stephenson MAC Construction Company Selective Insurance Company of America PO Box 777 40 Wantage Avenue Shallotte, NC 28459 Branchville, NJ 07890 RE: Tarkiln Mine Permit No. 10-51 Brunswick County Lumber River Basin Dear Mr. McLamb and Ms. Stephenson: This office has received notification of Selective Insurance Company of America's intent to cancel MAC Construction Company's $6,600.00 mine reclamation bond (Bond No. }. The effective date for cancellation of this bond is March 12. 2003, As a surety is required to maintain the validity of the mining permit, please arrange to substitute this bond. I am enclosing another surety form, an assignment of savings account form and an irrevocable standby letter of credit form, any of which may be used to replace the existing surety. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina,27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110°/o Post Consumer Paper • • . E CERTIFIED MAIL Mr. McLamb and Ms. Stephenson Page 2 Please be advised that this reclamation bond must remain in full force and effect until it is reinstated or replaced, er ihe s1i6 is completely reclaimed and deemed releaseable by the Department. A review of our records indicates that the mining permit for the above referenced mine site is still active and, therefore, a valid mine reclamation bond is still required until all outstanding reclamation obligations have been met at the site. Please note that if the bond is not reinstated or replaced by Februgry 10. 2003, the mining permit will be automatically revoked (G.S. 74-50(c)). Thus, all mining activities must cease and the entire mine site must be completely reclaimed. Should any further mining activities occur at the site after this date, such activities will be considered mining without a permit and subject to further enforcement action, such as civil penalties and injunctive relief. If a substitute reclamation bond is not received by this office within this deadline, or if reclamation of the site has not commenced and is proceeding in a timely manner by this deadline, this matter will be referred to the Attorney General's Office for initiation of bond forfeiture proceedings under G.S. 74-56(d) to ensure proper reclamation of the mine site. In addition, failure to address the terms of this Notice may result in the assessment of civil penalties and/or injunctive relief against the permittee. Please contact Ms. Kristin Moyle, Assistant State Mining Specialist, or me at (919) 733- 4574 as soon as possible to convey your intentions in this matter. Your cooperation will be greatly appreciated. Sincerely, Tracy E. D is, P.E., C.P.M. State Mining Specialist Land Quality Section TED/km cc: Mr. Dan Sams, P.E. Ms. Kathy Cooper, Esq., Attorney General's Office Ms. Marjorie Downey, Attorney General's Office North Carolina Department of Environment & Natural Resources NCDENR Division of Land Resources — Land Quality Section 1612 Mail Service Center, Raleigh, NC 27699-1612 Phone (919) 733-4574 Fax (919) 733-2876 FacsI* MI* Ie Date: 1— 13 —0 3 TO: SO M-S k,1.- 1�u'— Phone No: Fax No: 91D- 3 5D- ac)02) FROM: w y l C_ Extension: rj�;L COMMENTS: �C',.C� C am. �2 - C- BrcVV\'5w �s s 4L KQ44 ka,s You should be receiving 3 page(s) including cover sheet. If you do not 7 receive all pages. 2lease contact sender. TRANSMISSION VERIFICATION RORT TIME 01/13/2003 14: 52 . NAME GARDNER FAX 9197158801 TEL 9197333833 DATE,TIME 01/13 14: 50 FAX NO./NAME 89103502018 DURATION 00: 01:25 PAGE(S) 03 RESULT OK MODE STANDARD ECM Selective Insurance Company of America 40 Want-Age Avenue Branchville,New jersey 07890 aF 973-948-3000 Date: January 8,2003 NOTICE OF CANCELLATION r NC Department of Environment,Health and Natural Resources 1612 Mail Service Center ®Certified Mail Raleigh,NC 27699-1612 Article# 7001 2510 0000 0246 3951 L In accordance with bond or policy condition,we hereby give you 60 days notice that we are cancelling said bond or policy. Please take notice that said bond or policy will terminate and cease to be in force at 12:01 A.M. of the date listed below. Re: �- Strip Mining Bond (Bond Number and Kind of Bond) Bond Amount: $6,600 Effective date of termination: March 12, 2003 Principal or Employee: Mac Construction Company Address: PO Box 777, Shallotte,NC 28459 Agent: Winn Insurance Agency#00-7111 ❑ Please acknowledge whether cancellation is/is not acceptable to you in enclosed Business Reply Envelope. ® No Response Necessary Selective Insurance Company of America By: lk"—GYM Attorney-in-Fact Susan Stephenson B-15 (1/90) Original Copy ❑ Principal's Copy ❑ Agent's Copy ❑ Underwriting Copy &ANSURANCEra Selective Insurance Company of America ,r} LA.LI V e 40 Wanrage Avenue ,.. Branchville, New Jersey 07890 " "> 973-948-3000 POWER OF ATTORNEY KNOW AIL MEN BY THESE PRESENTS: That the Selective Insurance Company of America, a New Jersey cor- 'f potation having its principal office in Branchville, State of New Jersey, pursuant to Article VII, Section 13 of the By- haws of said Company, to wit- " The Chairman of the Board, President,any Vice Presidents or the Secretary may, from time to time, appoint attor- neys in fact, and agents to act for and on behalf of the Company and they'may give such appointee such authority, as his/her certificate of authority may prescribe, to sign with the Companys name and seal with the Company's seal, bonds, recognizances, contracts of indemnity and other writings obligatory in the nature of a bond, recognizance or " conditional undertaking, and any of said Officers may, at any time, remove any such appointee and revoke the power and authority given him/her. does hereby make, constitute and appoint SU5AN STEPIiIxNSON its true and lawful Attorney-in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed, 'q%- bonds, undertakings, recognizances, contracts of indemnity, or other writings obligatory in the nature of a bond sub- *L= ject to the following limitations: NO LUMTATIONS N<. and to bind the Selective Insurance Company of America thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Selective Insurance Company of America, and all the acts of said Attorney are hereby ratified and confirmed. IN WITNESS WHEREOF, the Selective Insurance Company of America has caused these presents to be signed by its Executive Vice President and its corporate seal to the hereto affixed this 4 day of , O FEBRUARY 2000 EC qSelective Insurance Co BY n; State of New Jersey Jami iltre Executive ice enc <; , ; County of Sussex 2 1 921 cr 73 ' On this 4TH day o f FEBRUARY 2000 before the subscri No li to o ew jersey in and for the County of Susse:duly commissioned and qualified,came Jamie Oehileree,III of the Selective Insurance o me Wally known '• to be the officer described herein,and who executed the preceding instrument,and he acknowledged the execution IS samo, rd bei me duly sworn, deposed and said that he is an officer of said Company aforesaid;that the seal affixed to the preceding instrument is the co d Company,and the a said corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the Company;that Article VII,Section 13 of the By-Laws of said Company is now in fora. ORA IN WITNESS WHEREOF,I have hereunto act my hand and affixed my official seal at Branchville,New Jersey this Q1 fit` day of FEBRUARY -JUDITH E. CHAMBIRLMN GuuG�7 rubNOTARY I�� NOTARY PUBLIC OF NEW JERSEY ru:, CO MiSSlON �(Pll� S QQ t� 200� PUBLIC The power of attorney is signed and sealed bycstm,a under an by the authority o e /lowing u ' adoppted by the Board of Directors of Selective Insurance Company of America at a meeting an d the Gtfs of February 1987, to wit: JERS "RESOLVED, the Board of Directors of Selective Insurance Company of America authorizes an approves the use of x a facsimile corporate seal, facsimile signatures of corporate officers and notarial acknowledgements thereof on powers of attorney for the execution of bonds, recognizances, contracts of indemnity and other writings obligatory to the nature of a bond, recognizance or conditional undertaking......." f,Patricia A.Fulkrod,Assistant Secretary of the Selective Insurance Company of America,do hereby certify that the above and foregoing is a true and correct copy +t. of a Power of Attorney executed by said Company which is still in full fora and effect. IN WITNESS WHEREOR I have hereunto set my hand and affixed the seal of said Company at BqmTKv1t6,NCW Jersey this 8th day of Janytn4 Assistant Secretary B-91 (1/00) The RED border on the face of this document has a Security VOID background pattern.if it is not RED and the word VOID is visible,this is not a cartilied copy.Telephone us at Area Code 973-940.3000. North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT , (PERMITTED MINE) ' 1. MINE NAME Tarklin Mine 2. MINING PERMIT 4 10-51 3. OPERATOR MAC Construction Company, LLC_ 4. COUNTY Brunswick 5. ADDRESS PO Box 777, Shallotte,NC 28459; 551 Wagon Wheel Trail, Calabash,NC 28467 6. PERMIT EXPIRATION DATE 03/17/2010 7. RIVER BASIN Lumber 8. Person(s) contacted at site none 9. Was mine operating at time of inspection? ❑ Yes ® No 10. Pictures? ❑ .Yes ® No 11.- Date last inspected: 04/16/2012 12. Any mining since last inspection? ❑ Yes ® No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No If no, explain: Permit expired. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ® No If no, explain: 1. Provided further, and subject to the Reclamation schedule,the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. B. The side slopes to the lake excavation shall be graded to a 3 horizontal to I vertical or flatter. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. Onsite disposal of waste shall be in accordance with operating condition numbers 10.A. through D. E. The affected land shall be graded to prevent noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed areas shall be revegetated as per the revegetation plan approved by Mr. Phil Ricks,NC County Extension Director, with the NC Cooperative Extension Service, on February 1, 2000, with the exception that rye grain be utilized instead of rye grass for a temporary ground cover. In addition,the permittee shall consult with a professional wildlife biologist with the NC Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as,soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation shall be completed within two years of completion or termination of mining. 15. Did any of the above deficiencies result in offsite damage? ® Yes ❑No If yes,describe the type and severity of the damage: Crossing on access road is badly rutted, carrying sediment into watercourse. 16. Corrective measures needed and/or taken: Grade mining area slopes to a 3:1. Slopes are rutted and need smoothing. Provide temporary and permanent groundcover on all bare areas. The mining area does not appear to be able to retain water, thus a lake area is not established. Grade stockpiles to a 3:1 slope. Remove continued on back page all offsite generated trash (burned mattress, etc). Grade mine bottom so that ponding water has positive drainage. Follow revegetation plan and establish groundcover. After site is permanently stabilized, remove sediment basin and stabilize. Follow reclamation plan. Additionally, work needs to be done to access road at stream crossing. Stabilize the area with surge stone on the road,for a length of 50 yards and grass on shoulders. You may need a rock check dam where concentrated flow leaves the road. Please call Brian c Lambe if you have any questions. The bond has been scheduled to be terminated. You will need to re-instate this bond or get a new bond until the site is in a releasable condition. The deadline to re-instate the bond is April 17, 2012. Please contact Ashley Rogers regarding bond issues immediately 919-707-9225. Bond issues have been resolved. (04/16/2012 BL) 17. Other recommendations and comments: Permit expired March 17, 2010. Permit requires reclamation within two years of termination of mining. UPDATE 3/14/2012 Met with Mr. McLamb on site. Described what was needed to reclaim site. Discussed positive drainage through site, smoothing of far slope and seeding (sub pine plantings?), knocking down stockpiles, and removal of sediment trap. He said he would work on the site promptly. He had concerns of four wheelers. I told him if he was doing his due diligence in the form of a gate, I can't hold him responsible. NOD sent last inspection gives deadline of 30 days from receipt. The deadline is extended to 04/18/2012. UPDATE 3/21/2012 Met with Mr. McLamb on site. Bond has been cancelled. Stockpiles being knocked down. UPDATE 04/16/2012 Site has been graded. A small area is still ponding in center of site. Slopes are acceptable except for the east slope. Grass seed has been sowed. Grass is starting to germinate. However, no mulch was used. You will have better success if you use mulch to nurse crops until they are established. Please review your seeding specifications and apply appropriately. The east side of the pit(pine slope) should be repaired and stabilized. Ruts should be smoothed. Recommend repairing spots of severe erosion minimizing disturbance. Water bars may benefit this situation as well. If you wanted to use pines, you should plant more. A temporary cover should be used as well. Your deadline is extended to September 1, 2012. The NOD is still active. The bond has been re-instated. Update 05/03/2012 Grass is coming up well. No mulch was used. Pine slope needs to be repaired and seeded. 18. Is the Annual Reclamation Report+/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed Not received 19. Follow-up inspection needed? ® Yes ❑ No Proposed date September 1, 2012 20. No. of additional pages of Inspection R port 0 . 21. Copy of Report sent to operator 05/03/2012 INSPECTED BY: Brian Lambe DATE 05/03/2012 Telephone No: 910-796-7314_ Copy to file Copy to operator Copy to Mining Specialist RECEIVED MAY o 0 2012 LAND QUALITY MINING PROGRMA .�-, ,.,......r. .-.r-•�rti-,.�w--n f"".'-+..,.,...,�,...i�...,.-•-..y—..-�.�-w......�,v,..".l.v�.r:.-.,V..a•..'''+`.'.:...r�F,,,,(uYN',.7i..lA,.,_"Mt,-.r,.+v...w�.wwa,r...,.�li.+.n.r.,-..�.:��.r'[+:'-...,.y,Iy"Y"•^.V•--. _ _ 't, 1 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section =FD MINE INSPECTION REPORT - (PERMITTED MINE) AUG Z000 1. MINE NAME de 2. MINING PERMIT 3. OPERATOR Al h C �' , two�i� 7. A -1-4ro COUNTY 5. ADDRESS �i 7 7�1 Stir//p7 A-0 .2f;y_r1f 6. PERMIT EXPIRATION DATE .. �-t 7 - / 7. RIVER BASIN 8. Person(s) contacted at site .. 9. Was mine operating at time of inspection? X Yes ❑ No 10. Pictures? ❑ Yes %No 11. Date last inspected: Z, 109 I IMP 12. Any mining since last inspection? Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes No If no, explain: C 'v l G d I fit G LTr g r'c1? C a.IP c- r- �'. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes ❑ No If yes, describe the type and severity of the damage: 16. Corrective measures needed»and/m-aken, f&E Ahg e w air rig G S /r3 17. Other recommendations and comments: /* C'CIlJ1i/dW a �x le r -ZM.40 .61 r, q i 18. Is the Annual Reclamation Report +/-map accurate? Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? lyYes ❑ No Proposed date I ! I 20. No. of additional pages of Insp ction Report 21. Copy of Report sent to operator_/A 1 (date) INSPECTED BY: �YI614,1.1 ( DATE I I Telephone No: White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 North Carolina Department of Environment and Natural roes, Division of Land Resources, Land Quality Sectio JUN 3 0 2000 MINE INSPECTION REPORT (PERMITTED MINE) QUALIITY SECTION 1. MINE NAME ft�C1i? /f/4 2. MINING PERE]LAND # 60 - _ 3. OPERATOR cc7� c *1aR�. COUNTY .utc 5. ADDRESS C /a 6. PERMIT EXPIRATION DATE_ 3 /7-,jai O 7. RIVER BASIN 8. Person(s) contacted at site -- - 9. Was mine operating at time of inspection? I Yes ❑ No 10. Pictures? ❑ Yes ❑ No 11. Date last inspected: /* h1V • 12. Any mining since last inspection? % Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? . El Yes ,* No .. If no, explain: � z��+ �1lJ1GC2261/ 4:X 01 oe a�7`—'e t -.. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? Yes ❑ No If yes, descri e the type and severity of the damage: 9-dIr�l � i.r -�c�ir t7�� U = c• 16. Corrective measures needed alsr-takte e��c i ,. 17. Other recommendations and comments: s ,]dee,/' -76"- _.-'w*sc 18. Is the Annual Reclamation Report I A. " /-map accurate? El Yes ❑ No (Explain) Not Reviewed 19. Follow-up inspection needed? )1- Yes ❑ No Proposed date? 20. No. of additional pages of Inspection Report . 21. Copy of Report sent to operator6_12XI ctz> (date) INSPECTED BY: 6, DATE 4 I1 a 14VO Telephone No: (!216 ) �q f- 3`c White copy to file Yelloiv copy to operator Pink copy to Mining Specialist 10197 NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining land owner in the application for a mining permit filed by MAC Construction Company to conduct mining activities off SR 1345 in Brunswick County. The mining permit (no. 10- 51) was issued on March 17, 2000. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 150B-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA, a petition for a contested case must be filed in the Office of Administrative Hearings within siNly_(601 days of the mailing of this notice to you. If you file a contested case petition, it must be in writing, and in the form prescribed by N.C. General Statutes 150B-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N. C. 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 733-0926. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to' Mr. Daniel F. McLawhorn, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, N. C. 27699-1601 . Charles H. Gardner Director Division of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on 1k, � a000 Susan Edwards Mining Program Secretary 41 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ; ;. .; DIVISION OF LAND RESOURCES tr � 'W March 22 2000 aNCDENR. r. Mr. T. A. McLanb President MAC Construction Company 4A,~� P.O. Box 777 •ilwMHSH.HUNTJR " Shallotte, North Carolina 28459 -.SGOVERNOR Ira x"s RE: Tarkiln Mine s- Brunswick County Lumber River Basin WAYN6 MCDEVIr1 sLCfiT;TARY, :r=L�' Dear Mr. McLamb: F ..-5•I � '.�s., The application for a mining permit for the above referenced mine site A� has been found to meet the requirements of G.S. 74-51 of The Mining Act , :. : of 1971 . As we have received the required 'security to cover this pCHARL6S H.CARONER +% t application, I am enclosing the mining permit. ;PG:,P.E.D1RecrOW.' AND STATE GEOLOGIST The conditions of Mining Permit No. 10-51 were based primarily upon information supplied in the application with conditions added as necessary to insure compliance with The Mining Act of 1971 . This permit expires on March 17, 2010. G.S. 74-65 states that the issuance of a mining permit doesrlot supersede local zoning regulations. The responsibility of i compliance with any applicable zoning regulations lies with you. As a reminder, your permitted acreage at this site is 13.8 acres and the amount of land you are approved to disturb is 7.8 acres. { tt Please review the permit and notify this office at (919) 733-4574 of any objection or questions concerning the terms of the permit. r Try r' Sincerely, -- - racy avis, P.E. - ' State Mining Specialist "- Land Quality Section TEDItls Enclosures cc: Mr. Daniel E. Sams, P.E. '~ Ms. Monika Sharma-WRC, wlenclosures Mr. Bradley Bennett-DWQ, wlenclosures LAND QUALITY SECTION (9t9)733-4574 FAX(919)733.2876 .•d GEOLOGICAL SURVEY SECTION(919)733-2423 FAX(919)733-0900 + '-.t •>c,, , per^•" - n�{ J P.O.Box 27687, RALasaw, NORTH CAP-�LINA 2761 1-7687 TELEPHONE(919)733.3833 FAX(91 9)718.9801 —^ ^�- `•-_.....`..'J'"... �+I AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50%RECYCLED/10%POST-CONBUMEP PAPER ' i 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: MAC Construction Company Tarkiln Mine Brunswick County - Permit No. 10-51 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: March 17, 2010 f 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. Dfiiios 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 March 1 , 2010. n i ions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: 1 . A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Section, Division of Water Quality, to secure any necessary stormwater permits or other approval documents. Page 3 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any . adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, silt check dams, silt retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the,mine excavation shall. be diverted internal to said excavation or into the proposed sediment basin. C. All mining activities shall be conducted as indicated by the mine map received by the Land Quality section with the application dated February 1 , 2000. 5. All affected area boundaries (7.8 acres) shall be permanently marked at the site on 100 foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills,shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated'earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. A. Sufficient buffer (minimum of 50 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. B. All mining activities shall be conducted as indicated by the mine map received by the Land Quality section with the application dated February 1 , 2000. Page 4 10. Refuse Dispogal A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined. by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971 ): 1 ) on-site generated land clearing debris 2) conveyor belts 3) wire cables 4) v-belts 5) steel reinforced air hoses 6) drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1 . the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established. 11 . An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. 13. The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $6,600.00 surety bond is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. • Page 5 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 APPROVE[) CL M O LAN 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 ay_ G.S. 74-53 1 . The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all . excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation' simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: - 1 . Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth'of four feet measured from the low water table elevation. B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter: C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. • Page 7 D. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition Nos. 10.A. through D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revggelation Plan: After site preparation, all disturbed land areas shall be revegetated as per the Revegetation Plan approved by Mr. Phil Ricks, N.C. County Extension Director with the N.C. Cooperative Extension Service on February 1 , 2000 with the exception that Rye Grain be utilized instead of Rye Grass for a winter temporary ground cover. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamatign Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years- of completion or termination of mining. Permit issued this 17th day of March, 2000. By- Charles H. Gardner, Director Division of Land Resources By Authority of the Secretary . Of the Department of Environment and Natural Resources Date o Coo MEMORANDUM TO: File FROM: Susan Edward SUBJECT: Notice of Issuance of Mining Permit A C o he a tache ' Not e of Issuance f Mining Permit" was sent to all people listed in the Affidavit of Notification and any additional people who sent in letters. If a public hearing was held, a copy of the "Notice of Issuance of Mining Permit" was sent to all people who signed the sign in sheet at the public hearing. My initials, written in red, will be beside the names of the people in the file who were sent this "Notice" . cc: Regional Engineer r NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining land owner in the application for a mining permit filed by MAC Cpnstruction Company to conduct mining activities off SR 1345 in Brunswick County. - The mining permit (no. 10- 51) was issued on March 17, 2000. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 150E-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA, a petition for a contested case must be filed in the Office of Administrative Hearings within sixty 60 days of the mailing of this notice to you. If you file a contested case petition, it must be in writing, and in the form prescribed by N.C. General Statutes 1 50B-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N. C. 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 733-0926. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Mr. Daniel F. McLawhorn, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, N. C. 27699-1601 . Charles H. Gardner Director Division of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on �, c � QOOO Susan Edwards Mining Program Secretary 0 Mine Renews Subject: Mine Reviews Date: Wed, 15 Mar 2000 09.18.35 -0500 From: Dan Sams <Dan.Sams@ncmail.net> To: Judy Wehner<Judy.Wehner@ncmaiI.net>, Tony Sample <Tony.Sample@ncmail.net> CC: Tim Holland <Tim.Holland@ncmail.net> J& T: I have a couple of mine applications on my desk that 1 have allowed to gather dust awhile after the WiRO staffers gave them to me. I apologize for my tardiness. If you have already reached a final disposition for these applicants, please ignore these comments: - Four Points Minerals Mine No II. C.R. Peele; Onslow County. Site was checked in the field on February 16, 2000, and field conditions were accurately reflected on the plan. While planned erosion and sediment control devices are reasonably extensive, the plan is unclear about the proposed depth of excavation and the long-term effects that a deep pit would pose for those proposed E&SC measures. Tarkiln Ridge. MAC Construction Company, Brunswick County. The site was inspected on February 18, 2000, and the plan accurately reflected the site conditions. Again the plan is unspecific regarding the proposed depth of excavation and the slopes of the perimeter. Depending on the circumstances, the silt basin's ability to function could be effected by the excavation's depth. ._ Ocean Pines pit. Ocean Isle Beach Developing, Inc.; Brunswick County. It was inspected on February 18, 2000, and the plan reflected field conditions. The transition between the new pit and the existing pond needs to be clarified, e.g. is a strip of land to be left them initially to leave the pond water intact or does the operator plan to drain the pond during excavation? Dan Sams<Dan,Sams@,ncmail.net> I of 1 3/15/2000 12:26 PM t • • { i f 1 s, .� ram' '� t• r�� im n ® i ft d1 is d yr v.q North Carolina Department of Cultural Resources State Historic Preservation Office James B.Hunt Jr.,Governor Division of Archives and History Betty Ray McCain,Secretary Jeffrey J.Crow,Director February 28, 2000 MEMORANDUM TO: Tracy E. Davis MAR — 3 2000 Land Quality Section Division of Land Resources, DENR DENR LAND OUALITY SECTION FROM: David Brook Deputy State Hist is Preservation Officer SUBJECT: Application for Mining Permit Tarkiln Ridge Mine, Brunswick County ER 00-8817 Thank you for giving us the opportunity to review and comment on the above project pursuant to Chapter 74, Article 7 of the North Carolina General Statutes. Because of the location and topographic situation of the proposed project area, it is unlikely that any archaeological sites which may be eligible for inclusion in the National Register of Historic Places will be affected by the proposed borrowing. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. Thank you for your cooperation and consideration. If you have questions concerning the above comments, please contact Ms. Renee Gledhill-Earley, Environmental Review Coordinator, at 919/733-4763. DB:sgm Location Mailing Address Telephone/Fax ADMINISTRATION 507 N.Blount St.,Raleigh NC 4617 Mail Service Center,Raleigh NC 27699-4617 (919)733.4763n33-8653 ARCHAEOLOGY 421 N.Blount St.,Raleigh NC 4619 Mail Service Center,Raleigh NC 27699-4619 (919)733-7342/715-2671 RESTORATION 515 N.Blount St.,Raleigh NC 4613 Mail Service Center,Raleigh NC 27699-4613 (919)733-65471715-4801 SURVEY&PLANNING 5IS N.Blount St.,Raleigh NC 4618 Mail Service Center,Raleigh NC 27699-4618 (919)733-6545/715-4801 03/E13/2000 11:51 9107547179 MAC CONSTRUCTIO COM WAGE 02 MAC CON MI918N O MPANY a PO Box 777 Shallotte, NC 26459 91 Q-754.7177, 910-764-7179 Fax CO ) r.r�se,Maiaanbr Press Aepnit pavan C no raator ear rmrp,dice Ata' JOWL War. North Carolina Dept. of Environment .And Natural Resources Land.Quality Section P. Q. Box 27687 Raleigh,NC 27611-7687 Ref: Revision far Borrow Pit Date: March 3, 2 0 0 Attn: Tony Sample We would like to change the application that was submitted for approval to the following: 1.) The sand pit will be left as a pond 2.) All side slopes will be graded 3A Applicant Earl 'harp Gen,M$r.Nioe President f }} 4 I 03/0-2/2000 11:51 9107547179 MAC CONSTRUCTION COM PI*E 01 t MAC CONSTRUCTION COMPANY y , * P.O.BOX777 SHALLarTF.N.C.2W9 ' 'fEI.EP1101� (910) 7J47177 FAX(910) 754-7179 FAX COVER 9OMT .DAZE: _O3-D _ $` To - AT iN: FAX NO. �ft�rifts Lie_ FR')M. 77 PA GES FAXED(including cover•&td) bE-SSAGE; _ _ NORTH CAROLINA DEPARTMENT OF ,•, i< ENVIRONMENT AND NATURAL RESOURCES ;ei�^�►;r•�' -'jv' DIVISION OF LANQ RESOURCES T,Y ,MKS B.HNNTJR, Fax )VERNOR 4.W To: 'AYN> NlcoevlTr`'Sy-; Of: 4CpETARY� �, =..• E• ;�3�•� -"� Fax: P:lyeS: in cluding cover ghe-.t SARVEB GARD NE lfrtrfi�� s p.P.r.DIRECTCR ' le STATE GBOLOG[ST,d+ Date: ✓ f.;i: Comments: , t-' -- ' =y FROM: Land Quality Section ;;: '�"""'�*=.+► Telephone: (919) 733-4574 Fax Number: (919) 715-8801 or (919) 733-2876 AI 4:+ Y A '•r•: ''•����.;��a.+ LAMQ QUALITY SlCTIOM S9191 733.4574 FAX I9191 733.2e78 fit•'' '� '.r Y'� CCOLOCICAL SUAV!Y SECTtON{9191 733-2A23 FAX(OM 733.0700 ' r TRANSMISSION VERIFICATION RE TIME 03/03r 2E00 10:47 NAME GARD!dE .R FAX : 9197!! 