10-62 ren 2013

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NCDENR-- _-
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Land Quality Section
Tracy E. Davis, PE, CPM Pat McCrory, Governor
Director John E. Skvarla, III, Secretary
February 5, 2013
Mr. Wayne Smith
Wayne's Backhoe Service Inc.
20 Thomasboro Rd
Calabash, North Carolina 28467
RE: Permit No. 10-62
The Lakes of Lockwood II Mine
Brunswick County
Lumber River Basin
Dear Mr. Smith
Your application for renewal of the above referenced mining permit has been approved. -
A copy of the renewed permit is enclosed. The new expiration date is February 5, 2023.
The conditions in the permit renewal were based primarily upon the initial application.
Modifications were made as indicated by the renewal request and as required to insure
compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the
following conditions where minor additions or changes were made: Operating Condition Nos.
3C, 4D and 9B.
As a reminder, your permitted acreage at this site is 53.10 acres and the amount of
land you are approved to disturb is 44.78 acres.
Please review the renewed permit and contact Judy Wehner, Assistant State Mining
Specialist, at [phone] should you have any questions concerning this matter.
Sincerely,
5.
�
J' net S. Boyer, PE
S ate Mining Specialist
and Quality Section
JSB/jvv
Enclosures
cc: Mr. Dan Sams, PE
Ms. Shannon Deaton-WRC, w/enclosures
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures
1612 Mail Service Center, Raleigh, North Carolina 27699.1612•Telephone [phone]/FAX:[phone]
512 North Salisbury Street, Raleigh, North Carolina 27604-Internet:htto://nortal,ncdenr.org/web/Ir/land-quality
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110% Post Consumer Paper

DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL, AND 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:
Wayne's Backhoe Service, Inc.
The Lakes of Lockwood II Mine
Brunswick County - Permit No. 10-62
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: February 5 2023

Page 3
In accordance w— h the application for thismiffing permit,, wfflcH is hereby approved by the
Department of Environment and Natural Resources, hereinafter referred to as the
Department, and in conformity with the approved Reclamation Plan attached to and
incorporated as part of this permit, provisions must be made for the protection of the
surrounding environment and for reclamation of the land and water affected by the permitted
mining operation. This permit is expressly conditioned upon compliance with all the
requirements of the approved Reclamation Plan. However, completed performance of the
approved Reclamation Plan is a separable obligation, secured by the bond or other security
on file with the Department, and may survive the expiration, revocation or suspension of this
permit.
This permit is not transferable by the permittee with the following exception: If another
operator succeeds to the interest of the permittee in the permitted mining operation, by virtue
of a sale, lease, assignment or otherwise, the Department may release the permittee from
the duties imposed upon him by the conditions of his permit and by the Mining Act with
reference to the permitted operation, and transfer the permit to the successor operator,
provided that both operators have complied with the requirements of the Mining Act and that
the successor operator agrees to assume the duties of the permittee with reference to
reclamation of the affected land and posts a suitable bond or other security.
In the event that the Department determines that the permittee or permittee's successor is
not complying with the Reclamation Plan or other terms and conditions of this permit, or is
failing to achieve the purposes and requirements of the Mining Act, the Department may give
the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to
modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a
hearing at a designated time and place on any proposed modification, revocation or
suspension by the Department. Alternatively and in addition to the above, the Department
may institute other enforcement procedures authorized by law.
Definitions
Wherever used or referred to in this permit, unless the context clearly indicates otherwise,
terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49.
Modifications
November 18, 2009: This permit has been modified to change the name of the mine from
"Holden Beach Sand Pit No. 2" to "The Lakes of Lockwood II Mine." The permit has also
been modified to increase the affected area to 44.78 acres and the total permitted area to
53.10 acres and to allow the dewatering of the pit.
Expiration Date
This permit shall be effective from the date of its issuance until February 5, 2023.

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Conditions
This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and
to the following conditions and limitations:
OPERATING CONDITIONS:
1. A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.
B. Any stormwater runoff from the affected areas at the site shall be in accordance
with any applicable permit requirements and regulations promulgated by the
Environmental Protection Agency and enforced by the N.C. Environmental
Management Commission. It shall be the permittee's responsibility to contact
the Division of Water Quality to secure any necessary stormwater permits or
other approval documents.
2. A. Any mining process producing air contamination emissions shall be subject to
the permitting requirements and rules promulgated by the N.C. Environmental
Management Commission and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may be necessary
shall be utilized to prevent dust from leaving the permitted area.
3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between
any affected land and any adjoining waterway or wetland to prevent
sedimentation of that waterway or wetland from erosion of the affected land
and to preserve the integrity of the natural watercourse or wetland.
B. Any mining activity affecting waters of the State, waters of the U. S., or
wetlands shall be in accordance with the requirements and regulations
promulgated and enforced by the N. C. Environmental Management
Commission.
C. Buffers shall be maintained as indicated on the mine map received by the Land
Quality Section on November 26, 2012.
4. A. Adequate mechanical barriers including but not limited to diversions, earthen
dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall
be provided in the initial stages of any land disturbance and maintained to
prevent sediment from discharging onto adjacent surface areas or into any
lake, wetland or natural watercourse in proximity to the affected land.