8E01 TEL 9197 3: 3E 33 Ear. DATE,TIME 03/03 10:45 ' FAX NO./NAME 89107547179 PAGE(S) DURATION 04:01:42 RESULT OK ;} MODE STANDARD ECM i e ri Surface Mining Manual• Reclamation Bonds MINE RECLAMATION BOND CALCULATION WORKSHEET to/16/95 (based upon 10-year mine/affected area plan) P t No. Permittee/Applicant: L Mine Name; AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE COST Tailings/ Sediment Ponds .fir Ac. X $ "d / Ac. = $ 5,6-.60 Stockpiles Ac. X $ / Ac. = $ Wastepiles Ac. X $ / Ac. W $ Processing Area/ Haul Roads r/ 0 Ac. X $ /�Gb- / Ac. = $ /00.ea Mine Excavation !,0 Ac. X $ DO / Ac. = $ 379Sr Other f Ac. X $ / Ac. = $ �`TOTAL AFFECTED AC. : 4 Ac. 13,$ �� j 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 (0.8 Ac. b) Positive Drainage /. a Ac. X $ 1500 / Ac. = $ �Tbo SUBTOTAL COST: $ S Sad .Oo Inflation Factor: 0.02 X SUBTOTAL COST: $ 110.66 X permit life: /6 (1 to 10 years) INFLATION COST: $ //06 •as TOTAL COST = SUBTOTAL COST + INFLATION COST = $�G C �fP,o c TOTAL RECLAMATION BOND COST: $ G�G.o6.00 (round down to the nearest $100) Figure 17-1 -Bond Calculation Worksheet(Page 1) February 1996 North Carolina Department of Environment, Health and Natural Resources 17-5 Reclamation Bonds .Surface Mining Manua! I I -2- ia«s Bond Based Upon: Annual Reclamation Report Form Acreage Approved 10-Year Maine/Reclamation Plan ✓ Remarks: Bond Calculated By: Date of Bond Calc ation: *PLEASE REMIT THE REQUIRED BOND, ON ONE OF THE BOND FORMS APPROVED BY THE DEPARTMENT, AS SOON AS POSSIBLE TO OBTAIN YOUR NEW MINING PERMIT OR TO ENSURE THAT YOUR EXISTING MINING PERMIT REMAINS VALID IF YOU SHOULD HAVE. ANY QUESTIONS ON THE ABOVE, PLEASE CONTACT THE INDIVIDUAL WHO CALCULATED YOUR BOND AT (919) 733-4574. Figure 17-1. Bond Calculation Worksheet (Page 2) 17-6 North Carolina Department of Environment, Health and Natural Resources February 1996 PVT 5 V. �� NORTH CAROI_INA DF—PARTMENT OF a ' ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES N rl February 8, 2000 161:01 0��,1/j tL MEMORANDUM /UG�✓ C 1'0: Mr. Bennett Wynne }� ";JAMES S.HUNT jR1.{; 14. . NpR .71 f Habitat Conservation Progra ordinator t ' r `. Wildlife Resources Commis c p 3 zoo io, , i f FROM: Susan B. Edwards wAvNmin eoevl Mining Pro ram Secretary LND QUDENA ALITY SECTION �+1nnt�se. +s +r Eri Land Quality Section 4 '� � • SUBJECT: Mining Permit Application Rec1uest fbr Mac Construction Com an Y Tarkiln Ridge k C-MAR EMMU m UR Brunswick County - •� A�D MUTATE-"O ry4p'Is71'y ft Please filed attached for your review a copy ofthe mining' pen lit appllcatloil� request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater [isheries (G.S. 74-51 (2)). Please respond by March 8, 2000 so that we may coillplcte our review of this request within our statutory time linlits. As is the case in our review of all mining pernlit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be great! appreciated. If our Maffwishes to greatly p Y , � # perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of You]- comments to the person noted in the application. RETURN ALL APPLICATION 4, :" °--=•� ""` MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation in the review of these type requests is greatly appreciated. Please contact Mr. Tony Sample at 41 q 733-4574 if You have an questions. Win s +a' R' '� •'�" il.' Attachments A s'/t/ cc: Mr. Dan Sams wt LAND QUALITY SECTION (919)733-4874 FAX(9f 9)733-287$ • r 15 } '� GEOLOGICAL SURVEY SECTION(91 9)733-2423 FAX(919)733-0900 P,O.BOX 27687, RALEIGH,NORTH CAROLINA 2761 1.7687 TELEPHONE(919)733-3833 FAX (919)715-8801 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTIDN EMPLOYER-50% RECYCLED/10% POST-CONSUMER PAPER �- � NORTH CAROLlNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WNWDIVISION OF WATER RESOURCES February 23,2000 JA'Ica ,';H{!NT'JRai �Go ERNORp *' MEMORANDUM _ T FF TO: Ms. Susan B. Edwards e1L; OLMAN . Mining Program Secretary $ Li 1 I' SECRETARY �• Land Quality Section DENR o FROM: Donald J. Friday LANDOUALITY SECTION JOHN4 M0RR18 . e Nat Wilson mv Water Allocation Section 0 9 � Division of Water Resources O SUBJECT: Comments on the mining permit application for: A' Tarkiln Ridge Mine 08 m °g Brunswick,County oa P Please find attached a copy of the mining permit application for the above referenced project. The Tarkiln Ridge Mine located in Brunswick County appears not to " have an unduly adverse effect on potable ground water supplies or ground water quality. If you have further questions please do not hesitate to call Nat Wilson -_ at (919) 715-5445 or Donald Friday at(919) 715-5435. 0 �r L� 900 DENR LAND(UALIfY SECT P o ° O MAILING ADDRESS: 1611 MAIL SERVICE CENTER, RALEIOH, NC 27699.1611 PHYSICAL ADDRESS: 512 N. SALISBURY STREET, RALEI6H, NC 2.7004 !J PHONE 919-733-4064 FA%DID-733-3558 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER �M cp ra quo a J YTiJAIJO GM L - tat„ NORTH CAROLINA DEPARTMENT OF ^� ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES (� February 8, 2000 NCDEI�IRy` MEMORANDUM TO: Mr. Nat Wilson AME6 B.»uNTJIi: Hydrogeology Group GOVERNOR o' . . Division of Water Resources FROM: Susan B. Edwards ff"/, Mining Program Secretary wAYNpDEV a Land Quality Section SECRIZTARY4 ° kz q °� o SUBJECT: Mining Permit Application Request for Mac Construction Co. °© a Tarkiln Ridge Mine o g a Brunswick County % RILES - GA ER Please find attached for our review a co of the mining permit yy,,rrPG.,P.E..DIR6�OR Y copy � tAN66TA E,�eo�O�IST application for the above referenced project. 9� a Please review this information and advise as to the probability of this 02. operation having an unduly adverse effect on potable groundwater supplies (G.S. 74-51 (2)) or groundwater quality (G.S. 74-51(3)). Please respond by March 3, 2000 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and rr ► time. Also, please send a copy of your comments to the person noted in the 1 application. ----- PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. 0 Your continued cooperation is greatly appreciated. Please contact Mr. m Tony Sample at (919) 733-4574 if you have any questions. ISBE Attachments cc: Mr. Dan Sams O a.w. w p LAND QUALITY SECTION (919)733-4574 FAX(91 9)733.2876 °q GEOLOGICAL SURVEY SECTION(919)733-2423 FAX(919)733-o9o0 P.O.BOX 27687,RALEIGH,NORTH CAROLINA 2761 1.7667 TELEPHONE(919)733-3833 FAX(919)71 B-88D1 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50%RECYCLED/10% POET-CONSUMER PAPER �,. T z000 NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environment and Natural Resources Division of Land- Resources Land Quality Section N O R T H O A R O i i N A R O Y R A Y P . O . Box 27687 Raleigh , North Carolina 27611-7687 (919) 733-4574 Revised 11198 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Tarkiln Ridge _ County Brim wi c 2. Name of Applicant* MAC Construction company 3. Permanent address for receipt of official mail** P•o• sox 777 Shallotte, NC 28459 Telephone (91 0 ) 7 5 4-71 7 7 4. Mine Office Address P. O. Box 777 Shallotte, NC 28459 Telephone ( 91 0) 7 5 4-7177 5. Mine Manager Earl Tharp 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 to revoke the permit. ***Signature Date 0 2-01 -0 0 Print Name !P, 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 fora permit within 60 days of receipt of a application or, if a public hearing is held, within 30 days following the hearing and the filing of any suppllemental information reqquired 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. • 0 APPLICATION FOR A MINING PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: 1. a. If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit this is the acreage that the "new permit" fee will be based upon): 17. 8 Of this acreage, how much is owned and how much is leased? Acres owned:r _ 8 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.: 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: I (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 go.: 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 cente of the mine • site: LONGITUDE (dd-mm-ss): 3 4' -- 0 0 -- . 0 9 Quadrangle: 6—�-c LATITUDE (dd-mm-ss): 78 -- 19 -- . 01 River Basin: 3. Name of all materials mined: Sand 33 4� APPLICATION FOR A MINING PERMIT 4. Mining method: Hydraulic Dredge Front-end Loader & Truck Shovel & TruckxX Dragline & Truck Self-loading Scraper Other (explain) 5. a. Expected maximum depth of mine (feet) 10 Reference elevation: 52 b. Expected average depth of mine (feet) 7 6. Has any area(s) at this site been mined in the past? Yes No X If no, proceed to Question 7. a. Acreage of previously affected land(s) at present site that has not been reclaimed: acres (identify all areas on your mine majp(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 acreagge for each): Cropland acres Pasture acres Forestry '1 . 8 acres Fish/Wildlife acres Recreation acres Other acres (Specify use: S. Proposed land use after mining and reclamation has been completed (estimate acreage for each): Cropland acres Pasture acres Forestry 7 . 8 acres Fish/Wildlife acres Recreation acres Other acres (Specify use: 9. Number of years for which the permit is requested (10 years maximum): 10 B. MAPS 1. Four (4) copies of the county highway maps and four (4) copies of all mine maps and reclamation maps shall be submitted with each permit application. t County highway imps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919) 733-7600 Clearly label and mark the location of your mining operation on the county highway maps. -3- APPLICATION FOR A MINING PERMIT 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate)acreage. As a reminder, Honing 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. fi. 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 flood lain limas and wetland boundaries. o. Names of owners of record, both public and private, of.all adjoining land. p. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales must, at a minimum, meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-99 Acres 1 inch = 50 feet 100-499 Acres 1 inch = 100 feet 500+ Acres 1 inch = 200 feet -4- 0 0 APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds 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 LICATION WILL NOT QUESTIONS/STATEMENTS COMPLETE WITHOUT OUGHOUTLLREL RELEVANT ITEMS. THIS BEING EING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. a. Will the operation involve washipg 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 dischar in fresh or waste water from the mine or plant? Yes No X I1 yes, brie, y describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine maps). c. Will any part of the proposed mine excavation(s) extend below the water table? Yes No x . If yes, do you intend to dewater the excavation(s)? Yes No X . If yes, what impact, if any, will mine dewatermi have on neighboring wells? Locate all existing wells on the mine map(s) that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or statements made. Indicate whether the proposed mine locale is served by a public water system or private wells. d. If the mine will extend below the water table, what is the pre-mining depth (in feet) to the seasonal high and low ground water tables? High - ft. Low ft. What is the source of this information? No 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 X . If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? Water Truck 3. Describe in detail the chronological sequence of land disturbing activities and reference the sequence to the mine map(s). Attach additional sheets as needed. Removal of borrow dirt operation to be contained in 1 to 2 acres. After removal of available borrow from this area, vegetative cover to be provided. This wequence will be used throughout the borrow area. 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/none 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. 100 ' x 50 ' Silt Basin with 30" outlet pipe At end of outlet pipe place Energy Disipator(CL-B structural stone and Filter Fabric) At construction entrance, place No. 57 Stone min. 15' wide x 50 ' -7- 0 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 Iocated 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). 50 ' 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 maps). 50 ' 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Side slopes graded 3 to 1 and proper vegetive cover on slopes. 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. 1000 ' away from any permanent buildings or structure. 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 detaillcross- section and location of each type of barricade to be used must be indicated on the mine map(s). Access road locked at night 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. All side slopes 3: 1 and greater will be grassed 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). Slopes graded 3: 1 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 sgfety benches and mine benches, and the expected maximum depth of the excavation. none 7. Are acid producing minerals or soils present? Yes No x How will acid water pollution from the excavation, stockpiles and waste areas be controlled? -9- 0 APPLICATION FOR A MINING PERMIT S. 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. Berm, vegetative cover or buffer zone of trees where possible. 9. Will explosives be used? Yes No x If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring—Property from flying rocks or excessive air blasts or ground vibrations. Locate the nearest o site occupied structures) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 10. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes No x If yes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the location(s) of all storage facilities on the mine map(s). 11. Are any processing waste, overburden or other such mine wastes to be disposed of off-site? Yes No x . If yes, describe in detail what these wastes are and how they will be disposed. Attach a separate site maps) showing the location(s) of the disposal area(s). Include all specifications for erosion and sediment control. -10- APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the general methods to be used in reclaiming this land. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). Level and grass after excavating approximately 2 acre 2. a. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes No x 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 x 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. outlet str attached to silt basin -11- 0 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. None 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. All excess overburden or organic materials will be graded into slopes and vegetative cover provided. S. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. All areas to be grassed after mining completed. b. Will any on-site roadways be left as part of the reclamation? Yes NoX . If yes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization. -12- 0 0 APPLICATION FOR A MINING PERMIT 6. Describe the method of reclamation of settling ponds and/or sediment control basins. Any sediment basins will be maintained as needed to prrevent any damsge to surrondings areas. once mining is completed basins will be 7. Describe the method of control of contaminants and disposal of scrap metal, junk machine6?T@Mesa' or other such waste products of mining. (Note definition of refuse in The Mining Act of 19971). No shall be disposed of on the mine site without lid written approval from the NC De ent of Environment and Natural Resources, Land Quality Section gadeither the Division o Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with a list of items to be disposed in said areas. There will be no scrap metal, cables, ect. stored on area. 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 wry permanent channels to be constructed as part of the reclamation plan. Indicate the location(s) of all permanent channels on the reclamation map. See plan detail on existing ditch. 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. Will be completed after proposed pit area is mined. -13- DATE JOB FOR 02101/2000 DESIGN CALCULATIONS FOR SEDIMENT BASIN MAC CONSTRUCTION CO OUTLET STRUCTURE BORROW PIT IN BRUNSWICK COUNTY DETERMINE SEDIMENT BASIN SIZE. DESIGN STORM = 10 YEARS SEDIMENT STORAGE REQUIRED = 1,800 CF 1 ACRE DISTURBED 1,800 CF X 7.8 ACRES 14,040 CF IF BOTTOM AREA IS 5,000 SF THEN STORAGE DEPTH = 14,040 CF 15000 SF =2.8 ACRE MAKE BASIN DEPTH 5.6 FT. DEEP USE 30"CMP FOR OUTLET I 14 ! Ei s rr ., To PZA r J �y_r5r1�1(o !►..1 COmr�� Sw�]tr�S \ 2 IN 30 if e/ p Zyg 6ToeAstF�lr 71�EICr (�D p. / 4�7 �2AnE 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. LEAF, - RATE OF APPLICATION (tons/acre): Apply up to ( 1 ) ton lime per acre to soil less than 6" rmoved/disturbed. ( 2 ) tons per acre if more than 6" removed/disturbed. FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): Apply 40-60 lbs per acre @ planting and 40-60 lbs N. during growing season. 00 SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING BAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes) Seed Tunes: Seeding Dates: Seeding Rates; See Attached Sheet for season planting MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: The uniform application of 1 1 /2 - 2 tons of straw per acre should provide 75% cover. Cover in excess of 75% cgu1d reduce proper plant growth after seed g�ermination. OTHER VEGETATIVE COVERS - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/ a re ti pl approved by: Signature Date Februar 01 2000 Print Name Phil Ricks Title , NC County Extension Director Agency NC Cooperative Extension -14- - i I } ,yT`i itir� �:L, •- I r � � _. • i . '> �. i j • FEB- 1-00 TUE 9: 3! AM BRUNS, CO, COOP, EXT, PA NO. 910 253 2512 P, j • Permanent Seed Mixture for Dry Soils 'Temporary Seeding Dry Soil Permanent Seed Mix (April - September) Temporary seeding controls runoff and . . ... erosion until permanent vegetation or other erosion Species` Seed'RaEe;(t►er acra.: control measures can be established. The purposq is to ternporwily stabilize disturbed areas that will not $ahiagrass 30 lbs, be brought to final grade for a period of more than Berinudagrass 30 N. 30 working days. Generally, annual plamts are or plants that will not survive in climatic regions for Centipedegrass 10 lbs. more than 1 year due to environmental stress are utilized. Kobe Lespedeza 20 lbs Winter Temporary Seed Mixture Annual Ryegrass 25 lbs. or Temporary seed mixture (September - April) German Millet 8'pctsies. : } 'Se .iitete:,( ar snare : Total Seed Mixture 115 lbs./acre Tall Fescue 50 lbs. Permanent Seed Mixture for Wet Soils Annua! lZyegrass 50 lbs. Wet Soil Permanent Seed Mix (April - September) Total Seed 100 lbs./acre [VIIXtitre ;SyJ,��ies,,, °Secd,:lZtit�•( ,er•u�ar •, Bahiagrass 25 N. Sommer Temporary Seed Mixture Sermudagrass 25 tbs. Temporary seed mixture (May • August) Cartpetgrass 25 lbs. 3 eciea• 'See¢>Aaee..(per'acrc)� Anmial Ryegrass 25 lbs. German Millet 50 lbs. or Getman Millet Total Seed 50 lbs./acre Total Seed 100 lbs./acre M.ixntre Mixture 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 $S,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 aDDroximate acreage, or each as ect o the mining operation, that you intend to affect during the lie Qf this mining ermit in addition lease insert the qppropriate reclamation cast/acre for each category from the Schedule of Reclamation Coviv lzrovided with this application form): AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE COST Tailings/Sediment Ponds . 11 Ac. X „ $ 500. 00 /Ac. = $ 55. 00 Stockpiles Ac. X $ /Ac. = $ Wastepiles Ac. X $ /Ac. = $ Processing Area/Haul Roads . 1 0 Ac. X $ 500. 00 /Ac. = $ 50. 00 Mine Excavation 7. 6 g Ac. X $ — so 0_ o o /Ac. = $a 8 4 5. 0 0, Other Ac. X $ /Ac. = $ TOTAL AFFECTED AC.: 7. 8 0 Ac. Temporary& Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage, measures will be needed to prevent offsite sediment. a) Internal Drainage 7. 80 Ac. b) Positive Drainage Ac. X $1500 / Ac. $ 11 , 700. 00 SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ 313 . 00 X Permit Life (1 to 10 years): 3, 130. 00 INFLATION COST: $ TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 1 8. 7 8 0. 0 0 TOTAL RECLAMATION BOND COST: _ $ 18, 800. 00 (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 44NG PERMITS AND FOR PERMIT MODIFICATIONS THAT ADD ADJACENT LAND TO A M IING PERMIT. ■ SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -16- • i NOTICE Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that MAC Construction Company has applied on 02-01-2000 (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 M (b) a modification to add adjacent land to an existing surface mining permit ❑ 'r The applicant proposes to mine Sand on 7.8 acres located (Mineral, Ore) (Number) 2 MI N. of Shallotte, RT on Royal Oak, o�T on Sanders to unpaved Rd. (St ) (Miles) (Direction) (Nearest Town) off/near road Off Sanders Rd (Ocean Side Corp.)m Brunswick (Road Number/Name) (Name of County) *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINYNG 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 stg�uficant 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 avRILcation.. fly 4589 OoaEz HW. E. (Addressee's Name and Address) FUxtaLy 02, 2000 (Date of Issuance of this Notice/Mailed to Addressee) MSC .im Ompany (Name of Applicant) P. O. BoK 777 gvlTrtbe 1c 28959 (Address of Applicant) -17- NOTICE Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that MAC Construction Company has applied on 02-01 -2000 (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 Sand-, on 7. 8 acres located (Mineral, Ore) (Number) 2 MI N. of Shallotte, Rt on Royal oakofLt on Sanders to unpaved road. (Shallotte (Miles) (Direction) (Nearest Town) off/near road Of f Sanders Rd (ocean Side Cork. ) Brunswick (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 sigru'ficant 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 gRplication review process until a final decision is made on the application. Sun & Surf Containers 2589 an 5uef Ln 1w1, giat7ri-ha, Nc 28470 (Addressee's Name and Address) Fdxu�xy 02, 2000 (Date of Issuance of this Notice/Mailed to Addressee) MC Cbrstvmtiim Company (Name of Applicant) P. o. Bx 7T7 Shallotte NC 28459 (Address of Applicant) -17- NOTICE Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that MAC Construction Company has applied on 02-01 -2000 (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 Sand on 7. 8 acres located (Mineral, Ore) (Number) 2 Mi N. of Shallotte, Rt. on Royal Oa} fLt, on Sanders to unpaved Rd. (Shallotte) (Miles) (Direction) (Nearest Town) off/near road Off Sanders (Ocean Side Corpt) Brunswick (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 Si gnificant 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 Minn Act of 1971 throughout the armlication review rocess until a final decision is made on the a lication. Ocean Side Corporation P. O. Box 4640 Calabash, NC 28467 (Addressee's Name and Address) February 02, 2000 (Date of Issuance of this Notice/Mailed to Addressee) MAC Construction Company (Name of Applicant) P. 0. Box 777 Shallotte, NC 28459 (Address of Applicant) -17- APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, MAC Construction Company , 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 mailed, y certified or registered mail, to said owners of record at their addresses shown below, such notice being on a form provided by the Department: 17gNiv (Adjoining Landowner Name) (Address) nternational Paper Shallottte NC 2847 Sun & Surf Containers 2589 Sun Surf Ln. Nw, Shallotte, NC 28470 Ocean Side Corp. P. C- Box 4640 Calabash, NC 28467 (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) Jimmy Varner P. O, Box 249 Bolivia, NC 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 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 vide them to the epartment upon request. 02-01--2000 Date Signature pplicant If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) Earl Tharp ; (title of person executing Affidavit) Vice President/ General Manager 1, , a Notary Public of the County of Q. , 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 Notary My Commission expires: 7 ZU d 1- -18- ! 0 APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT Signature Signature Print Name: Print Name: Earl Tharp Address P. 0. Sox 4640 Title: vice President/General Manager Calabash, NC 28467 Company: MAC Construction Company Telephone (910) 579-3737 Mine Name: Tarkiln *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 aQpropriate process ing�A* (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. Inq uiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. -19- r 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 50o Sand & 1 but less than 5 150 100 100 Gravel, Gemstone, a13d 5 but less than 25 250 100 100 Barrow Pits 25 but less than 50 500 250 Soo 50 or more 1000 500 Soo Quarry, 1 but less than 10 250 100 100 Industrial Minerals, 10 but less than 25 1000 250 Soo Dimension Stone 25 but less than 50 1500 Soo 500 50 or more 2500 Soo Soo Peat & 1 or more 2500 Soo 500 Phosphate Gold (Heap Leach) , 1 or more 2500 Soo 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. 3144 -20- LAND UALITY SECTION HEAD UARTERS Francis M.Nevils.Jr.,P.E. James D.Simons,P.G.,P.E.-Chief Engineer Caroline Medlin-Sediment Education Courier-52-01-00 Section Chief William H.Noyes,Jr.,P.E.-Sediment Specialist Specialist (919)733-4574 512 N.Salisbury Street David H.Ward-Assistant Sediment Specialist FAX N(919)733-2876 P.O.Box 27687 Tracy E.Davis,P.E.- Mining Specialist Secretaries Raleigh,NC 27611 Judy Wehner-Assistant Mining Specialist Jeff Meador-Sedimentation Education Tony L.Sample-Assistant Mining Specialist Jan Bolick-Lead Secretary Intern Jaynes K.Leumas,P.E.- Dam Safety Engineer Stephanie Lane-Sediment do Darns Joseph Ellerbee-LAN Coordinator Richard Moore-Assistant Dam Safety Engineer Susan Edwards-Mining Scott Harrel-Assistant Dam Safety Engineer LAND QUALM SECTION REGIONAL OFFICES ASHEVILLE MOORESVILLE WINSI'ON-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 28115 Winston-Salem,NC 27107 Raleigh,NC 27609 Asheville,NC 28901 COURIER-13-15-01 INTEROFFICE COURIER-12-59-01 COURIER-09-08.06 (336)7714600 (919)571-4700 (828)251-6208 (704)6634699 FAX#(336)771-4631 FAX I(919)57I4718 FAX#(828)251-6452 FAX S(704)663-6040 Alamance Alieghany Ashe Chatham Durham Edgecombe Avery Buncombe Burke Alexander Lincoln Caswell Davidson Davie Franklin Granville Halifax t Caldwell Cherokee Clay Cabarrus Mecklenburg Forsyth Guilford Rockingham Johnston Lee Nash n Graham Haywood Henderson Catawba Rowan Randolph Stokes Sur y Northampton Orange Person Jackson Macon Madison Cleveland Stanly Watauga Wilkes Yadkin Vance Wake t McDowell Mitchel Polk Gaston Union Warren Wilson Rutherford Swain Transylvania Iredel Yaxxry FAYETI'EVILLE WILM]NGTON WASHINGTON WILLJAM VINSON(TOBY) DAN SAMS,P.E. FLOYD WILLIAMS.P.G. 225 Gran Street 127 Cardinal Drive,Eat, 943 Washington Square Mal Suite 714 Wilmington,NC 28405-3945 Washington.NC 27889 Fayetteville,NC 28301 COURIER-16-04-01 COURIER-14-56-25 COURMR-04-16-33 (252)946-6481 (910)06-1541 (910)395-3900 FAX#(252)975-3716 FAX#(910)486-0707 FAX 0(910)350-2004 Beaufort Berne Camden Chowan Anson Montgomery Scotland Brunswick New Hanover Craven Curtintck Dare Gates Bladen Moore Carteret Onslow Greene Hertford Hyde Jones Cumberland Richmond Cohmrbus Pender Lenoir Martin Pamlico Harnett Robeson Duplin Pasquotank Perquimans Pitt Hoke Sampson Tyrrell Washington Wayne REVISED 11198 SCHEDULE OF RECLAMATION COSTS IN97 (based Upon range - f 5 - e e e costachd.bnd 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.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 WXTHX 3 0 JAYS TO THE FOLLOWING ADDRESS e Mining Program Land Quality Section P.O. Box 27687 Raleigh, North Carolina 27611 ALL jjSTIKATES MUST INCLUDE THE FOLL0WMg._.A6_A_KXNXKM_ - 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 SPILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. 1,000 copies of this public document wYre printed at a cost of$564.00 or$56 per copy. 12198 DEPARTMENT OF ENWRONMEM•AND NAMRAL RESOURCES DIMON OF L AFD RESOURCE'S-LAND QUALITY SECITON —22— I .. '?. _ - ..__. r.r. .... . ._ J{,,.__:..'r" .i.-.ter .�-. .- ...,.yj,e-.,... .-��.. r,+._.... .. '` _. ., ..:,ti;: ...•.r'..'.,y .r,�i...., n . .,.�._ ,,...,�1 nn t DATE TO ASSISTANT W—' —'aCC0(D DATE �SUSAN _Z LOGGED IN ?�!1 A10, l�--5 MINING CHECKLI_ST FOR RounNG CA11 F-. Company, hl A c_ L'ens�,�c��� ifea. Project Name Permit No. County Date Received 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 Fee Received: Amount 4 ZSo r Please route to: ❑� � �+�, ���o� Field Office Date Routed -'��— 0' Wildlife Resources Commission Date Routed * Archives and History Date Routed 1 Other: W /Cc Date Routed Suspense Date for Comments: 3 ' S -Do (Date received +30 days, not on weekend) 11 Please note the following; �w�- dcA�/,�i 3- s - ° ° #01 //q *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 NORTH CAROLINA DEPARTMENT OF x .. ENVIRONMENT AND NATURAL RESOURCES "` rLY, DIVISION OF LAND RESOURCES F- �.:,�j,'� February 8, 2000 YNCDENR°.' MEMORANDUM TO: Mr. Nat Wilson 4•JAMBS B.HUNTJR: .�yr Hydrogeology Group GOVERNOR ~ r %. Division of Water Resources n,a n FROM: Susan B. Edwards h Mining Program Secretary ."MAYNE MCDEVITT Land Quality Section IF SECRETARY c •r� ' '. SUBJECT: Mining Permit Application Request for Mac Construction Co. � Tarkiln Ridge Mine Brunswick County CARL68 H.GARDNER ...,RG.,P.E.DIRECTOR. Please find attached for your review a copy of the mining permit AND b�'ATE�GEDLa¢E81'`• application for the above referenced project. Please review this information and advise as to the probability of this _ operation having an unduly adverse effect on potable groundwater supplies (G.S. = � 4 a 74-51 (2)) or groundwater quality (G.S. 74-51(3)). Please respond by March 3. ;�• 0` 2000 so that we may complete our review of this request within our statutory time _ limits. �r ' Any comments your agency can provide regarding potential effects on �= potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, ?� for reasonable protection of groundwater quantity or quality. I " If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and -; -� time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS ' WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Mr. ___.. Tony Sample at (919) 733-4574 if you have any questions. /SBE _ ^^ Attachments y, cc: Mr. Dan Sams LAND QUALITY SECTION (919)733-4574 FAX(919)733-2878 GEOLOGICAL SURVEY SECTION(919)733-2423 FAX(919)733-0900 P.O.Box 27687,RALEIGH,NORTH CAROLINA 2761 1-7687 TELEPHONE(919)733.3833 FAX(91 9)715-8601 AN EQUAL OPPORTUNITY/AVVIRMATIVU ACTION EMPLOYER-90% RECYCLED/10%v POST-CONSUMER PAPER P.O.BOX 777 MAC CONSTRUCTION COMPANY SHALLOTTE, NORTH CAROLINA 28459 DATE INVOICE N0. DESCRIPTION INVOICE AMOUNT DEDUCTION BALANCE 2-02-00 02022000 Mining-Tarklin Ridg 250 . 00 . 00 250 . 00 CHECK 2-02-00 CHECNUMBR 11189 TOTALS 250 . 00 . 00 250 . 00 PLEASE DETACH THIS PORTION AND RETAIN FOR YOUR RECORDS BRANCH BANKING&TRUST COMPANY 11189 MAC CONSTRUCTION COMPANY BB&TSHALLOTTE, NC 28459 P.O.BOX 777 68-112I531 SHALLOTTE,NORTH CAROLINA 28459 PHONE(910)754-7177 Pay: *************************************Two hundred fifty dollars and no cents DATE CHECK NO. AMOUNT February 2, 2000 11189 $********250 . 00 PAY TO THE N.C. Dept.Environment & Nat. MAC CONSTRUCTION COMPANY ORDER Resources-Land Quality Section OF P. 0. Box 27687 Raleigh, NC 27611-7687 AUTHORI EDSIGNATURE NORTH CAROLINA DEPARTMENT OF jo n xw�. ENVIRONMENT AND NATURAL RESOURCES v Y` J DIVISION OF LAND RESOURCES L , February 8, 2000 '. 'NCDENR-.,S MEMORANDUM ,.r;, "T TO: Mr. Bennett Wynne DAMES B.HUNTJR.J,�. GOVQRNOR �• Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Susan B. Edwards k Mining Program ' Secreta W.'- "CDEVITTry SECRMTAR1f Land Quality Section SUBJECT: Mining Permit Application Request for Mac Construction Company ' ° F. Tarkiln Ridge CHARLES H.CANO UR;*•- Brunswick County •� � - sup. ..RG.,,P.E..DIRE GT0 vavu: AMD fiTATL GEOLOGIST. Please find attached for your review a copy of the mining permit application request for the above referenced project. ` .4. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by March 8, 2000 so that we may complete our review of this request ' within our.statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment � 5 control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on F, wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS .. OFFICE. $ Your continued cooperation in the review of these type requests is greatly g --. • 4�-� "" - appreciated. Please contact Mr. Tony Sample at (919) 733-4574 if you have any questions. ..r..- /SBE Attachments cc: Mr. Dan Sams {-._ • g -,i. �, LAND QUALITY SECTION (919)733.4874 FAX(919)733.2878 GEOLOGICAL SURVEY SECTION(919)733-2423 FAX(919)733-0900 P.O.BOX 27697, RALEIOH, NORTH CAROLINA 27811-7887 TELEPHONE(919)733.3833 FAX(91 B)718.8801 AN EQUAL OPPORTUNITY/APPIRMATIVH ACTION EMPLOYER-150% RHCYcLHD/10% PORT-CONSUMER PAPER 000z t, o a�� :JA121 a 8L43 F, Q 18.99 Ac. 813448 4 fi �8L42 22 83.06 3.63 Ac. `' 8L45 44.4 80 Ac. ' n V 000 20 7.06 Ac. 83,05 � - - 8L46 7.23 Ac. RU 8L41 389 24 3.86 ° Ac. 2.51 Ac. 19 81.47 %` a25e9 85 � f 8L40 299 Ac. 0383 13.50 Ac• SUN 8 SURF �4�, QC. % /LANE NW � l89 8137 668 a y� �0 0� � R4 81.39 ��► � � _ . 8L3 ems o o_ �7 • 8.41 Ac. ( Q 19, SUPPLY p4 v \` 8L04 c e� DBRs FpREST� a � e� BL 84.01 s11A1[vrr� POSTAL �Q`' o ' 29.87 A, 345 r U POSTAL SA Z 1 \ QL05 d o/ $� y PL Z/265 : 2D2o ` t Y/269 rcM ayV q 2HR 39 a 2s77" - _ _ - a� ? ` BL q �f 262t a8 8LM �� I• 15 304 261ii 8` "eti 2.12 Ac —4 02 8L02 1 61.21 + 23s 0 22Ac 8lA7 $S 1 300 1L26 Ac, 0. ` 1 6. 91 Ac. 8 5.01 77.01 e 78 �' 2fl ° .-.—. ' 2570 p�Ac• �"� fo.7Ac .0 256 40.78 AC. $ I - - - e? 5. � 83.07 U�I55 z go 2612 ` i6 °� °NRD40 _ _ _ -r _ 79 g3 pZ 83 �!Gy 79.0E �� �5n a 23,24Ac .25 Ac � / i�� �• \ 4.83—Ac B ti 2569 '� f 9/157 Q 7 5 a 3.575 Ac 77 07 °241C �- \ ___ 3 2334 �9 � 150 Ac a 1 / C M� 87 � 5 °Z346 �3Q I a2 Ac. .75.54.Ac. 9r 77.06 _ ` �o -5 -7 +` 2399 fl _ 208 Ac l � r ���►� -, v P� - 7 - 87.04 • p ;-t O3 82'AG 0 � - - I i n 'C�►v►,��vu � J R1 •� �\ o � J , ' f � t . K ✓i � ��l � � it � I � • s r IntR 1 11010? MINING ROOTING SLIPS .ram TONY S: f �►/ TRACY D: HELL N: r CHARLES G: COMMBNTS : WIN I&MOMMMMM mdr ,w• oeaaxrrr.:�, 48 I 5C 48 4$ 349 96 x r?' '9: OT" E 7 Di T G H - �- 0.1 '. .. 44�, y - - DITCH INV. r DI rcN INV =44.6 01 TCH 1 1 DI TCH /NV. = 39.T' r 40,4' t 1\ INV. =44-2' IL ! INV (In)15 r =.'NP = 45.5' � •.ti B r I T 15!.2' CMP ..5v I 1 ! SWALE .=�=zS. 10 INV= 45-7" - -►49.T 9.@ 50. 5G •t //� 1 -SW ALE ----- L .��2�-- - - N�"� . r 0• I 5 CMP z r t5!"A CA4Plour4 �D 1 / CMP = 45.0' ff1 p ' �tOvIOE o 3 CI /iwlDE 5 CY 15"8 CMP n¢ I � ` SWALEP DITCH I / If RI $AP _ R!P RAP r: ✓ r ` INV. - -47.3' I e lh+Y =397'I RIP RAP LINED / / 1.0"/. - 40 LF / CHAIYNEL 3.0% p 1 t51.0 49 9 / ` INV, ton)1.6" 0 o SWALE INV = 473' � CMP 47.3' 44 h a2 Q i.•' �� 2 - � � r � N �INV, OJTCH= 43.7' IS"D CMP Ir ! -r.0' - af? LF' INV. loul)1.1" P `_ / "4i+••,.,,;,.., 46 q I ! ! RCMP r 46.3' e 15 46 PROVIDE 5 CY ET UX. , �,.��1 :r ^ev- E I �� LONG , RIP RAP I`� A!rCH I I INV. = M •Rk 14, P 38.T' III t it Mop r7n � (i �Drrcw ' , INV.= 44 3' t / S)f'l:�.. INV - 47.3• 46 INV (1n)36"0 / -� I ' -F51,4 / I t L -4 SWALE IN CMP= 38:5 I t 49.9 V, = i 5' ! '� �G A SwgtE INV= 43-8` \ R SWAL£ !NV 44.5' f 36"0 CMP(� 1 I!• ! r .T -40 / 3 •_• 1 r / SWALE !NV 4 .9' • SWA L£ a i s f .I 4 s' IN DV _-H INV. = 39.x / SWdLE -. f7L^H I 1� l jt �. I 1r�! So 54 -- `i INV. - 44 4' J$wv = 36.6 l INV (au1135 "8 / !!1 �i- f 32 ! + 1 CMP ,- 38.2' � SWALE -- / /J•�� J 5 CY RIP gr =47.'"PROVIDE . 1"�/I Fz-PF 80.0 r •/S!-6 , I rY ` E-fib � I 46 NZ l SWALE ,�. INV. - 43.8' / / 1 r / �# \ .� SWALE ^-' • ' , i INV. = 477' / CMP a 41.7' / / t-:;a( 7 r - _ .• 1 / i PROVIDE 5 CY RIP RAP ///'•6 , 46 .. j' �'46.4 DITCH / ! S M'AL E --� '�\ , '_..L 6 j INV 11nJl2" 8 1� / INV = 39.7' r /�'/ `� r t., ,rrv. - tir.� - .1 f3 , �-- 1 V` fa - / // :.ror .. •ra.c �� �2�0' O1 TO ra /, jy / , INV,.=39-2' 'i k / / SWALE MP / '� II r L f r INV r 48..3' C Fqs O ti p [J SWALE \� ` fl•,� 46 O� ., \•`Sk4C .'SL _` / g 0. / /- INV. =43.9' r q '7 SWd LE DITCH INV.=3b.2 J }' :2" rNV _ 475' RIP RAP , - RIP RAP •:: ' CJ� � l \ 4- r.S2_U / 46 L INED CHAN:YEL LINED E / CHANNEL � 1 42 4), ' INV..L 45.6' .,`�,f . . ,t�'✓L.. 4R.1 _ -- i / r j �• +' gay ,�- _ DITCH ' 45.NV.=I . e A .'r"s:� .0. SWALE I h�d'� INV. - 46.1' - F -444 !NV four! l5" D / r 1 v• •� • 4. 0', ! - I CMP = 46.1' .'�fir✓r r ' -\ PROVIDE 5 CY .. - .- :%r-a ._ r \-j 46 , �` RIP RAF N - ' f� � ' , ' :INTERNATIONAL PAPER - - COMPANY : • , IN rnJ !s'CMP ' H,ROUr' T o 00.. No. 3 .I DITCH INV. = 38.8` ` + / ; , LLLJJJ + •r.j - r i r r .• - A BB :E Map:• Bk 3, ,Page 146 42 B. .. 44 44 I .atpa r r/ ' qg/ ,�1+, 1` ' SWALE -. SWALE / / ! / - -- 1--- ` INV. r 463` ±T� `._`- � �j At INV = 44.4' / I SWALE fl, / r-� r ..i�_. I '� DITCH !NV 42.5" _ +46. 44 /` / ' r _ 7 ,`• ! I 1 INV SWALE VV = 43.T' I 17t 7 PROPOSED CHECK DAM 40 , 1 SWALE r � ��"' y� 1 � TEIr'.pOrOly I o r 1NV. 36'" D CUP 35.7' � r �J I D ' '.•� . . r, s`+'Ls '.. . ' J ! PROVIDE !O CY RIP RAP J:f 4e c • / SWALE INV. = 44.8 :� / L� ��� l ♦ I 1 . y �4TSWALE / , `r fL^► W _S. A T� _ -- ` 3 60 LF 1 1vV= 43.7' ' 36"0 CMP Q . %C - 1 i + ss , t-485 3 �-•, (ItALc 'M _S 1 1 SWAL£ f46. / i SWALE - ` INV. a. 43.D' . , INV. =447` r J / l 1 / ff 11 4 42 42 a , � / ' DITCH INV= 33.5` r J � � + 48 .l.•r L1 +' 32 �• ' ' �1 v__. ,,fB'B CMP 2.5Y.-40� - �' � fr Ir °g d rINV. = 38.5` i / ( I r �� Sz/ � ,' / J SWALE ! ♦ - / INV.�446' +4T6 ! aP , r ,(/ r -_.•..t_--__-t • J , r/ / / /� ,1 1 + v � �r , , .Ac�V INV 36'" O CMP ❑ FC' , i c / r SWALE 34.7' cc; w ! INV.=4z.3' '-.iv / / : •. , r/ 4 IB r - / I PROVIDE 15 cr - / SWA__ ! = 430' SEDIMENT BA W / . , J IRIP RAP 44 Az as r DITCH INV. = 35.5 / ! v Jlnl rZ' / , , , DITCH 1N1� I •-\ ! '._y �": '� �"�. ! / , / PROPOSED CHECK DAM I (r"% - SWALE �� / v ll _ ,+ INV.=42.J' Temporary / INV. (our) - / M•' 0 CMP / /49'D SEDIMENT - / 12"'E CMP =4t 3' •z / INV r 370' GUNTROL'RISER / PROVVE 5 Cr r ' PROVIDE 5 CY o i TDP RISER = -17 / RIP RAP / RIP RAP n , INY'){ISER = 33.D< / Je !.?i ` _ `1 / / • / '// / / x / 38 1 4 ' /i LEGEND / HA W E S SWALE ;.8 Iz"O CMP / ' ��.. t I �, r I rI l ,/ !NV= 41.Z' 1 1 ' 1B'RJ CMP @1.0., - 45 Lfl / 1 � ' ,' i• � r /r ' �, U� o- %• `- S 1.0% - 40 L 47 t SWALE I • 1NTCH r � / `' 4A `` ' ' / /' EX(STING CONTOUR IN Y. ln1 / �,..� \ SWALE WV. =4LZ' SW E / 1 INV. = 3 .1' 7 INV = 4r.2 f I � j / f' /// �• .- is NOTE TO LAND OUALITY 618190 -ac FINISH CONTOUR INV• (Wr J 18 D ', 36' a CMP l?p 1.5X (6O LF) , � = �8.3 EXISTING GRADE , � CMP = 3S.! - � � ., � i,^, ` 1•'7 lour I = 3z-T' � � � � \ � / j ►i P1�yID£ 5 r i4 ? ; - Y �36 '; \ PROVIDE /S Gr RIP RAP ` - / / LIMITS OF CLEARING INCLUDE '•65 FINISH GRADE �. - f sr UNSUBDIVIDED AREA AT RIGHT - L' [ 1\ \ \ y ' / ' SWALE/ DITCH <. RIP RAP LjNE'D \` 1 PGG �\ � Jt(�•-`� _ - / / LAND TO BE CLEARED TO � r,4 f r 4A CHANNEL °»D"/ DITCHING \ t 1`�G ` �\ -{ - Ib 1Lr7 �7 1 ,, DRAINAGE DITCH M... SWALE INV=412, \ -,� !NV = 32.6J' \ \ ` \ 1 15 \ ` d �. * � - b / ' J ,/ / "' -•=`,�'- SILT FENCE !TCH INV. - 41.6' ` J DITCH INV. =34.0, \ / / CHANNEL \� TR 4 C T 2 , � `, / V• ;yeZ ' / a ..�--..-� STORM DRAINAGE PIP IN6 l 723 AC ° O SEDIMENT CONTROL RISER R1P RAP L1NE 36 - / l >i a'[' ��•+' , CHANNEL @ �>� \� ` ` \ �PI, 1 O ` - .._ �'S \r- r / DITCH INV.-!33.2' - J / / SEDIMENT BASIN 4,800 50. FT 1 ` y,!� �' / - •421D SEDIMENT CONTs17L RISER F'� DITCH ' \� \ ` l8"0 CMP - SWALE INV = 42.2 / ' INV - TOP RISER 34 S' \ \ \ �. '" :_. INV RISER 31.0' _ F PROPOSED ` � AYY - 37.3'� '4s �Q ; CHECK DAM - - •' EXISTING c ```� • '� *J jj�1�ITf (Temporary}; �r" �.. DITCH !NV 30.7' \ ' • ' p �- - _ ' ` / •� • 30~ P CMP 0,,6/. I z0 LFJ \ sTSMH �\�� 'f- 44 r ' ' �. 43.6 , ' ' PUE- INV. (OUT) = 30 8' Q E I N A4 A N = ����., /'!'G'p', � r•: \ ' V� TIE• IN TO EXJSTING DITCH SWALE INV - 4P.2' i' �Pr�r t � PROVIDE 10 CY RIP RAP x \ TOMMY INMAN INV Plor,� 3a�D �� 4D - _42' DITCH ,Nv = 413' c- - / � / bb ` £ ROBER T H4 WES o ti =t TOTAL LOTS = 91 i;P' / \ `a4 / �-A 4 �72 - 77, 78, \ ✓ /��q EXISTING CHECK DAM 01 a9 ?� 2 SEDIMENT ,_� - - - - -' - 7D3 .tl `DITCH INV 31.T \ 5 f• 45 36 W BASIN -1A3 \ / A. lE.clslingl 4 (IQ,QQ+O SO FTf 1• • \ . 4 :Q f NO ALL BWLDINGS, S(TEWOAI{, AND DPAINAGE IMPROVEMENTS SHOWN ON ' ?: "--CAVE TRACT ARE EXISTING AND STABILId.TION � f -., -T- -� � • EXISTING 10' WIDTH OF SITE 1S NEAR COMPLErIAN. \\\ \ \ t✓ �.p \ \ `�O GRAVEL a RIP RAP ' z SPILLWAY TQR-f�ILN RIDGE ilk 36 \ � �� K-D 'P O � TOP SPILLWAY = 40.0' �! \ t3` INV. SPILLWAY = 39.0' GRADING and EROSION CONTROL PLAN ' NO FIELD SURVEY DATA IS NOT TIED-I,','. TO III.S.L. DATUM DA rA DERIVED FROM BENCHjwARK LOCATED NORTH CORNER OF INTERS€C rION OF JOSEPH S. HILL, JR and ASSOCIATES •/ STREET "A" AND STREET •8" I NAIL /it, OdK TRE,l %'QNS[,'L !!NG ENGINEERS and AL ANNERS ASSUMED SM ELEVATION = 50.A' WIL MINGTQN, N C P V A REVISED JUNE 8, 1990 �* ,b i9 '/S" SEAL c.E _ - Add Checx Dams Along Eastern Property Boundary _ _ 1 ' too _ e North 0f Sun And Surf Warehouse. a►:F F. ;• FEBRUARY 1990 G IN .• fop ,,.••``. 5..Er, Modify Limits Of Clearing As Shown. �'.4h ly S• �1 ,� I of 2 • 618190 Ei5 f' 1 � t�m:.ax' .._a .--xr..rF•.,:�aeVu�=......_":�r-,T•- -'�v�--+S.:vr..++a+W��:b��:__ , 50 4B / sD 4B 4G } !E9 9C �. � DITCH O•f `/. DITCH INV. =-39,T' Di rCk - (� - D.!'I.- 4A - - t •� DITCH INV. 1 - BI rCH INK =44.6 � D1TGN , ! - 40.4' i t INV. r 4 3 \ A 7MP - 43.3' ` ,5 �., y I , 1 � 19�? CMP ,� ,` I ` ` 4 46 W r '. .- 40 SWALE �1; •t �� tY r r SZ � / INV I in)15 - •"• INV. burl r3 "/ INV tors)13"0 Q `� CA4P= 45.1' CMP = 43 7- ! CMP = 46.0' 1 ! r 7iROVIDE Iy C7 1 PROVIDE 3 CY I , SWALE ` f I I .\' RIP RAP J IS"8 CMP q� I ` r - ' r r�$AP 1 / INV. _ .4X3' NIVC�3StT'� RIP RAP LINED AI! � 1.0"/. - 40 LF - CHARNEL 3D% tSI.O jJ INV fin)0' a • SWALE INV r 4r3' CMP = 47..3, 42 , . --..� INV. DITCH= 43.T' z U ` is I CMP �. Di rCN INV - 3a.B' / f II 1 1 4 -,._4b 4 , 1 �:! 1 r 0% - 4r7 LF... 7 , INV. !*gill r3" 0 GMA c 46.3' s p�/ LONG, '�r �/ O• O 1�i�/ / �� � i� I fa ! _ 4@ PROVIDE' 3 GY 3C8 ! L.ONG, E! Vx. / t` 01TCN 't �� rr RIP RAP r ! fNV. = 3B.T' I 1 Mop'Ok 14, Page IJ DITCH SWALE INV = 47.3' INV.=44.3' I � ' 1 J 4 46 INV. (in).36'"0 i I f�1.4 �L CMP r 38.3' . } ,` SWALE INV. =43.3' .i s I fi49.9 �/ j�;�t.� •✓ - 1 r 1 /� ! // SWALE INV,= 43,@' � / SWALE !NV - 44.1` r 1 K f\ TT 36"0 C% 2* 9 •1 1 r I w T ' $ SWALE •..� i r ; ' INV 9' WA r N 4.i S L E f 44 !N DITCH NV 39.3`-f�. • SWJLE' ` O17GH - - INV. = 44 4' /ASV r 36.6 - ....N- I -- ' III . ... lNY. -r rJ35 s4 3t { " CMP ,= 38.Z' I SWALE Sp I 1 PROVIDE 15 Cr RIP RA1 I -Y4T INV.. =47'.5' {SO.O Ir •PJI.B 1 . lG / 1 SWALE _ �J !` 1 ! J ' ,` ,+ ,• .I. INV. - 43.9` / SWALE ✓Iry`(I,' , I N . '4 CMP INV rausW 7'8 46 // /,• �V INV - 7."7' / f ' PROADE 5 CY RIP RAP , 7 `♦ 17? + !:1 'r•/64 PITCH SWALE •"� ! / INV (irtJ12" !D / !NV - 39.T' ' r I 4S INV. ! 47,5, L•��" r r /' 1 _ s CMP 43.2' DlTCIf / 1 1� ' / - /ON4�_ 39.2' SWALE ,:-• ti 0.3% -40 LF SFI►!er / , ,' / ' s.B �4v a L f 12'a CMP INV ; 4B 3' .46 INV. =43.9' >� $t :• ? / DITCH INV.=3r,2' ! 'j / SWALE - w +? �lE`f' • / f ! �5 ,� INV, _ 47•S' S2 /. \' ,• - RAP / RIP RAP I / h c•• \ +A; rI SZ.O 16 � LINED CHANNEL CHANNEL _ +•� �S� I 41 / _ // ..J 37 / SWALE ',.' .:•?+,. :..' - ::y _ .. 0�� I ` r ` NY V. - 48-1, , ! ♦ ► ., SW ALE ;f is , / / ,' 1�r / / \J ��`-C�., -•.0 /!, ,` 1 _ DITCH �`.}'_: ! / 49. •� 3a r ~'r--' !r !/ * . INV.= 45.0' .} SWALE / .,n.. 1 / // ,,,♦ . - , I / , � ! ' •ys INV. c 46.1' ' �� 1 � f • /, a - - - - - // �!/J�/ 5 ./ I INV rourl 15" D ., - f 4.cr 1 r CMP A i,. - r ^--•n:.,-:ra-g.i+;? .sr•., ::�..-,. .. , 3 f•f6. I , ! ' � r _ }• .i. f PROVIDE 3 CY - �rti a �'L'SFr x ,:r- "., '��.: �• ..era' - _ - .ac... i:r•1 '>✓` ,,' RIP .. s., +.. `, �]. - _ ..-. - ,>•- .„�...�•,,,tr:..�} - -, .. .. ,• - - .. -- -. ._ :?,.y.. _. .. ,.._ c _ \. -46 , r r S, RAP - , _ I f r \�4 ►J4CE 11'01 GIIP ! r / 1' - - s *� I ¢� ti, �:• La%,a 40 LF INTERNATIONAL PA PER COMPANY _ ....,.._ _._ -., ..... _ _._. .-. .. .-- - .,. , r , i •, , _.. _, �� INI+€ (!nl /S' n. ,.. I __ I. . _ _ .....r ._.. w,.rrJ� T � CMP 46:5 r _ ourk- 1 roct, No. -^T- - DITCH INV. - 38.0, r ;._ -.z .,; •; r I MQp.�.Bk 34 'Page 146 r , - f r ee i INV, =`483' ! 44` 44 .SWALE ' /! � !!r�` • ._. , - SWALE !� � � ! .•--. ��R, INV, e444.4 / / f i ; r r ! SYy1tE63!� f �„ _.!1•_ ! - _ __ - _r- . _ -.. ..- _ _.�� .. 4Z r , f OITCN INV 42.3` _• -- - , SWALE 'NV 43,7 40 ! !! r ! � I PROPOSED CHECK DaM SWAL E i f l I „[� o 1 ` _ (Temporary) 11 Q i, / •+r / INV=448' / INV. 36" 8 C#P= 33.T' PRovior t0 CY RIP RAP O,�. t 1 1 x / D 2 r 73 J• SWALE INV. = 44.8" 2Y , ,' f•4T. / SWALE INV.=43.1' ' 36'O CMP 474 - 1.51A - 60 Lf 46 ! f•4i43 , g ' - ! I [} . Z - ` •t SWALE t , A1..E43.D' 4.4N. ,, / r ` /! ! INV-441 ' ,1 !r .' r, I f I II LG.•<' 11^ 1 4Z 42 i r !6'0 CM'� / / ' DITCH lHV.= 315i � r ......' '. _ 0 CMP 1 �D 1 ENV r 38.3' f'/ / I SWALE . 1 . / 4*0 , .r, I I' C./ sn 's O ! r r ` ! l tNY 36, 1 CMP -f L., u Q\ / r . .a 1 SWALE , , ' /.' r 7 , { = 34.T' I �x� ' /E / f ' & w I INV=42.3 r / , /' / / , 1 f PROV/OE 1'j CY I �� / r i �� 48 r i ~�t` :E - 7 x ' :a:1 i a SWALE 1 = 43 U' , SEDIMFN7" BASIN *2 / i ! TRIP RAP / to / ( 13,096 so.FT. 1 I I °\ t r /, DIrCH INK ' a,►�Ix' / '' , ! a cm rNvA PROPOSED CHECK DAM / INV=A2.1' • , a i ` i . r) ( Temporar INK roar! , re•' • c,w ' _ / !Z"■ Cm =41.3' ._ , INV. = 3TO' /48"8 SEDIMENT , .� r� ,� r t /' ♦ /` ,r / r �� PROVpE 3 CY CONTROL RISER / E f z ' PROVIDE 5 Cr 10 � rop RISER z 37.a' r �' I f _ / / / / RIP RAP ,! RIP RAP "" ' iNV./IIr1SER=33.0` / , 1 �� / / 38 LEGEND t / ' / f / I"f�. WES SWALE / r 1 r ' - ; +I 1 •s , INK= ,e'1 Cllf/�j 1.0`Jri'" 40 LF -58 INV. rAn) / 4Q O, SWALE WV. =4[Z' SWALE r r r r r DITCH ' !8 i 1 1 \� nQ \ I / r - r / ---��--- E'XISTINI6 CONTOUf� i '1 INV. =412 � - INV. : .35.P 7 �p ' ♦ I / NOTE TO LAND OVAL/Tr 6/8/90 _44- FINISH CONTOUR � INV Aar!/18 8 f � t 3a' / CMP @ I,J% f 60 LFJ \ � � L / CMP = 3".f.1 \ -, INV. (out I - 32.r• , 44 'e r tr \ ♦ .t / // is *4 c PROVIDE 13 CY RIP RAP \ 'A \ / / i •� EXISTING GRADE a ' RIP RAP r • 3' 34 i f ` t 0 s s ` • / / L IMI TS OF CLEARING INCLUDE 4! ,•,y \' � ♦ i PD � � i ,� � / � / f46 S FINISH GRADE *4�r•s o / ' , / N� - 1\ �\. `�5 \♦ t UNSUBDIVIDED AREA AT RIGHT - SWALE/ DITCH ® I r r / LAND To BE C:, EARED TO �� SILT FENCE RIP RAP i?w i' e - CHANNEL 3.0'.G ExlST1N8 \ `� \ 4t C \ ♦ � �.• ♦♦ +c � ♦ {�` / // \ / 4Q r DlrcH y11L+ \ \ .y� �b t -�J '�1 rp v/ DRAINAGE DITCH •, �•' SWALE INV.=4L2 / r ! , lJVV 3Z.a."�' \ �\ �$t ♦ ® \ L1 TCH 7NV. --4J.6r /DITCH r / INV.Cji 2M31. `TR A C T 2 p`" � � ' ' , C_ _ STORM DRAINAGE olP1NG 723 AC ` 7' / Q SEDIMENT CONTROL RISER 00 Q J RIP RAP L1N 36 ` ., r J,^ / , CHANNEL \ "DITCH iNV.= 331 6 '! ' • • ` SEDIMENT BASIN #1 , \ ,. � ♦ .. i r / `I � O 0. o Cr Q r r r r / � 4P'o SEDIMENT CONTROL RISER \ \ ` '` p �`"-- V 'r ]�>✓ J DITCH "!:• \ \ 18'e CMP SWALE INV s 42.2' . r '` TOP RISER = 34-3' \ INV/=r 30.T � INV. RISER - 31,0' \ t \ ` ✓»`'� t O - _ wry . 3r!'r .6 PROPOSED CHECK DAM y t ,elfW (TemporaryJ l r -. ITCH T' , �. �. r D INV 30. s36 sip, / 34 _ •- 30 0 CMP & a6{4 r20LFJ SrSMN � + �ti ,'�c-'A,I,T . `` 44 .� •'�_!f. 45.6 r r�• INV. tour) = Jae, .', r 11+ 1 PROVIDE AO CY RIP RAP __ \ \•;, A'jri - Y ',•.:, SWALE INV a 42.2' n / o Eli TOMMY INMAN t 1` 1N1! 100f) 30'e \�\ - - -_ _42` a1rcN INV. - 4L3' ` rIF rN TO EXISTING DITCH ~ r+y 1 � R B RT ,O E HA wE S ..__.. . ... .. ._.._. . _ _ _. : - __. _ _ _ TOTAL LOTS - 91 3 2 T2 - 77, 78, 7 9 i., \. ... r EXISTING CHECK DAM ♦S'� a99 g ?� \ C�2 _ _ . .. ( Temporary) •• \ , , 'DITCH INV ::3LT' / \ \ ,ti SEDIMENT ��• - - S r�•3 ]i ,/ I07 40 -Q` \ BASIN *3 \ i (� qs 4z� LJ �, \ �! (Exf3I$nq) \ } / Z / \ �, •'�Jq E NOTE . ALL BUILDINGS, S1rEWORX, AND DRAINAGE (facet Sp.>'T) 5 Z. 44 IMPROVEMENTS SHOWN ON T.Z3 ArCRE - /j rRACT ARE EXrSTINQ AND SrAe1L1ZAxioN �3c GRAVEL �a m� £xrsrrlurJ to' w1arH 36 \ �� �� \ \ 1.StiO SPILLWAY RIP RAP QF SITE !S NEJR COMPLETION. % .EA.. �� -s�o TOP SPILLWAY = 40.0' TAR J�11..N RIDGE INV. SPILLWAY + 39.0' r � z � GRADING and E EROS;ON CONTROL PLAN NO r£ FIFLD SuRVFY DATA is Nor TI[d-IN! To 3 a- M.S.L. DATUM. DATA DERIVED FROM BENCHMARK LOCATED NORTH CORNER OF 1NTERSECTIQN OF JOSEPN S. HILL, JR O .4SSOCIAE STREET "A" AND SrREEr 'a" (NAIL 1N pAK !BEET '_0N5ULT IIVG ENGINEERS dnd pL 4NNER5 / 4SSuMED 8M ELEVATION : Sao' WIL MINGTON, Al C H A- � REVISED DUNE B, 1990 . � $ E A 4. I 1 DO _ _-._. Add Check Dents Along Eastern Property 8avrrdarr : North Of Sun And Sur! Wawhorlae. FftmE ti� FEBRUARY Modify Limits Of Clearing As Shown. '� 1L I of 2 f! i a I • i N • '.I..+rj ...r by...- .,, ..•-.t' r- y ! 3-. ., -h -fx. -�{. ...xrT�. - - t_.. -�„ _ .,ram„ •a.. , - - _ Q A a_ .z. f•Y1C.t]{ ^T .�= �3''�r! •'F; ..:..: - - ._ ._ _ .y:. - :I: .:.. 4 ,10 / I _. ram`"'' ,. `�� y • IV r r Y a t ,� IS rl 1� w�l�l wlw� EEBn woo 1 1 � 81.43 18.99 Ac. _— 804448 0ce14� � tiV��2t0f�TyL�� EFL [2 4498 22 83.06 fry (J 8L42 + 3.63 Ac. \" 8145 a 80 Ac. 000C.0 7.06 Ac, 83.05 1 tp . RU 20 723 Ac. 8L46 801 389 24 3.86 ° Ac, 2.51 Ac. 19 '" ' � a 2589 81.47 85 ' BL40 SUN B SURF 841.40 Ac. 2.99 Ac. °383 13.50 At, / o r34 LANE NW • 18 fb9 et37 . 668 6 "-� ��► / ~ _ � - 81.39 a 3'7o SO °1 a ory j�C. 2699 16 6 \, 8L04 m ^ , ate supply PWALo v 1 29.87 A, 345 ° S4AO8R8 FQ�Sr p v Ac. 84.01 sr1ALtOTM o 1 Z Y/269 a�u = 01.05 o/ o� � N PL Z/283__ p2o p ` "s to 2621 g 29� 2ds9 39 6B12z e3 os 8 02 et 3aa 2651 9� 2J2 Ac - as . 4,02 L 1 81.21 * o ' l 2 Ac. 81,07 - I sao i o iL26 Ac. l N ° ` 1 6.91 AC- 85.01 HI 77.01 78 a� . za zp 40.78 AC. $ ! ` 2570 ° _ _ c {0-7Ac e� a • % - 236 0(� j �� U/155Ef ! so oti •!qi 79.01 - �� Je 23.24Ac 25 Ac C. � \ 4.s3 Ac L-I \ L_2 129 \ 2569 X 9/157 77.05 3 76 Ac 777 07 132410 1 p 2334 \o}I 150 Ac %os a _ 7 i o z3as rgD -.-t a 2S9P 5.60 A V Ac. - =sue Ac. �y 5�2. ---AC 76 g 2492 8 td1N 2g 03 �- - 87:-0 87.04 2 /E3 4 82'Ac. 2440 F E s n 7 2000