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B. All drainage from the affected area around the mine excavation shall be
diverted internal to said excavation or into the approved sediment and erosion
control measures.
C. A 100 foot long gravel construction entrance shall be constructed and
maintained at the intersection of the access road and Stone Chimney Road,
using No. 57 washed stone or equivalent.
D. Mining activities shall occur as indicated on the mine map received by the Land
Quality Section on November 26, 2012 and the supplemental information
received on October 12, 2012 and November 26, 2012.
5. All permit boundaries (53.1 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 50 foot undisturbed) shall be maintained between
any excavation and any mining permit boundary to protect adjacent property.
B. A vegetated earthen berm (minimum of 6 feet in height) must be installed for
screening prior to any excavation that proceeds within 100 feet of the south
side of the mine permit boundary as indicated on the mine map received by the
Land Quality Section on November 26, 2012. A minimum 50 foot undisturbed
buffer must also be maintained along this boundary at all times.
10. A. No on-site disposal of refuse or other solid waste that is generated outside of
the mining permit area shall be allowed within the boundaries of the mining
permit area unless authorization to conduct said disposal has first been
obtained from both the Division of Waste Management and the Land Quality
Section, Department of Environment and Natural Resources. The method of
disposal shall be consistent with the approved reclamation plan.

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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 Energy, Mineral, and 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 Energy, Mineral, and 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

Page 7
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
$28,400.00 Irrevocable Standby Letter of Credit, is sufficient to cover the operation as
indicated in the approved application. This security must remain in force for this
permit to be valid. The total affected land shall not exceed the bonded acreage.
14. A. Authorized representatives of the Division of Archives and History shall be
granted access to the site to determine the presence of significant
archaeological resources.
B. Pursuant to N. C. G. S. 70 Article 3, 'The Unmarked Human Burial and Human
Skeletal Remains Protection Act," should the operator or any person in his
employ encounter human skeletal remains, immediate notification shall be
provided to the county medical examiner and the chief archaeologist, North
Carolina Division of Archives and History.

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APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the performance of which is a
condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan
is a separable obligation of the permittee, which continues beyond the terms of the Mining
Permit.
The approved plan provides:
Minimum Standards As Provided By G.S. 74-53
1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated
materials shall be at such an angle as to minimize the possibility of slides and be
consistent with the future use of the land.
2. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
3. All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices and which is suitable for the proposed subsequent use of the land.
4. No small pools of water shall be allowed to collect or remain on the mined area that
are, or are likely to become noxious, odious or foul.
5. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule
included in the plan, which shall to the extent feasible provide reclamation
simultaneous with mining operations and in any event, provide reclamation at the
earliest practicable time after completion or termination of mining on any segment of
the permit area and shall be completed within two years after completion or
termination of mining.
RECLAMATION CONDITIONS:
1. Provided further, and subject to the Reclamation schedule, the planned reclamation
shall be to restore the mine excavation to a lake area and to grade and revegetate the
adjacent disturbed areas.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:

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A. The lake area shall be excavated to maintain a minimum water depth of four
feet measured from the low water table elevation.
B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1
vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below
the water line.
C. Any areas used for wastepiles, screening, stockpiling or other processing shall
be leveled and smoothed.
D. No contaminants shall be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Condition Nos. 10A
through 10D.
E. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. Revegetation Plan:
After site preparation, all disturbed land areas shall be revegetated as per the
following:
Permanent Seeding Specifications
Dates Species Rate, Lbs/Acre
February 15-April 1 Kobe Lespedeza 10
Bahiagrass 50
Redtop 1
Winter rye (grain) 15
April 1- July 31 Common Bermuda 50
August 1- October 25 Lespedeza (unscarified) 30
German millet 40
October 25- February 15 Rye (grain- temporary) 120
Soil Amendments
Lime - 2000 Ibs/acre or follow recommendations from a soil test.
Fertilizer- 1000 Ibs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil
test.

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Mulch—All seeded areas shall- a mulched using small grain straw at a rate of
2000 Ibs/acre and anchored appropriately.
Whenever possible, disturbed areas should be vegetated with native warm season
grasses such as switch grass, Indian grass, bluestem and gamma grass.
In addition, the permittee shall consult with a professional wildlife biologist with the
N.C. Wildlife Resources Commission to enhance post-project wildlife habitat at the
site.
4. Reclamation Plan:
Reclamation shall be conducted simultaneously with mining to the extent feasible. In
any event, reclamation shall be initiated as soon as feasible after completion or
termination of mining of any mine segment under permit. Final reclamation, including
revegetation, shall be completed within two years of completion or termination of
mining.
This permit, issued October 14, 2002 and modified November 18, 2009, is hereby
renewed this 5th day of February, 2013 pursuant to G.S. 74-52.
By:
5
Tracy E. Davis, Director
Division f Energy, Mineral, and Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources