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10-63_1_Redacted
ROY COOPER Governor MICHAEL S. REGAN Secretary Energy.Mineral& TRACY DDAVtoS Land Resources ENVIRONMENTAL QUALITY December 1, 2017 Wayne Smith Wayne's Backhoe Service Inc 20 Thomasboro Road Calabash, NC 28467 RE: Mining Permit No. 10-63 Old Shallotte Mine Brunswick County Dear Wayne Smith: This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4, 2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site or for the duration of the lease term. The"life of site" means the period from the initial receipt of a permit for the operation until the mining operation terminates and the required reclamation is completed. Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior expiration date to convert your permit to a life of site or lease permit effective immediately. No action is required on your part for this modification to be effective. Please attach this letter to your existing mining permit for future_reference. The mine name and permit number on the permit document, and all existing operating and reclamation conditions contained therein, shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new, transferred and modified mining permits. In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee of$400 per mining permit number. By statute, the initial payment of this annual $400 fee must be submitted to this office by December 31, 2017—see the attached Invoice to remit the initial annual fee payment by this deadline. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a $501month late fee and could result in the denial of future permit actions and/or revocation of your mining permit. Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been raised from $500,000 to$1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with.any applicable zoning regulations remains with you. Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy Wehner, Assistant State Mining Specialist, or me at(919) 707-9220, Sincerely, William "Toby"Vinson, Jr., PE, CPM Interim Director, DEMLR State or North Carolina I Environmental Quality I Energy,Miner-at and Land Resources 512 N.Salisbury Street 1 1612 Mail Service Center I Uleigh.North Carolina 27699-1612 919 707 9200 MMA 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 February 6, 2013 John E. Skvaria, III, Secretary Mr. Wayne Smith Wayne's Backhoe Service Inc. 20 Thomasboro Rd Calabash, North Carolina 28467 RE: Permit No. 10-63 Old Shallotte Mine Brunswick County Cape Fear 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 6, 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 No. 4D. As a reminder, your permitted acreage at this site is 89.91 acres and the amount of land you are approved to disturb is 26.34 acres. Please review the renewed permit and contact Judy Wehner, Assistant State Mining Specialist, at (919) 707-9220 should you have any questions concerning this matter. Sincerely,, S Boyer PE ate Mining Specialist 1-6nd Quality Section JSB/jw Enclosures cc: Mr. Dan Sams, PE Ms. Shannon Deaton-WRC, wlenclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures 1612 Mail Service Center,Raleigh, North Carolina 27699-1612-Telephone 919-707-92201 FAX:919-733-2876 512 North Salisbury Street,Raleigh,North Carolina 27604- Internet:h"DIport al.nod enr;oM/webllr/land- uality An Equal Opportunity 1 Affirmative Action Employer--50% Recycled l 10%Post Consumer Paper n 5 1, V DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY; MINERAL AND LAND RESOURCES LAND QUALITY SECTION i 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. Old Shallotte Mine Brunswick County - Permit No. 10-63 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 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to-as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor'operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until February 6, 2023. 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. 1 Page 3 B. Any stormwater runoff from the affected areas at.the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the 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. i 3. A. Sufficient buffer (minimum 100 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, sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected areas around the mine excavations shall be diverted internal to said excavations. C. No dewatering activities shall occur at this site. D. Mining activities shall occur as indicated on the mine map received by the Land Quality Section on November 26, 2012 and the supplemental information received on October 12, 2012 and November 26, 2012. 5. All affected area boundaries (26.34 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 sedimentation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain,such erosion. Page 4 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing.vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. ' 9. Sufficient buffer (minimum 100 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No-petroleum products, 'acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of 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 fist of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; ` 1 Page 5 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 $18,700.00 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. �r Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on.any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other `processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition Nos. 10A through D. . E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Reveaetation 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 Lespedeza (unscarified) 30. German millet 40 October 25- February 15 Rye (grain- temporary) 120 Soil Amendments Lime - 2000 Ibs/acre or follow recommendations from a soil test. Fertilizer - 1000 Ibs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall'be mulched using small grain straw at a rate of 2000 Ibs/acre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. Page 8 In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued January 13, 2013, is hereby renewed this 6th day of February, 2013 pursuant to GS 74-52. By:_ !I Tra(W E. Davis, Director Division Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources m w z y © N a � . W y -NN o Z rn o .�...f M CARNELL PIGOTT a SITE P.O. BOX 264 �f SHALLOTTE, NC 28459 CARNELL PIGOTT P.O. BOX 264 EN O 131 � SH&LOT1E SHALLOTTE, NC 28459 u j H 17 \ P.0 BOX LIMITEDNTZ 26 5.Z 0 i (�tISSE1TOWN a Q SHALLOTTE, NC 28459 5 0 $ 0 �/ o m + o N.T.S ♦ / EMMA JACKSON L 1 BF 4g 1207 RAYDALE COURT \ VICINITY MAP HYATrSVILLE MD 20783 100' MIN, UNDISTURBED �" "" BUFFER z PROPERTY LINE MINE PERMIT BOUNDARY �� �'� ♦ L.C. PIGOTT WILLIAM PIGOTT LINWOOD STANLEY DAVID OWENS 50 �� i �F 355 MC MILLY RD. 289 MC MILLY RD. 205 MC MILLY RD. O 5250 OLD SHALLOTTE RD. i 48 SHALLOTTE, NC 28459 SHALLOTTE, NC 28459 SHALLOTTE, NC 28459 SHALLOTTE, NC 28470 46.2 ` F PROPERTY LINE / 46 MINE PERMIT BOUNDARY CARNELL STANLEY ` MINE LIMITS ¢ "� MINE EXCAVA EA BF 8696 OCEAN HWY WEST 49.9 � �o CALABASH NC 28462 ''� ,� 8.9 ACR ♦ ♦ EXISTING 15' DIRT ROAD TO i 44.9 a`O BE USED AS HAUL ROAD ❑co wz ''► �'�� Z�.,BF 36 cv 2a B 8 D 44 �/ ♦♦ 34 z MINE LIMITS "3 �` t 8F ♦ •. j ��, m Illiil 9.9 38k I / ♦ �� 32.3 \,� EXISTINGon Novo woo 3Z ►� r NE EXCAVA N EA 1212 ACRES WILEY SNOW . �$ 32.8 150 BEAVER RD. ` 34 SHALLOTTE, NC 2$470 W \...�► 39. \\ 30 STOCK PILE I I O , PROPERTY LINE / \\ ` 38 3 � � ' I I DINE PERMIT BOUNDARY $ \\ i s �,,[ I USE 15 DIRT ROAD TO � \\ i �" \ BE USED AS HAUL ROAD 100' MIN. UNDISTURBED \\ �' '� ft"m woo 1 BUFFER pol EXISTING GRAVEL ACCESS ROAD ( I L.A. STANLEY \\ 42 �` d,� r �•�� ` IN DEEDED EASEMENT j I 421 BUTTERCUP LANE \\ jEl SHALLOTTE, NC 28459 ` ¢S ,fig WIDTH AND LENGTH VARIES 0 S ... ... "s GATED ACCESS I I z 1 54 PROPERTY LINE rn 15' MIN. MINE PERMIT BOUNDARY Q � 100' MIN. UNDISTURBED VARIES 1� 58. 5a BUFFER (n W o Q 2 2 TEMPORARY 7 3 1 HOLLAND PIGOTT z z °%°= uj SILT FENCE 56 P.O. BOX 525 — z SHALLOTTE, NC 28459 0 T � �U z � �. o_ �5.3 .r �/ EXISTING 15' DIRT ROAD TO z BE USED AS HAUL ROAD c ¢ 0 STOCKPILE AREA CROSS-SECTION (p NTS 5 7.1, ,, 1 � z z NOTE: SILT FENCE TO BE PLACED AT AREAS WHERE SEDIMENT HAS , V000 THE POTENTIAL TO LEAVE SPECIFIED LIMITS OF DISTURBANCE. w 5�'6 J 5 8 z U) LEGEND: z Ld MINE LI , �+ PROPERTY LINE / O O fa '5)7 1�7.3 t ---�---� -- •-- -�---- MINE PERMIT BOUNDARY � p Ll 100' MIN. FROM Z � PROPERTY LINE � � \ -� t � l � �-- EXISTING CONTOUR t MINE LIMITS 57.J RIGHT OF WAY TOP BANK ELEV. CATEGORY AFFECTED ACREAGE VARIES FROM 57' TO 30' 1� moo HAUL ROAD 12084 TAILINGS/SEDIMENT PONDS 0 AVERAGE 5 JPN STOCKPILES 0 1 DEPTH = 15' ja 1 cm JPN WASTEPILES 0 2 THERE ARE NO KNOWN WETLANDS WITHIN OR ow. EBB PROCESSING AREA/HAUL ROADS 1 .92 L ADJACENT TO MINE EXCAVATION AREAS. DAm 10/12/12 MINE EXCAVATION 24.42 PROPERTY LINE / wo�9�ce;� OTHER D MINE PERMIT BOUNDARY �►•• CAPO$'' TOTAL AREA TO BE PERMITTED 26.34 BOTTOM ELEV. VARIES L.A. STANLEY FROM 42' TO 15' 421 BUTTERCUP LANE ��,•' .....,h TOTAL TRACT AREA 89.91 MINE SLOPE CROSS SECTION SHALLOTTE, NC 28459 NTS SCALE : 1 " - 200' A! 8 INV,..�¢► 0 200 400 600 � -L1P m Z Y O D 0 Y cr_ LLJ ,�� 0 Q t� N �� CARNELL PIGOTT SITE M P.O. BOX 264 /� e� SHALLOTTE, NC 28459 CARNELL PIGOTT 131 6 P.O. BOX 264 �0 SHNIM MINTZ LIMITED F SHALLOTTE, NC 28459 � Q GRISSM001 P.O. BOX 264 \ SHALLOTTE, NC 28459 o p N.T.S ♦ EMMA JACKSON Z \ ,BF 4g 1207 RAYDALE COURT L li VICINITY MAP \ ` HYATTSVILLE MD 20783 100' MIN. UNDISTURBED PROPERTY LINE BUFFER z MINE PERMIT BOUNDARY ``� �� L.C. PIGOTT WILLIAM PIGOTT LINWOOD STANLEY o DAVID OWENS 50 355 MC MILLY RD. 289 MC MILLY RD. 205 MC MILLY RD. 4 a 5250 OLD SHALLOTTE RD. 48 SHALLOTTE, NC 28459 SHALLOTTE, NC 28459 SHALLOTTE, NC 28459 SHALLOTTE, NC 28470 46.2 ` F PROPERTY LINE / I ♦ ` 46� MINE PERMR BOUNDARY CARNELL STANLEY MINE LIMITS I U 8696 OCEAN HWY WEST ,,...,. MINE EXCAVA EA 49.9 BF �o CALABASH NC 28462 �6, / Z � 8.9 AwwR ♦ �, ♦ EXISTING 15' DIRT ROAD TO $F BE USED AS HAUL ROAD 95 r w 1 � 44.9 a � ` 3 � W Opp �.�.�8F 36 — o ? 8 MINE LIMITS O9.9 m 38k 32.3 ,� EXISTING ° i 8 CUL .•n MOM I r r ♦ �, 32 NE EXCAVA N EA WILEY SNOW 32.8 12.12 ACRES 150 BEAVER RD. SHALLOTTE, NC 28470 W 6 39. \\ �3o STOCK PILE I I 0 PROPERTY LINE / ,,.$ \\ ` 38 3g _ © I I MINE PERMIT BOUNDARY �[ ISTING 15 DIRT ROAD T 4"r. BE USED AS HAUL ROAD 100' MIN. UNDISTURBED \\ ~ mown ..+ 1 BUFFER Nona E OSTING GRAVEL ACCESS ROAD I I L.A. STANLEY `` \\ 42 IP DEEDED EASEMENT I I 421 BUTTERCUP LANE \\ SHALLOTTE, NC 28459 ` 44 S ja - � JS �y 46 8 _ .� ----_ WIDTH AND LENGTH VARIES 0 5 GATED ACCESS I I 1 5 PROPERTY LINE / I I J 15' MIN. 1 MINE PERMIT BOUNDARY Q �, 100' MIN. UNDISTURBED lye U VARIES 1 1L 58. BUFFER {� W o 0 5$ as a 'C' 2 2 TEMPORARY 57.3 HOLLAND PIGOTT z z •-•�- _ SILT FENCE 56 P.O. BOX 525 w 0 u SHALLOTTE, NC 28459 z ydc I ��.� .,.,, � ° �- °�" �. / EXISTING 15 DIRT ROAD TO z BE USED AS HAUL ROAD Li STOCKPILE AREA CROSS-SECTION , 0 Go c" NTS 57 1I Z — Z c3 1 ° 1 CL' �" NOTE: SILT FENCE TO BE PLACED AT AREAS WHERE SEDIMENT HAS 01-1 THE POTENTIAL TO LEAVE SPECIFIED LIMITS OF DISTURBANCE. w 5�.6 a' J O o 0� �o z ;� 1 z V) w� LEGELID z MINE LIM td o Li PROPERTY LINE / U 1 577 7 3 MINE PERMIT BOUNDARY O_ 100' MIN. FROM 7- PROPERTY LINE y EXISTING CONTOUR MINE LIMITS 1 57.� RIGHT OF WAY TOP BANK ELEV. CATEGORY AFFECTED ACREAGE VARIES FROM 57' TO 30' � .r� — .--=--_—.._--= HAUL ROAD 12084 TAILINGS/SEDIMENT PONDS 0 AVERAGE 1 � �� 56.91 Dm JpN STOCKPILES 0 DEPTH = 5' 1 j71 1 am. JPN WASTEPILES 0 2 THERE ARE NO KNOWN WETLANDS WITHIN OR matt E0B PROCESSING AREA/HAUL ROADS 1 .92 L N ... r ADJACENT TO MINE EXCAVATION AREAS. am 10/12/12 MINE EXCAVATION 24.42 PROPERTY LINE / y�o��et��or��p�,�� OTHER 0 MINE PERMIT BOUNDARY C Rp TOTAL AREA TO BE PERMITTED 26.34 BOTTOM ELEV. VARIES L.A. STANLEY �,. ti FROM 42' TO 15' 421 BUTTERCUP LANE �.•• ' . TOTAL TRACT AREA 89.91 MINE SLOPE CROSS SECTION SHALLOTTE, NC 28459 - NTS SCALE : 1 goof . Q y=MimiA+ GINti.. OQ• 0 200 400 600 �HKLl g , Wehner, JudX Nis' From: Nancy Howell [nhowell@ntengineers.com] Sent: Thursday, December 20, 2012 11:01 AM To: Wehner, Judy Subject: FW: Lakes of Lockwood Mine Attachments: 10-62 2012 2.pdf Ms. Wehner, ° Please see the comment from Wayne's Backhoe Service regarding the certified letters. Nancy Please note my new email address is nhowell@ntengineers.corn Nancy E. Howell Brunswick Office Manager nhowell@ntengineers.com 910-287-5900 Norris &Tunstall Consulting Engineers, P.C. 1429 Ash Little River Road Ash, NC 28420 Please note that our offices will be closed from December 24th through January 1st for the Holiday Season. It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc, that this electronic information provides design information current as of the date of its release, It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris &Tunstall Consulting Engineers, P.C, and Norris, Kuske &Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. From: Waynes Backhoe Service [mailto:waynesbackho@atmc.net] Sent: Thursday, December 20, 2012 10:58 AM To: Jbland@ntengineers.com Cc: Nancy Howell Subject: FW: Lakes of Lockwood Mire Jody, We want to confirm that the permanent address is indeed correct. We were never made aware of any Certified Mail. The mail carrier never had us sign for anything or did we have a card of any kind to pick up from the post office. The only explanation I can think of is, we had a new mail carrier that started a couple of months ago, which seems to put it around the time of the dated letter. i Please let us know if there is anything*that is needed that would keep us fror Ipting this mine renewed. Sorry for any inconvenience this may have caused. Respectfully Submitted, Donna LaChance Wayne's Backhoe Service, Inc. 20'Fhomasboro Road Calabash, NC 28469 910-579-7103 From: Nancy Howell [m ilto:ntiowell nten ineer .com] Sent: Wednesday, December 19, 2012 3:59 PM To: 'Waynes Backhoe Service' Cc: 'Jody Bland' ! Subject: FW: Lakes of Lockwood Mine Wayne, Please see the attached email from NC DENR regarding the Lakes of Lockwood Mine. until you verify your address or explain why the certified letter: ,was not picked up from the post office,your permit will not be renewed. Thanks, Nancy Please note my new email address is nhowell@ntengineers.com Nancy E. Howell Brunswick Office Manager nhowell@ntengineers.com 910-287-5900 Norris &Tunstall Consulting Enkineers, P.C. 1429 Ash Little River Road Ash, NC 28420 Please note that our offices will be closed from December 24th through January 1st for the Holiday Season. i It is the professional opinion of Norris &Tunstall Consulting Engineers, P.C, and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the fifes in electronic media format, Norris & Tunstall Consulting Engineers, P,C. and Norris, Kuske &Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris &Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc.in the preparation of such data. I From: Jody Bland [mailto:ibland@ntenpineers.com] Sent: Wednesday, December 19, 2012 3:43 PM To: 'Nancy Howell'; 'Phil Norris' Subject: FW: Lakes of Lockwood Mine 2 i 4 Nancy, Can you get with Wayne about thisip Norris & Tunstall will be closed from 12/24/12 - 111113 to spend time with our families during this Christmas season. We will resume regular business hours on 112/13. Thanks, Jody Bland, E.I. Norris & Tunstall Consulting Engineers, P.C. Brunswick Office - 910-i87-5900 Wilmington Office - 910-343-9653 Mobile - 910-512-8148 It is the professional opinion of Norris &Tunstall Consulting Engineers, P.C. and Norris, Kuske&Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the tiles in electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske &Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris &Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc, in the preparation of such data. Confidentiality Notice This message is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged, confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately either by phone (910-287-5900) or reply to this e-mail and delete all copies of this message. From: Wehner, Judy [mailto;iudy.wehner(&ncdenr.gov] Sent: Wednesday, December 19, 2012 3:28 PM To: Jody Bland Subject: Lakes of Lockwood Mine Mr. Smith did not pick up his certified mail so we want to know why before we issue the renewal. Judy Wehner Assistant State Mining Specialist 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (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. 3 No virus found in this message. . w Checked by AVG -www.avg.com Version: 2013.0.2805 /Virus Database: 2637/5970 - Release Date: 12/19/12 No virus found in this message. Checked by AVG - www.avg.com Version: 2012.0.2221 /Virus Database: 2637/5470 - Release Date: 12/19/12 No virus found in this message. Checked by AVG - www.avg,.com Version: 2012.0.2221 /Virus Database: 2637/5473 - Release Date: 12/20/12 4 ,owl' NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Beverly Eaves Perdue,Governor Director. December 20, 2012 Dee Freeman, Secretary Certified Mail Return Receipt Requested 7008 1300 0000 1 126 2126 Mr. Wayne Smith Wayne's Backhoe Service, Inc. 20 Thomasboro Road Calabash, North Carolina 28467 RE: Old Shallotte Mine Permit No. 10-63 Brunswick County Cape Fear River Basin Dear Mr. Smith: We have reviewed the renewal request you/your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: Please verify your permanent address. The request for additional information letter dated November 6, 2012 was returned by the US Post Office as "unclaimed unable to forward". Please complete a new page 1 if the address is incorrect or explain why the certified mail was not claimed. Please be advised that our review cannot be completed until alI of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Energy, Mineral, and Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 1612 Mail Service Center, Raleigh, North Carolina 27699-1612-Telephone 919.707-92201 FAX:919-733-2876 512 North Salisbury Street, Raleigh,North Carolina 27604• Internet:http:llportal.ncdenr.orglweb/Ir/land-quality An Equal opportunity I Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Certified Mail Mr. Smith Page Two As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 1,80-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. Sincerely, J Zit A�Wehner j Assistant State Mining Specialist Land Quality Section Enclosure: Page 1 cc: Mr. Dan Sams, PE i i i i Wehner, Judy From: Wehner, Judy Sent: Thursday, December 20, 2012 10:30 AM, To: 'Jody Bland' Subject: Old Shallotte Mine Attachments: 10-63 adi 2012 2.pdf Same as Lakes of Lockwood. Otherwise everything is okay. Judy Wehner Assistant State Mining Specialist 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (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. Wehner, Judy. From: Mills, Nick Sent: Wednesday, December 19, 2012 3:36 PM To: Wehner, Judy Subject: Old Shallotte Mine 10-63 Comments 12-19-2012 Attachments: Mine review 12-19-2012.doc Comments are attached. 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 0 �. Mining Application Review Checklist Application Permit 9:1 10-63 Action: r New r Modification r Renewal r Transfer r Release Applicant Name: •Wavne Smith Mine Name: Old Shallotte Mine County: Brunswick Administrative Issues: A. Is site currently under NOV? t" Ye s F N O Explain: B. Is site under CAMA jurisdiction? r Yes r%o No Explain: Field Issues: A. Are potential wetlands and watercourses properly indicated on the Mine Map r Yes r' No Explain: What is the approximate distance to the closest potential wetland and/or waterway? Over 300 feet B. Are the proposed buffer zones adequate? r Yes f No Explain: Yes as per the mine map dated 11-8-2012 and received by WIRO 11-26-2012. C. Do all occupied dwellings with 300 feet of the mine excavation appear to be Fv indicated ? Yes r No Explain: D. Do all water supply wells within 500 feet of the mine excavation appear to be indicated? r Yes F No Explain E. Is visual screening needed? F Yes P No Explain: F. Are the proposed erosion and sedimentation control measures properly located to prevent offsite sediment? W Yes r No Explain: A' NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Beverly Eaves Perdue, Governor Director November 6, 2012 Dee Freeman, Secretary Certified Mail Return Receipt Requested 7008 1300 0000 1126 1853 Mr. Wayne Smith Wayne's Backhoe Service, Inc. 20 Thomasboro-Road Calabash, North Carolina 28467 RE: The Lakes of Lockwood Mine Permit No. 10-62 Brunswick County Cape Fear River Basin Dear Mr. Smith: We have reviewed the renewal request you/your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. Please find enclosed a new page 1 of the application. The applicant on line 2 must match the name on the reclamation bond and current permit, which is Wayne's Backhoe Service, Inc. Revise the enclosed page 1 and return it to this office or request to transfer the permit to you from your company. A $100.00 transfer fee and new reclamation bond must also be submitted for the transfer request. 2. Please provide more information regarding the dewatering activities, such as the make/model of the pump to be used, pump capacity, hours of operation, etc. Show the dewatering outlet(s) and provide a construction detail for said outlet(s) 3. Clearly label the .76 acre over excavation areas on the mine map. If these areas are beyond the current permit boundary a modification request must be submitted to expand the permit boundary or reclaim and restore these areas. The modification request must include a processing fee of$750.00, notification to any new adjoining landowners and county/city manager(s), proof of the notification and a new completed affidavit of notification. Six copies of the modification request must be submitted. 1612 Mail Service Center, Raleigh,North Carolina 27699-1612-Telephone 919-707-9220 1 FAX:919-733-2876 512 North Salisbury Street,Raleigh, North Carolina 27604-Internet:htto:l/portal.ncdenr,org/webllrtland-quality An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper SENDER: • • SECTION e Complete Items 1,2,and 3.Also complete A. Signature Item 4 If ResMcted Delivery Is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: D. Is delivery address different from Item 1? ❑Yes It YES,enter delivery address below; ❑ No ' MR WAYNE SMITH WAYNE'S BACKHOE SRVC INC 20 THOMASBORO ROAD 3. Moo Type CALABASH NC 28487 Certified Mail Express Mall Registered Return Receipt for Merchandise Insured Mall ❑C.O.D. 4. Restricted Dellvery?(Extra Fee) ❑Yes i 2. Article Number (nansferfromserviceiaW) 7008 1300 0000 1126 1853 jj PSjFat7n 38111,February 20041/0-(o _DomesltictRetum Receipt j iozsssa¢M-isao f ^ Certified Mail Mr. Smith Page Two 4: Provide proof that you have obtained or are in the process of obtaining any necessary permits from the Division of Water Quality regarding the proposed dewatering activities. 5. Provide screening for the future mining along the southern permit boundary. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Energy, Mineral, and Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. 9Sincerely, �J"'� AJ dith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosure: Page 1 cc: Mr. Dan Sams, PE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine County River Basin Latitude (decimal degrees to four places) Longitude (decimal degrees to four places) 2. Name of Applicant* 3. Permanent address for receipt of official mail* Telephone { ) Alternate No. ( ) 4. Mine Office Address Telephone f' ) 5. Mine Manager We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature Date Print Name Title * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security_)that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. G. Are the proposed revegetation reclamation plan acceptable? W Yes r No Explain: Date Inspected_ 3-16-2010 Erosion and Sediment Control Plan Review: It is the responsibility of the Regional Office staff to verify the adequacy of the E&S measures. Please provide any concerns or comments. Other Comments• None Inspector/Reviewer's Name Nicholas Mills Date: 12-19-2012 Regional Engineers Name Date: r' i».�-.�......V..:"h-:^v� � ..s--.�...-..��-,tY.�-� �..V-ri'?�--.+.�.--.."'ti.-.w/' __ .._...}.. ��tr �Y�. '`'-r_.�'r t!` � +1.'.. ..� .. •,�/ r�-� .. A41NMG CHECKLIST FOR ROUTING AyyhW&S NOW O. Prjcd Na1te: Aflk/MMU No.: /0 Calaq. N�--LLL Ddf Rwt i- 1 l a, Rrvterrer. RtW SAfb!NOW ❑ New R=Wgl ❑ mdocaUm (bW&ycrrrrtt holy a) ❑ Modtfteattm (mnbhkyemdt,IAgarb t<S) ❑ 7rmn r ❑ R96M ❑ PArttal R&" Addttta d I0rn MUM ❑ Fa Nadel:s6 ❑ Fa Rtactved: Fkas mk adttr ffkdim La a c to Rrgto W Offia (z W yW WjkP, attach the-ULS RgWad(jW"Ayylledm RCVW �cm&to one co1'y and a ch bn the DwcuW DA4•Mtllt��Revfar Form to the other on,-send both caytcs to the Rgimi l DOINW) — Date: RORW RWd ❑ DtvWK s f Wda RZOrrM Datr: ROW Uri ❑ NC WA&t Raon=Carrmdtvkm Ddr: Ra&d Reed ❑ us Ffsk R wfldkfc scrota Datr. ROW Rred (Ofi j nen wk0m and=*"am"that add Lasd to then,&) PIAW rtrrdc ftd 3 Of dre ffbe fM and ark ladUa r►rq►S t0. ❑ MOM Of PArkr&Rarr&M Dah: R IW Reed ❑ NC Gm sn19L9 Serum Date: ROW Reed Cl MIN Of Maft Ftfkertea DAh: RAW Reed ❑ DtOM�Sd&wAhr CMer FAt M (JIMS LEA) Dde.. RAsted Rred (b*new ayyka tow asd mdficaum musts that add Lard to duycrnrtt) ❑ DfMsta s f ArchiM dt Hts 7 DatC ROW RWd (0*aw ayyltcatta u) ❑ odup Dds: Rad d Reed 0•Snip=Date f" Comt end 1aj a 1 (w Wff darn 15&p f n Mat ❑ P�aSt�Otc du fig : Norris & Tunstall Consulting Engineers, P.C. 1127 Floral Parkway 1429 Ash-Little River Road Suite 400 Ash,NC 28420 Wilmington,NC 28403 (910)287-5900 (910)343-9653 (910) 287-5902 Fax (910) 343-9604 Fax John S. Tunstall, P.E. J. Phillip Norris, P.E. November 20, 2012 Mrs. Judy Wehner RECEIVED NC DENRDy Ta1T Land Quality Section Division of Land Resources 1612 Mail Service Center ILA ND QDAL!TY SHCT!C3 q Raleigh, NC 27699-1612 Re: Old Shallotte Mine — Permit No. 10-63 Brunswick County— Cape Fear River Basin NT Project No. 12084 Dear Mrs. Wehner, The following are offered in response to your comment letter dated November 6, 2012: 1. The permit application page has been updated as requested and is enclosed for your use. 2. The mine map has been updated. The permit boundary resides along the property line and is noted as such, a 100 ft buffer line has been added to the plan and dimensions are provided from the limits of excavation line to the property 1 permit boundary lines. In speaking with Mr. Smith, he indicated that no stockpiles reside on site and that typically material is removed on an as needed basis but we have shown a potential stockpile location and have added a stockpile detail to the plans. 3. See the added stockpile detail for silt fence location. Please contact us if you have any questions or comments. Thank you for your assistance on this project. Sincerely, NORRIS & TUNSTALL CONSULTING ENGINEERS P.C. JJ Phillip orris, P PN/neh 1 2084 1 1-20-12 s mining resp Itr cc: Mr. Wayne Smith 1 Wayne's Backhoe Services, Inc. NCBELS License C-3641 APPLICATION FOR A M UNG PERMIT NT # 12084 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Old_Shall-o-tte Mine County— Brunswick River Basin Ca Fear Latitude (decimal degrees to four places) 780 26' 31"N Longitude(decimal degrees to four places) 330 57' 47" W 2. Name of Applicant*. Wayne's Backhoe Service. Luc _ 3. Permanent address for receipt of official mail**_ 20 Thoma boro Road Calabash. NC 28467_ Telephone (910) 579-1703 _ Alternate No. (9101 579-1703 4. Mine Office Address _ 20 Thomasboro Road Calabash.NC 28467 Telephone ( 910) 579-1703 5, Mine Manager Wa a 5mith We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature Date Print Name Wayne Smith_ Title Owner * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond(security that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S, 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt ofa complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. -1- A7L' tA RCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Beverly Eaves Perdue,Governor Director Dee Freeman, Secretary ot MEMORANDUM October 15, 2012 RECEIVED NOV 0 8 2012 TO: Ms. Maria Dunn Habitat Conservation'Program Coordinator LAN IIALITY Wildlife Resources Commission �� 4��� i,9M FROM: Brenda M. Harri , Mining Program Sec Mary Land Quality Section � VD 2 SUBJECT: Mining Permit Renewal for Wayne Smith � tom► Old Shallotte Mine , 4 Brunswick County C9SV�2 Please find attached for your review a copy of the mining permit renewal 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, estuarine, or marine fisheries (G.S. 74-51 (2)). Please respond by November 6, 2012 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater, estuarine, or marine fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time: Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibmh � '"`�� Attachments cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh,North Carolina 27699-1612-Telephone 919-707-92201 FAX: 919-733-2876 512 North Salisbury Street, Raleigh,North Carolina 27604•lnternet•http:Lportal.ncdenr.org/web/Ir/land-quality, An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper • Aii' A • NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Beverly Eaves Perdue, Governor Director Dee Freeman, Secretary November 6, 2012 Certified Mail Return Receipt Requested 7008 1300 0000 1 126 1846 Mr. Wayne Smith Wayne's Backhoe Service, Inc. 20 Thomasboro Road Calabash, North Carolina 28467 RE: Old Shallotte Mine Permit No. 10-63 Brunswick County Cape Fear River Basin Dear Mr. Smith: We have reviewed the renewal request you/your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. Please find enclosed a new page 1 of the application. The applicant on line 2 must match the name on the reclamation bond and current permit, which is Wayne's Backhoe Service, Inc. Revise the enclosed page 1 and return it to this office or request to transfer the permit to your from the company. A $100.00 transfer fee new reclamation bond-must also be submitted for the transfer request. 2. Revise the mine map to clearly label the 89.91 acre permit boundary. Also label the 100 foot undisturbed buffers on the mine map. Label the buffers as "undisturbed" and provide the widths. Show the location of the stockpiles on the mine map. 3. Provide silt fence for the stockpile area near the buffers. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter,.as the mining application review progresses. 1612 Mail Service Center, Raleigh,North Carolina 27699-1612•Telephone 919-707-92201 FAX: 919-733-2876 512 North Salisbury Street,Raleigh, North Carolina 27604-Internet:htto:llaortal.ncdenr.orglweb/IrAand-quality An Equal Opportunity l Affirmative Action Employer--50%Recycled 110% Post Consumer Paper Certified Mail Mr. Smith Page Two In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Energy, Mineral, and Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by,15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. ncerely, J dith A. ehner Assistant State Mining Specialist Land Quality Section Enclosure: Page 1 cc: Mr. Dan Sams, PE Wehner, Judy From: Mills, Nick Sent: Tuesday, November 06, 2012 10:30 AM To: Wehner, Judy Subject: Old Shallotte Mine 10-63 Comments Attachments: Mine review insp 10-31-2012.doc; mine'10-63 DWQ & AQ Comments 11-6-2012.pdf Here are the Mine 10-63 Old 5hallotte Mine comments. E-mail correspondence to and from this address may be subject to the Borth Carolina Public Records Law and may be disclosed to third parties. 1 Mining Application Review Checklist Application Permit#: 10-63 Action: New r Modification ry Renewal F Transfer F Release Applicant Name: •Wavne Smith Mine Name: Old Shallotte Mine County:' Brunswick Administrative Issues: A. Is site currently under NOV? r Yes r NO Explain: B. Is site under LAMA jurisdiction? rW, Yes 9- No Explain: Field Issues: A. Are potential wetlands and watercourses properly indicated on the Mine Map ? r Yes r" No Explain: What is the approximate distance to the closest potential wetland and/or waterway? Over 300 feet B. Are the proposed buffer zones adequate? r' Yes r No Explain: Please show the minimum 100 ft. buffer zone indicated in the mining application between any mining activity and mining permit boundary on the proposed mining plan. C. Do all occupied dwellings with 300 feet of the mine excavation appear to be indicated ? We Yes rNoExplain: D. Do all water supply wells within 500 feet of the mine excavation appear to be indicated? r Yes r No Explain E. Is visual screening needed? I— Yes W NoExplain: F. Are the proposed erosion and sedimentation control measures properly located to prevent offsite sediment? r Yes W No Explain: Silt fence should be utilized around stockpiled areas that may be close to the buffer. G. Are the proposed revegetation reclamation plan acceptable? Yes r No Explain: Date Inspected_1 3-16-2010 Erosion and Sediment Control Plan Review: It is the responsibility of the Regional Office staff to verify the adequacy of the E&S measures. Please provide any concerns or comments. Silt fence should be utilized around stockpiled areas that are going to remain exposed and unvegetated for long periods of time. Other Comments: All Stockpiled areas should be indicated on the proposed nine plans. Inspector/Reviewer's Name I Nicholas Mills Date: 1 10-31-2012 Regional Engineers Name Date: Print this form to POF Return PDF of this form too CO by email.cc DLR RO and DWQ SpU MINING PERIIT APPLICATION REVIEW FORM for the DIVISION OF WATER QUALITY THIS SECTION TO BE FILLED OUT BY DLR: Project Name: DLR Permit#: - 3 County:lByMeAddress, YES NO Date Commencing is this mine a new mine? ❑ Have land disturbing activities started? Date? ❑ Latitude: Longitude: l Please return comments to (at DLR CO): //�V 1P /YJ I cl / r fr/-s Comments due bL.L2=:2-U 12— SECTION BELOW TO BE FILLED OUT BY DWQ; Is the RO co cerned that the operation, as proposed, would violate standards of water quality?_jS(p_ Comments: S VA-Ml.* NO'be+N K*rf M IJiC kISX O 9-CyrK�01Se t Lc .P t-LoL 4 Watershed/Stream Name & Classlfication:�c;�As -Fi (,( i5o,- 4-Qv4 i -Clt' DWQ Compliance Status of Mine: YES NO NPDES permit existing? 0 (Permit# ) ' Should permittee contact DWQ RO immediately? (e.g. to schedule a site visit If ❑ RO Contact Name: mine has already begun digging or Is Contact Reason: dewatering without DWQ permit) 401 Wetland Cert. existing? ❑ Permit# f.� ace 2 � xa12 Rev septemtw 2010 1 r„,..,IrJ ,V,rl,/V, !/. • ,r,...r.,r, yr v,.• rn.....nn w�.v.,u� ..r.... . ..r.............w.0 w.rrw JYU YES NO Does DWQ RO suspect or-know of- wetlands to the site? EN Stream Determination Needed? ME Does DWQ RO need a statement-that no wetlands/streams are disturbed �'• for this project from applicant? Buffer Determination Completed? ❑ l5' New Recycle_System permit required?* Enough Information to determine? Will wastewaters discharge to HQW waters ❑ • 0 .7Q16 . with a 7Q10=0?*' Unknown ermittee determine : n Flow: Nam' l7 , Mine must waitto dewater until an O&M_ ❑ �� . plan is approved? "The NPDES SW and WW QermiLiI000�covers_closed-loon recycle systems.designed t4 xcluds all siorrrtwattr ain-off fmm• the system and operate t or.below twoIfreeboard. These systems,mey be permitted by a Nan-discharge Recy !c e.System Permit from g Aguifer Protection Section fAPSt, OR may Instead be permitted undQr tjQGQ2QQQ0112 gUML06to an additional permit. Recycle systems thaf do o ef Those criteria are c sldered dAighaMta.gy1lemi. d are•s b ec to he NCGO20000&ghalve eA rmtt. "'TO obtain 7010 flows,permittees must contact the DWQ Stormwater Permitting Unit. trDWQ does not have a flow estimate for a specific stream,permtttees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for more information on obtaining a 7010 flow. USGS will not determine a 7010 flow for tidally influenced water bodies. Reviewed by: DWQ RO Surface Water: Regional Office: Date: LL�ZOt Z . RO Aquifer Protection Section: _ Regional Office: Date: SPU DWQ Central Office Reviewer (if applicable): Rev September 2010 MINING PERMIT" APPLICATION . REVIEW FORM for DIVISION OF AIR QUALITY project,.5 .1'1t?r�.!(�- �i 4 r� County: r'Ja 1*1 **Due Date for Comments Back to Land Quality Section: Will the operation, as proposed, violate standards of air quality? IV.v Comments: /Vo - - -Gk- - Grp s-h_e.•- 1`S. '--0 0 1`a v( - �- ff o, Vv c r `r Ls a re Ar YES NO Air permit required Air permit existing (Permit IIAL ? Other Comments: Reviewed lby: t Date: 10 31 Az Print Name: "@mil - cr►_'"•r o 1012000 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Beverly Eaves Perdue Thomas A. Reeder Dee Freeman Governor Director Secretary October 19,2012 MEMORANDUMS e� 1 TO: Judy Wehner C' Land Quality Section 9 OCT 2 Toy? FROM: Paul Williams Division ound Wa of Water R anag went Section ���QUAL17-y SAC rroN SUBJECT: Comments on the Mining Permit Renewal Request for: Wayne Smith Old Shallotte Mine Brunswick County Please find attached a copy of the mining permit renewal request for the above referenced project. The Old Shallotte Mine, located in Brunswick County, does not appear to have an unduly adverse effect on ground water supplies since there is no dewatering proposed on site. If it becomes necessary to begin pumping water from the mine to stabilize mining activities, the Division of Water Resources would like to be contacted so that it may further investigate any potential effects on potable ground water supplies. Facilities not in the fifteen county Central Coastal Plain Capacity Use Area are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.22H. This statute requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register and update withdrawals. This statue also requires transfers of 100,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water transfers. Water withdrawal registrants must complete the annual water use reporting form by April l for the previous year. If you have further questions please contact the Division of Water Resources at (919) 733-4064 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. 1611 Mail Service Center,Raleigh,North Carolina 27699-1611 One Phone:919-707-9000\FAX:919-733.3558 Internet:www.nmater.org NO Carolina An Equal Opportunity 1 AffirmaWe Acwn Employer—5D%Recyded 110%Post Consumer Paper ►`rtur Qr/ly Ar-i LA .. NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section J Tracy E. Davis, PE, CPM Beverly Eaves Perdue, Governor Director r Dee Freeman, Secretary October 15, 2012 MEMORANDUM TO: Mr. Nat Wilson Habitat Hydrogeology Group Division of Water Res urces FROM: Brenda M. Harri Mining Program e e ary Land Quality Section SUBJECT: Mining Permit Renewal for Wayne Smith Old Shailotte Mine Brunswick County Mine Dewatering Proposed © No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on potable groundwater supplies (G.S. 74-51 (2)). Please respond by November 6, 2012 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on potable groundwater supplies would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibmh Attachments , cc: Mr. Dan Sams OCT i s 2012 1612 Mail Service Center, Raleigh,North Carolina 27699-1612•Telephone 919-707-92201 FAX:919-733-2876 512 North Salisbury Street,Raleigh, North Carolina 27604•Internet:http:/Iportal.ncdenr.ornlwebArAand-gualit An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110% Post Consumer Paper Ti (4. i MINING CHECKLIST FOR ROUTING AgltW&j Nat Prat Now. RMOM Rtwr Bass saw: ❑ New Rtrrtpal ❑ MAdtfie�ttori (tnstdt�tr�tt bnttndartts) ❑ MA*a m ❑ Rtkax ❑ Partial Rd= ❑ Addtttanal torwrdo ❑ Fa Ne&k $ I, r-ac RATt ck 0�b Plrast riosrh O&M lttAtfon EgAff to. to (2 W)FkP,atf&h du 14s RVWW Offla M"Af'i Rom' Cher'to One Copy A &Ck bA W DAQ' A#IC&M Rft*Form'to the other e%send balk"to tart RgWaI L Date: RMW 1 D S Z.RCC'd I,' Z M n ,2� DW t0it 4watrr Rzww Daft: lioitftd RWd / NC WlMbft Rts um COnuf LOM Date: Rtn W Rita V CYJ ❑ US Fish&wlAft W ttC Daft: RMW Ra'd � (C": new ajykattans and mooCatton trgarsts that add tad to t6 jrritf) ? Pilaff raittc firA 3 fist Wkqfto and location to: ❑ DtKft ftel s A RUMIUart Daft: ROW Rita a ❑ NC GldoBttd Stuv6'SCCUM Datt: Rabid RWd ❑ DM AM Df MOW Fis WHZ Date: RMW RWd CS�, ❑ Div SIM of Soil&Wata Canftrvafton (ybss LEA) Date: Roytted Rrrd M (only new aytcat m aid a dfko n rrRueas tart add Lad to theyv*O 0 DMSton 7 A &Ht" Daft: RMW Rtcd (off!'newtons) ❑ otha: Date: RMW Reed •+SqeW Daft for CorMl![tnts (no loaf than as dapfm reat)'t) ❑ Plane sate tlu raIIorrtr(g: �T.I/V NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and land Resources Land Quality Section Tracy E. Davis, PE, CPM Beverly Eaves Perdue,Governor Director Dee Freeman, Secretary October 15, 2012 MEMORANDUM TO: Ms. Maria Dunn Habitat Conservation'Program Coordinator Wildlife Resources Commission FROM: Brenda M. Hard Mining Program Sec ary Land Quality Section SUBJECT: Mining Permit Renewal for Wayne Smith Old Shallotte Mine Brunswick County Please find attached for your review a copy of the mining permit renewal 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, estuarine, or marine fisheries (G.S. 74-51 (2)). Please respond by November 6, 2012 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater, estuarine, or marine fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms.'Judy Wehner at (919) 707-9220 if you have any questions. Ibmh Attachments cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh,North Carolina 27699-1612-Telephone 919-707-9220/FAX:919-733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604- Internet:http://portal.ncdenr.org/web/Ir/land-guality An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer paper NCDENK North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Beverly Eaves Perdue,Governor Director Dee Freeman, Secretary October 15, 2012 MEMORANDUM TO: Mr. Nat Wilson Habitat Hydrogeology Group Division of Water Res urces FROM: Brenda M. Hard Mining Program a re ary Land Quality Section SUBJECT: Mining Permit Renewal for Wayne Smith Old Shallotte Mine Brunswick County 0 Mine Dewatering Proposed © No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on potable groundwater supplies (G.S. 74-51 (2)). Please respond by November B, 2012 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on potable groundwater supplies would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibmh Attachments cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612-Telephone 919-707-9220I FAX:919.733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604•Internet,http://portal.ncdenr.org/web/Ir/land-guality An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper h sr�i` arrta� ,sr " k& g4=n?7' .'b' i1k�h� _ +gip _ �rL. F�•, WAYNa �8 BACKHO Sf RVICi =iNCzf, W+%P Mbww ,..� �'5644 r yy1 F1;JAp /� ,�Sg Mill, , 7 "29�Mp�/§gQflp' -SWk y. _f.¢py �Y' a ti �,�` ° ., :- 1 •.,.rT CALAUASH�Nc asr as ` ;L . n 1.. I_ Yb dP hr '7 {].e� �Sy' J�" y , r.. �'.� k. 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'�� J + p� fC d' - ;� r� n ',- � #'' 27fi�-1&1:7�r ,--�"�.�,:- ?•��,����� ��= � - t � �,;:���;.� �+��5.� -� ��` M � ���, �� 'C , 6 '�� +Y,J/,'��.F Ct,,�} [% �. ,�{.' wC4 t .f �'t S � r.,k►kCjfG rJ' ,v�r, f. �i .-r. �' sT r � }�A � -. r� a r� wk�sJ t;••.>,m..- _cn�:. sr� .�.-�, �. s+� �" � 4t: �r� ties iL r.i` }-i y�.s r;Cl - 4,�. •1 � � .+��'9L.y"��y�>,,,�. �'dahr{� �7�' .'n �`,j" rv,i '(''• >� t1+. '`''rrt _ }r.: u,�' �- .... > � �f' � "� "�yfr�i3�..�rs'� La.C�� +� "s dt `;1.� ~ ��� �� ��.Y� A II .."l�- - a:�d' �x.Y L.?--.�'• � 5�n�-�"�."!.`l�:L�:fl ryy. f ��,L� ^��y^s+.^'�'YFii ��f Wehner, Judy From: Wehner, Judy Sent: Monday, October 15, 2012 9:55 AM To: Gregson, Jim; Willis, Linda Cc: Sams, Dan; James, Trentt; Wehner, Judy Subject: Old Shallotte Mine Renewal Worksheet Attachments: 10-63 DLR-Water Quality Review Sheet.doc Here's the worksheet for 10-63 renewal. Judy Wehner Assistant State Mining Specialist 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (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. i Print this form to PDF Return PDF of this farm to DLR CO by email.cc DLR RO, DWQ SPU. Send a copy to the permittee. MINING PERMIT APPLICATION RENEW FORM for the DIVISION OF WATER QUALITY THIS SECTION TO BE FILLED OUT BY DLR: Project Name: Old Shallotte Mine DLR Permit# 10-63 County: Brunswick Applicant's Email: Applicant's Mailing Address: 20 Thomasboro Road, Calabash, NC 28467 Mine Physical nlaAddress: YES NO Date Commencina Is this mine a new mine? r 2003 Have land disturbing activities started? Date? N 2003 Latitude: 33.9637 Longitude: -78.4431 Please return comments to (at DLR CO): Judy Wehner Comments due by: 1116112 SECTION BELOW TO BE FILLED OUT BY DWQ: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments: Watershed/Stream Name & Classification: DWQ Compliance Status of Mine: Does this mine (or previous owner) have DWQ back fees to pay? If yes, amount: Is this mine an active permit in RIMS? YES NO NPDES permit required? NPDES permit existing? r -(Permit# ) f If an NPDES permit is not required, is DWQ still concerned about wetland degradation r. by dewatering? Should permittee contact DWQ RO immediately? (e.g. to schedule a site visit if r RO Contact Name: r mine has already begun digging or Is Contact Reason: dewatering without DWQ permit) 401 Wetland Cert. required? r 1 r.^I 401 Wetland Cert. existing? Permit# r Does DWQ RO have enough information to determine if a 401 certification is required? Rpv.Rontprnhpr 7m n Print this form to PDF Return PDF of this form to DLR CO by email.cc DLR RO, DWQ SPU. Send a copy to the permittee. YES NO Are wetlands disturbed at this site? Does DWQ RO suspect or know of nearby r r wetlands to the site? Lr J D Is a wetland delineation required. prior to t Consultant DWQ issuing the permit? = p � . nsite. Ir Offsite? Stream Determination Needed? r r Stream Determination Completed? Does DWQ RO need a statement that no wetlands/streams are disturbed r 7 for this project from applicant? Buffer Determination Needed? Buffer Determination Completed? r r Recycle system permit existing?* ---.-Permit# sr i New Recycle System permit required?* r I-- Enough information to determine? Non-discharge permit existing?* _Permit# r�c Does this applicant need to contact the regional of Central DWQ Office to r r determine if a State Stormwater Permit is needed? Unknown. Will wastewaters discharge to HQW waters r , r '7Q10 Permitteemust with a 7Q10=07 ** Flow: determine. r 'Has Violation Ir ,)O&M Requirements . it HQW17Q10 Concerns Does DWQ require DLR to hold the permit r- Pay back fees or renew _ (e.g. so DWQ can review it further or ,•�. ,DWQ permit •___ because DWQ.requires more informatioi Other: Please describe the reason to hold the permit: RO contact: j " Hold.Until: Mine must wait to dewater until an O&M plan approved? "The NPDES SW and WW pemNt NOG020000 covers closed-loop recycle systems, designed to exclude all stormwaterrun-off firm the system and operate at or belowtwo-feet of freeboard. Theses stems may be errnitted by a Non-discharge Recycle System Perrnit from the Aquifer Protection Section(APS), OR may instead be permitted under NCG020000 to eliminate,an additional,permit._ Rav SnntPmhnr 9n1n Print this torm to PDF Return PDF of this form to DLR CO by email. cc DLR RO, DWQ SPU. Send a copy to the permittee. Recycle systems that do not meet thosearie are considered dischaming systems, andsubiect to the NCG020000 discharc� permit. — "To obtain 7Q10 flows,permittees must contact the DWQ Stotmwater Permitting Unit. If DWQ does not have a flow estimate fora specific stream, pennittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS:919-571-4043, for more information on obtaining a 7Q 10 flow. USGS will not determine a 70 10 flow for tidally influenced water bodies. ""'If there is not en_ouah information to_give a complete answer, write in the space provided what you will need to answer this auestio_n completely, !f you require DLR to hold the permit until further notice, indicate that in the question below. Reviewed by: DWQ RO Surface Water: Regional Office: Date: RO Aquifer Protection Section: Regional Office: Date: SPU DWQ Central Office Reviewer (if applicable): Rwv SPntPmhar 7Mr • Norris & Tunstall • Consulting Engineers, P.C. 1127 Flora) Parkway 1429 Ash-Little River Road Suite 400 Ash,NC 28420 Wilmington,NC 28403 (910) 287-5900 (910) 343-9653 (910) 287-5902 Fax (910) 343-9604 Fax John S. Tunstall, P.E. J. Phillip Norris, P.E. October 10, 2012 Ms. Judy Wehner NC DENR I Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Re: Mining Permit Renewal Application Submittal Old Shallotte Mine, Permit No. 10-63 Brunswick County, NC NT Project No. 12084 Dear Ms. Wehner: Our client, Wayne Smith is requesting a renewal of the above subject permit for the Old Shallotte Mine in Brunswick County for an additional ten (10) years. There are no changes in the operation of the mine and no additional land is to be affected or added to this permit. Based on the fact that our client has several mining permits found to be in good standing with DLQ, none of the seven denial criteria would be applicable to our client's current operation. Enclosed are the original and four (4) copies of a new mining permit application completed except for the notification to adjoining land owners as stated on the checklist, five (5) copies of the mine map, and a check in the amount of $1,000.00 for the processing fee. Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance on this prole Sincerely, V NORRIS & TUNSTALL CONSULTING ENGINEERS, P �VD 5EC LA %M p ORJ. hil rris, E. A R OM A 1208410-10-12-s-OSM mining renewal-ftr Enclosures cc: Wayne Smith / Wayne's Backhoe Service, Inc. NCBELS License C-3641 APPLICATION FOR A MINING PERMIT NT # 12084 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Old Shallotte Mine County Brunswick River Basin Cape Fear _ Latitude (decimal degrees to four places) 780 26' 31"N Longitude (decimal degrees to four places) 330 57' 47" W 2. Name of Applicant* Wa ne Smith 3. Permanent address for receipt of official mail** 20 Thomasboro Road Calabash,NC 28467 Telephone (910) 579-1703 Alternate No. 910 579-1703 4. Mine Office Address 20 Thomasboro Road Calabash,NC 28467 Telephone 910) 579-1703 5. Mine Manager Wayne Smith We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature Date I C> I 1 Z Print Name Wa ne Smith Title Owner * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (sccuriW that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grantor deny an application fora permit within 60 days of receipt of a complete application or, if a public hearing is geld, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. -1- APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding,detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit(this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: ® If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: 10-63 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 26.34 ❑ 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): Doe the modification involve acreage outside the previously approved permitted boundary? Yes t No El. If yes, indicate the additional acreage to be covered by this modification: . (NOTE: you must complete all of Section F.of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit,will any portion of this acreage be affected(i.e.: disturbed, ground cover removed) by the mining operation? Yes ❑ No ❑ (If no, a "minor modification" fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit(the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ❑ If this is an application for TRANSFER of a mining permit,indicate the mining permit number and the total (overall) acreage covered y the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand 3. Mining method: E Hydraulic Dredge D Front-end Loader& Truck ® Shovel & Truck Dragline & Truck Self-loading Scraper Other(explain): 4. a. Expected maximum depth of mine (feet) 15, Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) b. Expected average depth of mine (feet) 12' -2- APPLICATION FOR A MINING PERMIT 5. Has any area(s) at this site been mined in the past? Yes ® No ❑ If yes, when and by whom was this activity conducted?_ Current Permitee under existing_permit 6. Number of years for which the permit is requested (10 years maximum): 10 y1s B. MAPS 1. Clearly mark and label the location of your mining operation on six 6 co pie of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) conies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5"' Floor Raleigh,North Carolina 27699-1612 Raleigh,North Carolina 27604 (919) 733-2423 httn:Hportal.ncdenr.or web/Ir/geological home County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation-Geographic Information Systems (GIS) Mailinp,Address: Physical Address: NCDOT GIS Unit NCDOT GIS Unit 1587 Mail Service Center 3401 Carl Sandburg Court Raleigh,North Carolina 27699-1587 Raleigh,North Carolina 27610 (919) 212-6000 hni)://www.ncdot.orp,/it/gis/ 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding(approximate) acreage. As a reminder,mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights-of-way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants(processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on-site haul roads. 1. Location of planned and existing on-site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of -3- APPLICATION FOR A MINING PERMIT the mining permit boundary, must be provided on the mine map. p. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway,creek,stream,river,or other watercourse,railroad track,or utility or other public right-of-way.If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway"means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres l inch= 50 feet 50-199 Acres 1 inch = 100 feet 200+Acres 1 inch=200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- • • APPLICATION FOR A MINING PERMIT 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(Explain) Total Disturbed Acreage NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE-SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FOR*. THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- • APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. Mine borrow area will be cleared and grubbed. Mining will begin at the west end of the mine area and progress to the east. Area will be reclaimed when mining operations are finished. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation(include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. The entire mine site will be surrounded by an existing vegetated buffer to act as a filter for any surface sediment movement. Since the mine is a pit,movement of sediment from the pit will be negligible. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ❑ No®. If yes,briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes ❑ No ®. Ifyes, briefly describe the nature ofthe discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). -6- 0 APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes ® No ❑. If yes, do you intend to dewater the excavation(s)? Yes ❑ No Z. If yes,what impact,if any,will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: NIA . Locate all existing wells on the mine map(s) that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data,well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. No wells are located within 500 feet of the pit. No impact on any wells is anticipated due to distance to wells and depth of excavation. This area is served by the Brunswick County water system. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s)(i.e.,non-discharge,NPDES,Stormwater,etc.)from the Division of Water Quality,Water Quality Section. In addition,the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. No dewatering will occur. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No Z. 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? Due to the sandy nature of the soils, dust is not anticipated to be a problem. Also, buffer distances to inhabited areas are extensive. -7- APPLICATION FOR A MINING PERMIT 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer(no disturbance within the buffer whatsoever),or a combination of the two,depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). A minimum buffer of 100 feet will be maintained. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). A minimum 100 foot buffer will be maintained between the mine and wetlands/watercourse. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required,unless technical justification can be provided to allow steeper slopes. Side slope excavations will not exceed 2 to 1. Wide enough buffers exist between the mine and adjacent property lines to ensure no violation of boundaries. -8- • APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine map(s)for all fill slopes (berms, wastepiles, overburden disposal areas, etc), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. A side slope of 2 to 1 or flatter will be maintained. c. In excavation(s)of unconsolidated(non-rock)materials,specify the angle of all cut slopes including specifications for benching and sloping. Cross-sections for all cut slopes must be provided on the mine map(s). NIA d. In hardrock excavations,specify proposed bench widths and heights in feet. Provide cross-sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. NIA 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. The mining operation is located at a sufficient distance from any existing neighboring structures, etc. to disallow any physical hazard to them. No blasting or vibratory equipment is to be used. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be accepptable high wall barricades. A construction detail/crass-section and location of each type of barricade to be used must be indicated on the mine map(s). A cable gate is located at the access road. This is approximately 500 feet from the mine area. -9- • APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes ❑ No If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees,bushes or other vegetation,building berms or other measures. Show the location ofall visual screening on the mine map(s)and provide cross-sections through all proposed berms or proposed spacing, sizes and species for tree plantings. The mine is located approximately 500 feet from any public road and is naturally screened by woods. b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? There are no public owned parks, forest, or recreation areas in the vicinity of the mine. 11. Will explosives be used? Yes ❑ No E. If yes, specify the types of explosive(s)and describe what precaution(s)will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program(such as a third-party blasting study). Locate the nearest offsite occupied structure(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes ❑ No ®. Ifyes, describe these materials, how they will be stored and method ofcontainment in case ofspill. Indicate the location(s) of all storage facilities on the mine map(s). -10- APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross-sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of allpermanent channels must be indicated on the reclamation map. The area will be reclaimed as a recreation area with road access. Pit banks will be grassed and allowed to revegetate with naturally occurring tree and shrub species. Haul roads will remain for access to the area for future development purposes. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ® No ❑. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-section(s) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation,unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes ® No ❑. If yes, specify species. Bream, bass, and catfish 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end-to-end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. NIA -11- i w APPLICATION FOR A MINING PERMIT 4. Indicate the method(s)of reclamation of overburden,refuse,spoil banks or other such on-site mine waste areas, including specifications for benching and sloping. Final cross-sections and locations for such areas must be provided on the reclamation map. No significant amounts of overburden, etc. are anticipated. S. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. No stockpiles are anticipated. Material will be excavated as needed and hauled away. Haul roads will remain for access to the area. b. Will any on-site roadways be left as part of the reclamation? Yes ® No ❑. Ifyes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. Due to the sandy nature of the soils, no side ditches are anticipated. 6. Describe the method of control of contaminants and disposal of scrap metal,junk machinery,cables,or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.) No off-site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environment and Natural Resources,Land Quality Section and either the Division of Waste Management(DWM)or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with a list oitems to be disposed in said areas. No significant amounts of waste products are anticipated for this operation. Any wastes generated will be disposed of off-site in accordance with local, state, and federal regulations. -12- Ih APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding,including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service,specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding Dates: Seeding Rates: Pensocola Bahragain 50 lb/acre Sericea Lespedeza 30 lb/acre Common Bermuda Grass 101b/acre German Millet 10 lb/acre MULCH -TYPE AND RATE OF APPLICATION (pounds/acre)AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS -TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trecs/acre, spacing of trees/shrubs, etc): loss" Revcgetation and/or reforestation plan approved by: C�4R Signature Da Print Name John Phillip Norris L Title Professional En ineer Agency Norris & Tunstall Consulting En ineers P.C. 's' •• QINE�•'� Q NIL.LlP • ��ihr�Nl�H�a� -13- � .�� .rf .may. � ++•-:r ,. � ,!` �����; osVj. �:y�i� a i �; :�.._ 'r 1e .'� • • 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 ofthe miningpermit. Please insert the approximate acreage, or each aspect of the mining operation, that you intend to a ect during the life a this mining permit(in addition,please insert the appropriate reclamation cost/acre for each cafe ry from the Schedule of Reclamation Costs rovided with this qRplicationform) OR you can defer to the Department to calculate your bond Lor you based upon your maps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: 0 Ac. X $ 500.00 /Ac. — $ 0.00 Stockpiles: 0 Ac. X $ 1,800.00/Ac. _ $ 0.00 Wastepiles: 0 Ac. X $ 2,000.00/Ac. — $ 0.00 Processing Area/Haul Roads: 1.92 Ac. X $ 1,800.001Ac. _ $_ 3,456.00 Mine Excavation: 24.42 Ac. X $ 500.00 /Ac. _ $ 12210.00 Other: 0 Ac. X $ 0.00 /Ac. _ $ TOTAL AFFECTED AC.: 26.34 Ae. (TOTAL PERMITTED AC.: 34 Ac.) Temporary& Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures will e needed to prevent offshe sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 26.34 Ac. b) Positive Drainage 0 Ac. X $1,500.00 = $ 0.00 SUBTOTAL COST: $ 0.00 Inflation Factor: 0.02 X SUBTOTAL COST: $ l 5,666.66 X Permit Life (1 to 10 years): 10 INFLATION COST: $ 3,133.00 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 18,799.00 Total Reclamation Bond Cost: S 18,700.00 _ (round down to the nearest $100.00) -14- � loC APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS Not Applicable The "Notice" form,or a facsimile thereof,attached to this application must be sent certified or registered mail, return receipt requested, to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway,creek,stream,river, or other watercourse,railroad track,or utility or other public right-of-way.If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary)as indicated on the mine map(s). "Highway"means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed,notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. NOTES: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA,AS REQUIRED BY NCGS 74-50(bl). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -15- NOTICE Not Applicable Pursuant to provisions G.S. 74-50(b]) of The Mining Act of 1971,Notice is hereby given that (Applicant Name) has applied on (Date) to the Land Quality Section, Division of Land Resources,North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh,North Carolina 27699-1612, for(check one): ❑ a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re-notification of adjoining landowners. The applicant proposes to mine on acres located (Mineral, Ore) (Number) (Miles) of off/near road (Direction) (Nearest Town) (Number/Name) in County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b]), the mine operator is required to make a reasonable effort, satisfactory to the Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notif ed(that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the ro osed mining activity, lease contact the applicant at the following telephone number: . For information on the mining permit application review process, p ease contact the Mining Program staff at(919) 707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record) -16- APPLICATION FOR A MINING PERMIT Not Applicable AFFIDAVIT OF NOTIFICATION an applicant,or an agent,or employee of an applicant,for a new Mining Permit,or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources,being first duly sworn,do hereby attest that the following are all known owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary (including,where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested,to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed,by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) [i.e.: City Manager, County Manager, Mayor, etc.] The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary)and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance withN.C.G.S.74-50(b1)and 15ANCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Title of person executing Affidavit I, a Notary Public of the County of , State of North Carolina, do hereby certify that appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my hand and notarial seal, this day of 20 Notary: my Commission expires: -17- APPLICATION FOR A MININARMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our Iands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the 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: Wayne Smith Print Name: _ WUnc Smith (Title, if applicable) Company Title: Owner (If applica le) Address: 20 Thomasboro Road Company: Wa e's Backhoe Service Inc. Calabash,NC 28467 Mine Name: Old Shallotte Mine Telephone: ( 910 ) 579-7103 Telephone: ( 910) 579-7103 Date Signed: Date Signed: *Signature must be the same as the individual who signed Page 1 of this application. One orieinal and five (5) conies of the completed application, six (6) col2ies of all location maps mine maps and reclamation mans,and the a2proviriate processing fee(see next page for fee schedule)in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Ouality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at(919)707- 9220. - 18 - m 4 W Z X a m F � F: Y Wam-MR C) U) 'moo 0 0 z CARNELL PIGOTT a .. . SITE P.O. BOX 264 N SHALLOTTE, NC 28459 CARNELL PIGOTT 1316 P.O. BQX 264 N SHALLOTTE, NC 28459 W ❑ MINTZ LIMITED (�SSMOWN Nye 17 \ P.O. BOX 264 52 �0 �' SHALLOTTE, NC 28459 p6 ,� o Q �D sr N.T.S ♦ , EMMA JACKSON z \ �g 1207 RAYDALE COURT W VICINITY MAP \ c3'a ... HYATTSVILLE MD 20783 • / �.,. z N O• - h L.C. PIGOTT WILLIAM PIGOTT LINWOOD STANLEY D DAVID OWENS 50 �� • 355 MC MILLY RD. 289 MC MILLY RD. 205 MC MILLY RD. O 5250 OLD SHALLOTTE RD. • • 48 `� SHALLOTTE, NC 28459 SHALLOTTE, NC 28459 SHALLOTTE, NC 28459 U SHALLOTTE, NC 28470 46.2 • � � � / 37 46 _ CARNELL STANLEY MINE OMITS A • 8696 OCEAN HWY WEST MINE EXCAV .� t6 49.9 �O ' CALABASH NC 28462 Q 8'� ACR • �` ♦ EXISTING 15' DIRT ROAD TO •+ 50 • 44.9 0 BE USED AS HAUL ROAD --- try 336 ❑ W 28 MINE OMITS ❑ N\ ,�� 29.9 38 6 �\ 32.3 � EXISTING / CUL Sosowow ~ ,3 4e woo NE Ea)X N EA 1 32.8 12.12ACE ! WILEY SNOW 150 BEAVER ♦ 3 ,34 SHALLOTTE, NCD28470 / 6 w ISTING 15' DIRT ROAD TO I I \\ 138 36 BE USED AS HAUL ROAD woo L.A. STANLEY `\� 42 EXISTING GRAVEL ACCESS ROAD I I ~ �` �. 421 BUTTERCUP LANE \� c4 iN DEEDED EASEMENT I I / SHALLOTTE. NC 28459 0 5 GATED ACCESS I I 54 I I °ter W (f} W o o °c3 a, rn 57 311 HOLLAND PIGOTT Z ---�- 56 P.Q. BOX 525 1� SHALLOTTE, NC 28459 o �? 55.3 �. ✓/ BE ffn UUSNEGD AS DHAUL BROAD OAD TO � W a o 00 00 57.1' Z if if c Ln z w 5 .6 J 2oa z 5 .8 - It z (f) � LEGEND: Z � ( MINE UM w 0 �7.3 --� — — PROPERTY LINE 17 GL 100' MIN. FROM Z PROPERTY UNE \ 1 36- 58 EXISTING CONTOUR Lo �*- -- MINE LIMITS 57. — — RIGHT OF WAY TOP BANK ELEV. VARIES FROM 57" TO 30' woo —__ --__—— HAUL ROAD 20�� CATEGORY AFFECTED ACREAGE ..• TAILINGS SEDIMENT PONDS 0 / AVERAGE 56.91 ors. JPN STOCKPILES 0 1 DEPTH = 15' JPN WASTEPILES 0 2 THERE ARE NO KNOWN WETLANDS WITHIN OR oRm. EDB PROCESSING AREA/HAUL ROADS 1 .92 L �, � ADJACENT TO MINE EXCAVATION AREAS. ate: 10/12/12 MINE EXCAVATION 24.42 OTHER T E PERMITTED 26.34 BOTTOM ELEV. VARIES L.A. STANLEY r�N GAgO TOTAL AREA 0 B FROM 42 TO 15 421 BUTTERCUP LANE TOTAL TRACT AREA 89.91 MINE SLOPE CROSS SECTION SHALLOTTE, NC 28459 L NTS 11 6 SCALE : 1 " -= 200' co INE4' Q2, 0 200 400 600 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary January 12, 2012 Mr. Wayne Smith Wayne's Backhoe Service, Inc. 20 Thomasboro'Road Calabash NC 28467 RE: Mine Permit No. 10-63 Old Shallotte Mine Brunswick County Dear Mr. Smith: According to our records, the mining permit for the above referenced mine will expire on January 13, 2013, GS 74-52 provides that the permit may be renewed at any time during the two years prior to its expiration. The procedure to be followed and standards to be applied in renewing a permit shall be the same as those for issuing a permit. To apply for permit renewal, you must complete Item Nos. 1-5 of the Renewal Checklist (revised 11/2001). Complete and file an original and 4 (four) copies of the appropriate pages of the mining permit application form for this site along with the required corresponding mine maps. The appropriate application processing fee is also required. The renewal checklist and application form and other forms may be downloaded by visiting: http://www.dlr.enr.state.ne.us/pages/miningprogram.htrnl, the web page for the Division of Land Resources' Mining Program. Please be sure to indicate any changes in the mining and/or reclamation plan. All requested information must be forwarded to the Land Quality Section's Central Office at the address located on the cover of the application form. If it is your intent to reclaim and release this site, the renewal will not be necessary. If this is the case, no further mining should be conducted after the expiration date and reclamation should begin immediately. It is further requested that you notify this office in writing of your intent to reclaim and release the site. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574/FAX; 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 January 12, 2012 Permit No. 10-63 Page 2 'It is recommended that you submit the above information for renewal of your mining permit at least 90 days prior to the permit's expiration date in order to allow the Department enough time to complete its review of your request before the permit expires. If you allow the permit to expire before submitting a request for renewal as per the above Checklist, you must immediately cease mining on and after the expiration date and complete reclamation of the site. Mining without a permit is subject to a $5,000 per day civil penalty. After the expiration date, approval of a new mining permit application will be required before mining may continue. Thank you for your cooperation. Please contact this office at (919) 733-4574 if you have any questions regarding this matter. Sincerely, anet Boyer, PE tate Mining Specialist Land Quality Section J Blbm h cc: Mr. Dan Sams North Carolina Department of Environment and Natural Resources Division of Land Resources, Land Quality Section RECEIVED MINE INSPECTION REPORT M.AR 24 2010 (PERMITTED MINE) LAND QUALITY MINING PROGRAM 1. MINE NAME Britts Landscaping Mine #1 2. MINING PERMIT # 10-63 3. OPERATOR F Charles Britt '4. COUNTY Brunswick 5. ADDRESS 1 11.6 Southport Supply Road Supply,NC 28462 6. PERMIT EXPIRATION DATE 12-16-2014 J. RIVER BASIN . Lumber S. Person(s) contacted at site 1. No one on site 9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? ❑ Yes ® No 11. Date last inspected: 6-27-07 42. 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#3A: Sufficient buffer(, minimum fifty feet) 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 inte ri of the natural watercourse or wetland. If the buffer has been disturbed, it must immediately be_reestablished. OC#4A_ Adequate_mechanical barriers including but not limited to diversions earthen dikes, silt check dams, silt retarding structures, ri rqp pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from dischar in onto adjacent surface areas or into any lake wetland or natural watercourse injoroximity to the affected land. OC#5 All affected area boundaries (19.9 acres) shall be permanently_marked at the site on 100 foot intervals unless the line of sight allows for larger spacingintervals. OC#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 me asures, 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 121anted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. OC#9: Sufficient buffer as indicated the mine map dated October 15,1998 shall be maintained between any excavation and any mining permit boundar ryto protect adjacent property. OC#10A 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. OC#11 An annual reclamation report shalt be submitted on a form supplied by the Department by February 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#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. 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: Install erosion control measures indicated on proposed plan: Sediment Basins. Mark tl?e mining limits clearly and visible. Required buffer between the mining limits and the and the excavation shall remain undisturbed. 17. Other recommendations and comments: Stilling basin should be installed where suitable soils exist(not in claysoils oils) 18. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed 19. Follow-up inspection needed? ® Yes ❑ No Proposed date 5-7-2010 .- 20. No. of additional pages of Inspection Report 0. 21. CoPy of Report sent to operator 3-16-2010 INSPECTED BY.F Nicholas Mills DATE 3-16-2010 Telephone No: 910-796-7230 Copy to file opy to operator Copy to Mining Specialist North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME Old Shallotte Mine 2. MINING PERMIT#! 10-63 3. OPERATOR I Wayne Smith 4. COUNTY FBrunswick 5. ADDRESS 1 20 Thomasboro Road Calabash,NC 28467 6. PERMIT EXPIRATION DATE 1-13-2013 7. RIVER BASIN Lumber 8. Person(s) contacted at site No one on site 9. Was mine operating at time of inspection? Yes ❑ No 10. Pictures? ❑ Yes ❑No 11. Date last inspected: 2-16-05 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,_ri_rap pits, or ditcheds shall be rovided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any take, wetland or natural watercourse in proximity to the affected land. OC#S All affected area boundaries (49.01 acres) shall be permanently marked at the site on 100 foot intervals unless the line of sight allows for larger spacing intervals. OC#6 The an le for graded slopes and fills shall be no greater than the angle which can be retained by 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 pjanted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ®No If no, explain: RC#2C: Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. 15. Did any of the above deficiencies result in offsite damage? ❑ Yes ® No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: 18. Is the Annual Reclamation Report+1- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed 19. Follow-up inspection needed? ®Yes ❑No Proposed date 8-7-2010 20. No. of additional pages of Inspection Report 0. 21. Copy of Report sent to operator 3-25-2010 Nicholas Mills 3-16-2010 INSPECTED BY: DATE Telephone No: 910-796-7230 �— Copy to file opy to operator opy to Mining Specialist FA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons,P.G., P.E. Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary December 15, 2008 Certified Mail Return Receipt Requested 7006 2760 0001 9284 0752 Ms. Kristen Smith Wayne's Backhoe Service Inc. 20 Thomasboro Road SW Calabash, North Carolina 28467-2806 RE: Holden Beach Sand Pit#2 — Mining Permit No. 10-62 Old Shallotte Mine - Mining Permit No. 10-63 ` Brunswick County Lumber River Basin Dear Ms. Smith: This office received from your company Check Nos. and in the amount of $750.00 each for permit renewal fee. The_Mining_Program._does not_charge yearly mine_fees. Fees are only charged for applications for new permits, modifications to existing permits, permit renewals, transfer of permits and minor modifications such as corporate name changes. A renewal of a mining permit cannot be submitted until two years prior to the expiration of the permit. I am therefore, returning Check Nos. 11795 and 11796 for your disposal. Please contact me at (919) 733-4574 if you have any questions. Sincerely, Judith A. Wehner Assistant State Mining Specialist .Land Quality Section) Enclosure: Check Nos. 11795 and 11796 cc: Mr. Dan Sams, PE MTN c-ar,ir-n Pn1si-.h, Nr-rtk ^^rr,;na ?7gag_1612 - 919-733-4574 I FAX: 919-733-2876 An cquas Opporiuni(y i Ar naive„cuon cmpioyer-50 o necycied t iu Xb Fos[consurner r1aper �... . . ! A- 7- o A NCDENR ?forth Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easlev. Governor Director and State Geologist William G. Ross Jr.,Secretary January 21 , 2003 Mr. Wayne Smith Wayne's Backhoe Service, Inc. 20 Thomasboro Road Calabash, North Carolina 28467 Re: Old Shallotte Mine Brunswick County Cape Fear River Basin Dear Mr. Smith: The application for a mining permit for the above referenced mine site 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 application, I am enclosing the mining permit. The conditions of Mining Permit No. 10-63 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 January 13, 2013. G.S. 74-65 states that the issuance of a mining permit dom not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage at this site is 89.91 acres and the amount of land you are approved to disturb is 26.34 acres. Please review the permit and notify this office at (919) 733-4574 of any objection or questions concerning the terms of the permit. Since iy, Since E. tvs, P.E., C.P.M. State Mining Specialist Land Quality Section TED/jw Enclosures cc: Mr. Dan Sams, P.E. Ms. Shannon Deaton -WRC, w/enclosures Mr. Bradley Bennett-DWQ, w/enclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 9919-733.4574/FAX: 919-733-2876 512 North Salisbury Street, Raleigh,Nonh Carolina,27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 0 7 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: Wayne's Backhoe Service, Inc. Old Shallotte Mine Brunswick County- Permit No. 10-63 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: Janua[y_13. 2013- • i Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until January 13, 2013. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 7446, et. seq.,.and to the following conditions and limitations: OPERA G 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 100 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 areas around the mine excavations shall be diverted internal to said excavations. C. No mine dewatering activities shall occur at this site. D. Mining activities shall occur as indicated on the Mine Map printed October 17, 2002 and received by the Land Quality Section on October 18, 2002. 6. All affected area boundaries (26.34 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. B. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum of 100 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unlos authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. • • Page 4 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 musi 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 $18,700.00 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. • Page 5 + APPROVED RECLAMATION PLAN The Nlining 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 N 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavations to lake areas 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 areas 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 excavations 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. i Page 6 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. Revegetation Plan: After site preparation,all disturbed land areas shall be revegetated as per the Revegetation Plan approved by Mr. J. Phillip Norris, P.E. on September 11, 2002, or as per the following: PermanQn SQgdbg 50cifjQa1ions D es Species Rom, LbstAcre 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 6mendments Lime- 2000 Ibs/acre or follow recommendations from a soil test. Fertilizer- 1000 lbs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch- All seeded areas shall be mulched using small grain straw at a rate of 2000 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. I . Page 7 4. Beclarnafion 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 131' day of January, 2003. By: Ja s D. Simons, Director Di sion of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) I. MINE NAME &/> S,y +c i url- 2. MINING PERMIT # /D- G 3. OPERATOR C.�.b� t ��,�..�t- �-��.-�f 4, COUNTY 5. ADDRESS 20,,.,•�56urta rP�/ �'� 1�6�r1, NG 6 y67 6. PERMIT EXPIRATION DATE / - f z .'70/3 7. RIVER BASIN L W 8. Person(s) contacted at site AJO 10 IOU 0 P1 s.'A 9. Was mine operating at time of inspection? ❑ Yes )Z No 10. Pictures? ❑ Yes O--No 1 L Date last inspected: -9-_l-/i _ / v3 12. Any mining since last inspection? ❑ Yes A5 No 13. Is the mine in compliance with the Operating Conditions of the Permit? �O Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes ❑ No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes No (Explain) . ❑ Not Reviewed 4 APQ /=v,e 760,Y AK,-'-V s .vuTePl AJ .2 ctl4ifA/ 4/1% '0 t� r 19. Follow-up inspection needed? ❑ Yes 'W No Proposed date I I 20. No. of additional pages of Inspection Report . 21. Copy of Report sent to operator 2 //1Iy5- �/f l (date) INSPECTED BY: DATE Z 1/6 /ar Telephone No: { S/,o 3 L - 7!i4�J White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 NOTICE OF_ISSUANCIZOF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining land owner in the app!ication for a mining permit filed by Wayne's Backhoe Service, Inc. (Wayne Smith) to conduct mining activities off SR 1316 in Brunswick County. The mining permit (no. 10-63) was issued on January 13, 2003. 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 150E-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 A. Oakley, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, N. C. 27699-1601. es D. Simons ector ivision of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on a 2� Z Susan Edwards Mining Program Secretary 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 Wayne's Backhoe Service, Inc. (Wayne Smith) to conduct mining activities off SR 1316 in Brunswick County. The mining permit (no. 10-63) was issued on January 13, 2003. 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 fled 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 150E-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 A. Oakley, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, N. C. 27699-1601. es D. Simons ector ivision of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on �� 2 0(�3 ,eras. &W�64,1' Susan Edwards Mining Program Secretary • t 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 Wayne's Backhoe Service, Inc. (Wayne Smith) to conduct mining activities off SR 1316 in Brunswick County. The mining permit (no. 10-63) was issued on January 13, 2003. 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 15013-23. 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 A. Oakley, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, N. C. 27699-1601.. es D. Simons rector ivision of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on a Z zz�-4 4/ Susan Edwards Mining Program Secretary • Date ZOD j MEMORANDUM TO: File FROM: Susan Edward SUBJECT: Notice of Issuance of Mining Permit , vr� A,4124� A" 04 00 A cPt�ea ac a Not' a of Issuance of Mining Permit" was sent to all people listed in the Affidavit of Notification and any additional people who sent in letters. If a public hearing was held, a copy of the "Notice of Issuance of Mining Permit" was sent to all people who signed the sign in sheet at the public nearing. My initials, written in red, will be beside the names of the people in the file who were sent this "Notice". cc: Regional Engineer 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 Wayne's Backhoe Service, Inc. (Wayne Smith) to conduct mining activities off SR 1316 in Brunswick County. The mining permit (no. 10-63) was issued on January 13, 2003. 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 sixty (6Q) 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 150E-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 A. Oakley, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, N. C. 27699-1601. fflA f W"" if--4 zf' , es-D. Simons ector ivision of Land Resources North Carolina Department of Environment and Natural Resou rces This notice was mailed on a�� 2-003 Susan Edwards Mining Program Secretary LICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, Wayne Smith_ , an applicant, or an agent, or employee of an applicant, for a new Mining mit,or a modification of an existing Mining Permit to add land to the permitted area,from the N.C. Department F,nvironment and Natural Resources, being first duly sworn, do hereby attest that the following are all known fners of record, both public and private, of all tracts of land that are adjoining the Hwang permit boundary icluding, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, 1 owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and iat notice of the pending application has been caused to be mailed, by certified or registered mail, to said owners Of record at their addresses shown below, such nptice ben given on a form provided by the Department: (Adjoining Landowner Name) ���/ A (Address) David Owens _ (A 5250 Old Shaliotte Rd. Shallotte, NC 28470 Mintz Limited P.O. Box 264 Shaliotte, NC 28459 Camell Pigott P.O. Box 264 Shallotte, NC 28459 SEE ATTACHED LIST (A ach additional list if necessary) I do also attest that the following individ is the chief administrative officer of the county or municipality in which any part of the permitted area is locate and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said o ce at the following address: (Chief Administrative Officer Name) (Address) [City Manager, County Manager, Mayor, etc.) MaV Lawing, County Manager 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 all known owners of record, both public and private, of all tracts of land that are adjohu'ng the mining permit boundary(including,where an adjo 'ng tract is owned or leased by the applicant or is owned lessor of the mine tract, all owners of record of trac uvadjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer o the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 5B .0004(d). I understand that is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. II)a W,a-S... A 9- /-.?- Signature of Applicant Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: e of applicant)\ � gt's &Wn" t)*u i Ct1K (title of person executing Affidavit) I, ---- �a Notary Public of the County of , State + of North Carolina, do hereby certify that W i ia-- appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. =4��and notari seal, this day of �r:�r 20Q�- Not My Commission expires: g 10• •r1 yJ 7 r � � �,, `� , . . + i , . .�. , � ' � � , i i . . i X MINING CHECKLIST FOR ROUTING is Applicant a Name: b Project Name: ' ApplicJPermit No.: County: Date Received: Reviewer: River basin Name: ew ❑ Renewal ❑ Modification (inside permit boundaries) fi } ❑Modification (outside permit boundaries) ❑Transfer ❑ Release ❑ Partial Release ;LAfditional Information 0 Fee Needed: $ s ❑ Fee Received: $ ' w; W, r Regional Office (2 complete copies; attach the IQ5 regional 'Office Mining App ication Review Checklist"to one copy and attach hoth the DWQ and OAQ "Mining Application Review Form"to the other copy; Send both co ies to the regional Engineer) Date: Routed — ec'd ❑ Division of Water Resources Date: Routed e 'd s r 0 NC Wildlife Resources Commission Date: Routed Rec'd -' ❑ U5 Fish & Wildlife 5ervice Date: Routed Rec'd a� (Only new applications and modification requests that add land to the permit) Ali t. Piea58 route first 3 nacres (2f thaad�_ nrr� bony ��rc n ma�5 to: t.. ❑ Division of Parks & Recreation Date. Routed Rec'd ❑ NC Geological 5urvey Section Date: Routed Rec'd s (Only new applications and modification requests that add land to the permit) „In ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) a; ❑Other: Date: Routed Rec'd ' : Su5pen5e Date for Comments: (no later than 25 days . from receipt) n. .0'F'lcase note the following: `, 6.. -. •c '' - ' - ;, � •, h.«,�,r4 .w .,�•rf.}:}'�� ��_; � s�.r..'_!,{Ss+.,.C��:l:}'.f:�:..�: �{_.Al`.l.:�a .ai.;:.nwf_3r�ui._.i:.%t.i4.is�..., ANDREW & KUSKE li John R. Andrew,&. John S. Tunstall, P.E. J.A. Kuske, P.E. Neal W.Andrew, P.E. CONSULTING ENGINEERS, INC. J. Phillip Norris, P.E. John A. Kuske, ill, P.E. James T. Pyrtle, P.E. C. Lawrence Sneeden, Jr., P.E. 902 Market Street•Wilmington, NC 28401-4733 e Phone(910)343-9653.Fax(910) ' t www.andrewandkuske.com*office@andrewandkuske.com NOV 2 5 2002 LETTER OF TRANSMITTAL BY: To: Judy Wehner Date: November 22, 2002 11 Job No.02224 NC DENR - Raleigh subject Old Shallotte Road Mine Mining Permit WE ARE SENDING YOU VIA MAIL FAX TRANSMITTAL: NUMBER OF PAGES ® ATTACHED ❑ UNDER SEPARATE COVER INCLUDING THIS TRANSMITTAL ❑ SHOP DRAWINGS ❑ PRINTS ❑ TRACINGS ❑ SPECIFICATIONS ❑ DISKS ❑ COPY OF LETTER Call 910_343_9653 if you have any difficulty ❑ 11 receiving this message. COPIES DATE NO. DESCRIPTION 1 Page 17 of Mining Permit Application ❑ AS REQUESTED ❑ FOR REVIEW AND COMMENT ❑ FOR APPROVAL ❑ FOR YOUR USE ❑ FOR BIDS DUE ❑ YOUR PRINTS LOANED TO US REMARKS: Page 17 has been notarized as you requested. If there are any questions, please call. Thank you. CC: SIGNED J. Phillip Norris, P. E.,1 asn CONFIDENTIAL AND PRIVILEGED: Information contained in this document is privileged and confidential, intended for the sole use of the addressee. If you are not the addressee or the person responsible for delivering it to the addressee you are hereby notified that any dissemination, distribution or copying of this document is strictly prohibited. If you have received this document in error please Immediately notify the sender and return to the address above. - i - f .. 1 ' _ � r . 1 .. �! • l , APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 1, Wame Smith ,_. an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mixing Permit to add land to the permitted area,from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including,where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed,by certified or registered mail,to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) David Owens 5250 Old Shalla a Rd. Shallotte NC 28470 ✓Mintz Lied P.O. Box 264 Shallotte NC 28459 Camell Pigott P.O. Box 264 S allotte NC 28459 SEE ATTACHED LIST (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail,to said office at the following address: (Chief Administrative Officer Name) . (Address) [City Manager, County Manager,Mayor, etc.] •✓ Marty Lawing, County Manager P.O. Box 249 Bolivia C 28422 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record,both public and private,of all tracts of land that are adjo' the gpp boundary(including,where an adjo tract is owned or leased by the applicant or is owned lessor of themimine tract,all owners of record of tracts adjoining these tracts,that are within 1,040 feet of the mining permit boundary)and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Signature of Applicant Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) (title of person executing Affidavit) I, LL. 1). +g r o w 5 K,' a Notary Public of the County of 7t-eco J4gnooev, State Dof Q�l olina, do hereby certify that W A- k :•'�<;,�' vre me this day and er oath acknowledged that the above Affidavit was made by hhn/her. 4 %pQ'f A ss r ial seal,this day of -e< 20Q7. V 19 A My Commission expires: Q3 -U2-a '•.. �VtR C00 -17- EA _NCDENR , . North Caraflna:Department of EnVi hm'en'and N'tu''4 Resources Dtvislon of Land Resources L }]'.1 _L , 5..1 + �at7d-QuFvlltiy S�VttOnY F ( 5 1K James D, Simgns; F.G , P;E _ c ;r"? :`a,; { ,;j! , ';, ,' E; Micftael F. Easley, Governor cfing Director and State Geologlstr t'=. :� 6' ;, l aeptemlier 17; 20 l :; `; ;� William C=. boss Jr., Secrelary MEMORAND1JM3F1' : s L 77 n •� .ac E.., f TO Habtfat Consetvat>cin.Pt'ograni Coordiriatat M: ,��� _ �. Wildlife Re'sources'Coriiinission h �. FROM: Susan B. EdwardsiP' Mining Program Secretary Land Quality Section . SUBJECT: Mining Permit Application Request for Mr. Wayne Smith Old Shallotte Mine Brunswick County Please find attached for your review a copy of the mining permit application re(piest for the above referenced project. i. Please review this information and advise as to the probability of this operas inn having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please reslxnn,.1 by October 8, 2002 so that we may complete our review of this request within our sialuiory time limits. As is the'case in our review ofall'mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and fireshwatur fisheries would be greatly appreciated. If your staff wishes to perform a site inspect ion, it is recommended that they contact the person submitting this request to set up a convenient €late and time. Also, please'send a copy of your comments to the person noted=in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WCT1-1f YOUR Rr?.Nw,1v COMMENTS 'rO THIS OFFICE. Your continued cooperation in the review of these type requests is greatly aphrcclated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /S 13 17- AtLachnienis cc: Mr. Dan Sams _ L.vC (.Gt^E'.r�ff/7 r' 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: 919-7313-2876 512 North Salisbury Street, Raleigh, North Carolina,2*4 An Eoual O000rtuhity 1 Affirmalive Action Emolover—50%Recycled 110%Posi consumer Paeer t Alf 7 WIFA • ALI- ._ 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 Acting Director and State Geologist November 19, 2002 William G. Ross Jr., Secretary Certified_Mai l Return Receipt Requested Mr. Wayne Smith Wayne's Backhoe Service, Inc. 20 Thomasboro Road Calabash, North Carolina 28467 RE: Old Shallotte Mine Brunswick County Cape Fear River Basin Dear Mr. Smith: We have reviewed the application and additional information you submitted for the above referenced mine site. However, the following information is needed to continue processing your application: Please provide a properly completed Affidavit of Notification form. This form must be notarized. I have enclosed the affidavit submitted with the mining permit notification. The reclamation bond calculation worksheet submitted with the application has been verified. The reclamation bond for this site would be $18,700.00. The new bond will be required prior to approval of this request. For your convenience, I have enclosed a bond form, an assignment of a savings account form and irrevocable standby letter of credit form for your use in securing the required bond. The name on the security must be the same as the name appearing on the application for a mining permit, i.e., Wayne Smith. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina,27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper ID LLca N m N 6.4 m L r/ Cf>.�a R.. p E O nub 'cr_ C $'m v m a a)-Fe. 86E tC0 n q ° - o aR non ea } q) U �� �C m 'nCO 0 Y + p Ny .0 -00U O �c N E: 3 m c 3`a �E)F a i(a .��p C v t7 �'a: o E E 0 t �� N ' y N C Wm map... os0 '04 p� L U >Z;m N}`-0 m LY U m vl N G1 C m rn 0 ltl nm p m UJ Er E6-C& -0m CAN umi x u 0-! 4.u�. m ,= UdX m 10 r o o 03 �a�¢vj mom �ca 'w° i E p _m d .C'mc� �' ^�u .3•d sweS ueQ -JW :oo H -0 ¢ m�p N m N m b 'd y m a } '`� n a c a WO ram a`+ m seinsolOU3 m Y o ° r�m�8 m N "tea = a uo!loeS Al!lenb pue U WQCI 9` E .N L) m€-_ ca c 0 m } JadS 6u!utW elelS luelslssy y 41 C o m 4 o�m m �N m m aC y JOULIOM V LIl!p isc a a cc Z)a c=nn cF`a'a mvmim E y z g �— a C 0 C m m Z— Z-IL �i C m N" Q t0 - w N 'G T io m m m'—W 4� pE a � z m » 0-00 nm z ac 19mp o oyd d U zaLL�[C m U- -Z 0.G O G O G G a p p a m Iejeouis -suo!lsenb Aue anetl nog(It VS ,C£L (6 1�6) le aw loeluoo aseeld ,jauoos uo!leo!ldde inoA 6u!ss000id elaldwoo of sn d1eq Il!m asuodsai ldwold inoA elq!ssod se woos se jallel s!tll Aq palsenbei uotleuuolu! leuo!3!ppe aul ep!nad of not e6ein0oue em 'esuodsaa anoA jol 11w!l swtl wnwixew 943 selto luewalels 6ulpsoeid atll Onotll •poped Aep 09 L etll to pue atll le sag s,luawlJsdeQ aql u! Alluejjno uotlewjolu! eul uodn paseq llwied 6uiu!w atll Ausp jo luej6 of spew eq ll!m uo!s!osp a 'paluej6 lou sI awtl to uo!sueVe ue 11 peluej6 eq ew!310 uotsuelxe ue leyl lsanbei pue low aq lou ueo eutlpeep eyl AL4m Bu!lempu! Apeelo Jol0aa!Q agl of `6utl!jm u! `uo!leump 1!wgns lsnw nog( 'ew!3 leual!ppe lsenbei of tls!m pue au!lpeop s!t ljeow of efigeun eie noA 11 vo!lewiolui polsenbaa eLA to Ile 3!wgns of Jellel sltll to ld!aaaj.rnoA to slap eyl W04 sAep 091, aney not letll Pastnpe Ag9jey aie noA '£600'99 OVON V9I. Aq paa!nbei sy Z1,9L-669LZ 'Q 'N `u6!91ea JeluaQ eotnaeS I1eW Z 1.91, saoinoseH lemleN pue luawuoJInU3 to luewljedeQ saojnosa�l pUe j 10 uotsln!Q uotloaS AltlenQ puel :ssaippe buimollol aql le uotlualle Aw of puoq aul pue uoilewaolui palsanbei ayl piemiol eseeld 'uo!leo!ldde inoA 10 butssamd ayl aleldwoo of aapio ul Z aged LIl!wS 'JW APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, .Wayne Smith -, an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners.of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mitre tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) David Owens 5250 Old Shallotte Rd. Shallotte, NC 28470 Mintz Limited P.O. Box 264 Shallotte. NC 28459 Carrell Pigott P.O. Box 264 Shallotte-NC 28459 SEE ATTACHED LIST (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said office at the following address: (Chief Administrative Officer Name) (Address) [City Manager, County Manager, Mayor, etc.) Marty Lawing, County Manager 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 all known owners of record, both public and private, of all tracts of land that are adjo min g the mining p boundary(including, where an adjoiningtract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the pen-nutted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. _/.?- ' _ Signature of Applicant Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) (title of person executing Affidavit) I, a Notary Public of the County of , State of North Carolina, do hereby certify that appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my hand and notarial seal, this day of 20 Notary: My Commission expires: -17- 7.0A • 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 Acting Director and State Geologist William G. Ross Jr., Secretary October 24, 2002 Mr. Marty K. Lawing County Manager Brunswick County Administration P.O. Box 249 Bolivia, North Carolina 28422 Dear Mr. Lawing: Thank you for your letter dated October 7, 2002 in which you stated your concerns regarding the proposed Old Shallotte Mine and your desire that a public hearing be held on this project. Your concerns certainly deserve evaluation. Before a decision is made to grant or deny .the mining permit, concerns within the jurisdiction of NCGS 74-51 of The Mining Act of 1971 must be addressed. During the application review, site inspections will be made and comments will be solicited from other agencies regarding the potential impacts to wildlife, air and water quality and groundwater. Please note, however, because of the site's geology and history, the limited resources of our staff and lack of dewatering activity at the proposed site, the Director of the Division of Land Resources has decided not to hold a public hearing for the proposed operation. Again, thank you for your letter. Your comments will be incorporated into our review. If you have any additional questions, please contact me at (919)733-3833. Sincerely, Judith A. Wehner Assistant State Mining Specialist Land Quality cc: Mr. Dan Sams, P.E. wl copy of Mr. Lawing's October 7, 2002 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer--50%Recycled 110%Post Consumer Paper ti CENED 1 BRUNSWICK COUNTY ADMINISTRATION OCT 8 -02 OFFICE OF THE COUNTY MANAGER DIV.LAND RES. BRUNSWICK COUNTY GOVERNMENT CENTER www.brunsco.net N1ARTY K. LAWING to COUNTY MANAGER �eJ�s TELEPHONE (sIo)zsa-zaoo Tnialyinaftrunsco'net (800)442-7033 STEVE T. STONE ASSISTANT COUNTY MANAGER s c �� FAx sstone@brunsco.net (9I0)253-2022 October 7, 2002 Mr. Charles H. Gardner Land Quality Section (N" Division of Land Resources North Carolina Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Re: Wayne Smith, dba Wayne's Backhoe Service Application for a new surface mining permit Dear Mr. Gardner: The County has received notice of Mr. Smith's application to your agency for a new surface mining permit. It is my understanding of the permitting process that the County may, within thirty days, submit a written request for a public hearing on such matters. Consistent with that understanding, the Commissioners of Brunswick County hereby formally request that such a hearing be held in accordance with North Carolina General Statutes §74-51. Brunswick County land is of tremendous value and concern to the Commissioners. Geographically, Brunswick County is one large alluvial plain. The sensitivity and porosity of our soil has been a constant source of concern in the past and will continue to be so in the future. Because of this concern, our County has recently undergone extensive hydro-geologic testing to discover and analyze factors that will affect the development of our County. One of our primary concerns in the area Mr. Smith proposes to mine is the water table in that region and the proximity of that table to the surface. This has a significant impact on the placement of septic tanks and water wells in that region. The County is aware and deeply appreciative of the State's rules, which seek to protect this aspect of property. For these and other important reasons, the County of Brunswick requests that the Division conduct a public hearing on this mining operation. The County feels the issues raised by this operation are worthy of exploration and that the exchange of information provided by a public hearing would help alleviate these concerns and avoid problems that might arise in the Future. BUILDING E 45 COURTHOUSE DRIVE, NE. POST OFFICE BOX 249•BOLIVIA•NORTH CAROLINA•28422 { e '• rnav�� I` s r 4 sv. Charles H. Gardner '1 October 7, 2002 Page two If there is any way Brunswick County can be of assistance in this endeavor, please do not hesitate to call. Sincerely ours, Marty K. awing County Manager MINING CHECKLISTFOR, ROUTING Applicants Name: . Project Name:a Aa 11 044e, 4-1 � County:iyumw 14CL Date /Permit No.: Received: 10- 18- 00 Reviewer \AJ1 �k M--r River [3a9im Name: )(New El Renewal 0 Modification (inside permit boundaries) 0 Modification (outside permit boundaries) 0 Transfer 0 Release 0 Partial Release Vdditional Information 0 Fee Needed: 0 Fee Received: 1i PIN op larlelIGAVOU 12aCU-3C to: X1Regional Ofte (2 complete copico-, attach the "LQ5 Regional Office Mining 4plication Review CheckliW to one copy and attach both the PWQ and PAQ "Mining Application Review Form"to the other copy; roend both copies to the Regional Engineer) [)ate: Rout,,-d/0-0q/MM8RCc1d 0 Division of Water Resources Date: Routed-- tReed 0 NC Wildlife Resources Commission Date: Routed Reo'd 0 U5 Fish &Wildlife Service Pate: Routed Kec,d (Only new applications and modification requests-that add land to the.pqr,nit) Please route first 3 12aiaes of the a12121icatjon and any location mkt?: 0 Division of Parks & Recreation Date: Routed Rcc,ol El NC Geological Survey Section Date: Routed Kec,d (Only new applications and modification requests that add land to the permit) 0 Division of Archives & History Date: Routed Reo'd (Only new applications) [I Other: Pate: Routed C',d "5uoperloc Pate for Comments: ( fi rici later than 25 days from receipt) lease note, the followi ::If&WL ANDREW & KUSKE . John R. Andre . John S. Tunstall, P.E. J.A. Kuske, P.E. Neal W.Andrew, P.E. CONSULTING ENGINEERS, INC. J. Phillip Norris, P.E. John A. Kuske, Ill, P.E. James T. Pyrtle, P.E. C. Lawrence Sneeden, Jr., P.E. 902 Market Street.Wilmington, NC 28401-4733 e Phone(910)343-9653•Fax(910)343-9604 www.andrewandkuske.com•office@andrewandkuske.com andrewandkuske.com LETTER OF TRANSMITTAL To: Judith Wehner Date: October 17, 2002 Job No.02224 NC DENR - Land Quality Section Subject: Old Shallotte Road Mine Raleigh, NC Brunswick County, NC WE ARE SENDING YOU VIA MAIL. FAX TRANSMITTAL: NUMBER OF PAGES ❑ ATTACHED ❑ UNDER SEPARATE COVER INCLUDING THIS TRANSMITTAL ❑ SHOP DRAWINGS ® PRINTS ❑ TRACINGS ❑ SPECIFICATIONS ❑ DISKS ❑ COPY OF LETTER Call 910-343-9653 if you have any difficulty ❑ receiving this message. COPIES. DATE NO, DESCRIPTION 2 09-05-02 C1 Mine Map FyOAQUESTED ❑ FOR REVIEW AND COMMENT ❑ FOR APPROVAL OUR USE ❑ FOR BIDS DUE ❑ YOUR PRINTS LOANED TO US REMARKS: Revised plans per your comments. If there are any other questions, please feel free to call. Thank you. CC: SIGNED J. Phillip Norris, P. E.,1 asn CONFIDENTIAL AND PRIVILEGED: Information contained in this document is privileged an ti •i d*q a sole use of the addressee. If you are not the addressee or the person responsible for delivering it to the address a you are hereby notified that any dissemination, distribution or copying of this document is strictly prohibited. If you have received this document ify the sender and return to the address above. BY: � ■ .. I I � .. • ,t . l . . •• � �� ,� �. . . AN North Carolina Department of Environment and Natural Resources Division of Water Resources Michael F. Easley, Governor Willia . Ross Jr., Secretary Memorandum � % � Q e i— To: Susan B. Edwards z402 Mining Program Secretary g Land Quality Section 0Cr I 7 700? - av���Y SECTION WAI kt, LA SlON From: Daniel L. Jones, P.G., Hydrogeologrst NC Dept. of Env. & Nat. Resources- Div. of Water Resources " - New Bern Field Office, 2503-G Neuse Blvd., New Bern, NC 28562 252-672-4620(0), 252-6179252(C), 252-672-4622(F), daniel.jones 9ncmai l.net Re: Mining Permit Application Request for Mr. Wayne Smith Old Shallotte Mine Brunswick County Date: 10/15/02 Based on the information contained in the application request for the above referenced site, I foresee no immediate or obvious adverse effects to potable groundwater supplies in the area of the Old Shallotte Mine Site. Any water withdrawal will be subject to North Carolina General Statute 143- 215.22H; Registration of Water Withdrawals and Transfers Required. Any person who withdraws in one day 100,000 gallons (70 gpm) or more of surface water or ground water in North Carolina is required to register the withdrawal with the Division of Water Resources. A Central Coastal Plain Capacity Use Area permit must be obtained from the Division of Water Resources if the withdrawal exceeds 100,000 gallons per day and occurs in Beaufort, Carteret, Craven, Duplin, Edgecombe, Greene, Jones, Lenoir, Martin, Pamlico, Pitt, Onslow, Wayne, Wilson or Washington County. If you need to contact Daniel L Jones, send correspondence to the address above, call or email using contact info. given above. If you have further questions please contact or send correspondence to the Division of Water Resources at the address or telephone numbers listed below. 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 Phone: 9 1 9-733-4064 1 FAX: 919-733-35551 Internet: www.ncwater.org An Equal Opportunity 1 Affirmative Action Employer—50% Recycled 1 10%Post Consumer Paper I f - I NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons,P.G.,P.E. Michael F. Easley, Governor Acting Director and State Geologist September 17, 2002 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson e,3EP 17 2002 Hydrogeology Group Division of Water Resources DM ON A7ERRESOURCES FROM: Susan B. Edwards4b Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application Request for Mr. Wayne Smith Old Shallotte Mine Brunswick County Please find attached for your review a copy of the mining permit 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. 74-51 (2)) or groundwater quality (G.S. 74-51(3)). Please respond by October 8, 2002 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also,please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wenner at (919) 733-4574 if you have any questions. /SBE Attachments cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street,Raleigh, North Carolina,27604 An Eoual O000rtunity 1 Affirmative Action Emnlover—50%Recvcied 110%Post consumer Paper ,x surr �• -/-YT c ��] r North Carolina Department of Cultural Resources OCT 6 2002 State Historic Preservation Office David L. S. Brook,Administrator BY: Miehuei F. Easley,Governor Division of storica eso es Lisbeth C. Evans,Secretary David J.Olson,Director Jefhcy J.Crow, Deputy Secretary October 14,2002 MEMORANDUM TO: Tracey E. Davis Land Quality Section Division of Land Resources, DENR FROM: David Brook 0"- &0&-L SUBJECT: Application for Mining Permit, Old Shallotte Mine, Brunswick County, ER 02-10970 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 listing 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. ` While we note that this project review is only for a state permit, the potential for federal permits may require further consultation with us and compliance with Section 106 of the National Historic Preservation Act. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. D13:kgc Location Mailing Address Telephone/Fax Administration 507 N. Blount St,Raleigh,NC 4617 Mail Service Center, Raleigh 27699-4617 (919)733-4763 •733-8653 Restoration 515 N. Blount St,Raleigh,NC 4613 Mail Service Center, Raleigh 27699-4613 (919)733-6547•715-4801 Survey& Planning 515 N. Blount St,Raleigh,NC 4618 Mail Service Center,Raleigh 27699-4618 (919)733-4763•715-4801 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 Acting Director and State Geologist William G. Ross Jr., Secretary October 15, 2002 Certified Mail Return ecei Requested Mr. Wayne Smith Wayne's Backhoe Service, Inc. 20 Thomasboro Road Calabash, North Carolina 28467 RE: Old Shallotte Mine Brunswick County Cape Fear River Basin Dear Mr. Smith; We have reviewed the application you submitted for the above referenced mine site. However, the following information is needed to continue processing your application: 1. In order to provide 100 foot buffers, you will have to permit the entire tract. The permit boundary must includes all the area you plan to affect (mine excavation areas and haul roads) and the undisturbed buffers. Provide the acreage for the tract. You still will only be allowed to disturb the 26.34 acres shown on the mine map. The bond is based on the affected acreage only. 2. Access to the mine excavation areas must be provided. Please revise the mine map to include access to the mine excavation areas. Access to these areas should not significantly increase the affected acreage. The reclamation bond calculation worksheet submitted with the application has been verified. The reclamation bond for this site would be $18,700.00. The new bond will be required prior to approval of this request. For your convenience, I have enclosed a bond form, an assignment of a savings account form and irrevocable standby letter of credit form for your use in securing the required bond. The name on the security must be the same as the name appearing on the application for a mining permit, i.e., Wayne Smith. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: 919-733-2876 \ 512 North Salisbury Street, Raleigh,North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper f Certified Mail Mr. Smith Page 2 Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In order to complete the processing of your application, please forward two (2) copies of the requested information and the bond to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, N. C. 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180 day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, Judith A. Wehner Assistant State Mining Specialist Land Quality Section cc: Mr. Dan Sams, P.E. Mr. J. Phillip Norris, P.E. f I _ United States Department of the Interior �^ FISH AND WILDLIFE SERVICE Raleigh Field Office n Post Office Box 9374E k + ` Raleigh.NoM Carolina 2763&M October 2, 2002 Mr. James D. Simons Acting Director and State Geologist NCDENR-Division of Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Attention: Judy Wehner Dear Mr. Simons: The U.S. Fish and Wildlife Service (Service) has reviewed the mining permit application for Mr. Wayne Smith, Old Shallotte Mine. The proposed sand mine is located adjacent to McMilly Swamp near Shallotte in Brunswick County. The project is located in the Cape Fear River basin. The proposed sand mining would excavate 24.42 acres within a 26.34,acre permitted area. Excavation would remove material up to 15 feet below the current ground level. The current land use of the site is unknown and would be reclaimed as a lake with recreational access after mining. This is the report of the Service submitted pursuant to, and in accordance with, provisions of the Fish and Wildlife Coordination Act (48'Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Endangered Species Act of,1973 (87 Stat. 884, as amended; 16 U.S.C..1531 et seq.). Based on the information provided, it appears that the project site does not contain suitable habitat for any federally-listed species known to occur in the area. We believe that the requirements of the Mining Act of 1971, as amended (NCGS 74-76 et seq. 15 NCAC 5) have been satisfied. We remind you that obligations of the Endangered Species Act must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed.or critical habitat determined that may be affected by the identified action. The Service has no objections to the issuance of a permit for the proposed mine, but suggests that proactive protective measures such as native grasses be included in the permit to enhance the reclaimed area for fish and wildlife resources. The disturbed areas should be vegetated with native, wann season grasses such as switch grass, Indian grass, little bluestem, big bluestem and gama grass rather than the proposed Bermudagrass and Lespedeza(which have been identified as invasive exotic species by the North Carolina Botanical Garden). r-�-°�,..e,s �-� 1�,' � ��� � �� �. • � The Service appreciates the opportunity to comment on the proposed permit. Please call Tracy Rice, of my staff, at (919) 856-4520, extension 12, with any questions or comments. Sincerely, -t'�OFZ Ai2e- Garland B. Pardue, Ph.D. Ecological Services Supervisor cc: Bennett Wynne,NCWRC (Kinston) Mr. Wayne Smith, 20 Thomasboro Road, Calabash, NC 28467 A'P-i FA 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 Acting Director and State Geologist September 17, 2002 William G. Ross Jr., Secretary �011 MEMORANDUM }fi, U� TO: Ms. Tracy Rice Application Review Coordinator U.S. Fish and Wildlife Service FROM: Susan B. Edwards 5� Mining Program Secretary- Land Quality Section SUBJECT: Mining Permit Application Request for Mr. Wayne Smith Old Shallotte Mine Brunswick County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by October 8, 2002 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications,renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation in the review of these type requests is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /SBE RECEIVED Attachments cc: Mr. Dan Sams SEP 19 2002 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 Q000rtunity 1 Affirmative Action Emlover—50%Recvcled 110%Post Consumer Paoer 2002 QC T DENR INING-PERMIT-APPLICAT_ IGN REVIEV11 FARM.._— _ DIVISION OF WA TF.q QUALITY Protect: OLE J k'kL � a'- �L' !.� = ;Fy �� z I° county: "Due Date for Comments Back to Land duality Section: Will the operation, as proposed, violate standards of water quality? i Comments: r I-L o L4 Watershed/Strearn Name & Classification: YES NO NPDES permit required NPDES permit existing {permit ____ Nondischarge permit required Nond'rscharge permit existing (Permit Wetlands disturbed 401 Wetland Cert. required 401 Wetland Cerz. existing (Permit Reviewed by: -- Print Name: 6 s0120Co MINING APPLICATION REVIEW CHECKLIST-,zrn-na,- --- APPLICA T IOWPERMIT NO.:IC- — ACTION• �NewModification Renewal Transfer Retease APPLICANT NAME:_ ------MINE-NAME:-/,)X- 7t'�f'COUNTY: - Administrative Issues: A. Is the site currently under NOV? Yes_ Explain:. B. . Is the site under CAMA jurisdiction? Yes J o Explain: Field issues: A. Are potential wetlands and watercourses properly indicated on the Mine.Map? CND Explain: on T .t{rxCf ,� G -;n�Jr'r .E e,d G i-" C t ma q , b ear f - B. Are the proposed buffer zones adequate? es' No Explain:I ' le- C. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated? (51 No Explain: D. Do all water supply wells within 500 feet of the mine excavation appear to be 'indicated?("Ye-I No Explain: E. Is visual screening needed? Yes Explain: F. Are the proposed sion and sedimentation control measures properly located to prevent offsite sedimentation? No Explain:G. Is the proposed revegetationlreclamation plan acceptable? es, No Expl in-- Date inspected: cl-a �- L,,;;L .' 00T 2002 Erosion and Sedimentation Control Plan Review: -- DENR It is the responsibility of the Regional Office staff to verify the adequacy of the E&S measv�es'.�'Ple�sevie any concerns or comments: Other Comments: LX S /.-(a r .L' Who was the application routed to and when?: Division of Air Quality: Date: Division of Water Quality (Water Quality Section only): Date: y- Other- Date: lnspec;or{Reviewers Name: _ - -- Date: Regionai 4ngineer's Name AILS MINING PERMIT- APPLICATION REVIEW FORM for DIVISION OF AIR QUALITY Project: L J L, County: k tGC. J **Due Date-for Comments Back to Land Quality Section: Will the operation, as proposed, violate standards of air quality? i' a• Comments: o- rk-S Aer 40 be-- kJe a So We n o S r-et Re ±L"k s 40 IO a ws P , YES NO Air permit required Air permit existing {Permit # . } Other Comments: /V 9SO-e Reviewed by: Date: Print Name: 10/2000 iJEN . J NCGS Mine Permit Application Review Checksheet Application ID 10-63 LOS Complete This Section Attach Pages 1-3 of Mine Permit Application Mine Name Old Shallott Mine Company Name' Wayne Smith i Date due LQS 1 01812 0 0 2 Permit Type: New II -New--Renewal �I�� Modification-Transfer f.. NCGS Complete This Section Commodity sand - [I Geochemistry no comment w Hazardous County Brunswick --__ II Minerals �2 7.5'Quad SHALLOTTE _ _ Subsidence !sinkholes 2. L Lot(DecDeg) �— 33.96371 Long(DecDeg) -76.4431 Slope Stability no comment i�41`Ul pC� ' 4 1� 1985 Geologic Tpyw-Waccamaw fmn. 1. Map Unit Seismic Hazard no comment U�>yR 51t) Hydrogeology „. carbonate units 3. Other Qph-Qs 2. Geologic Map " Unit Mineral other 4. Resources + Lithoiogy: unknown Flood Plain no I Deposits Comments 1. May contain fossiliferous shelly beds.2. Near contact between Penholloway and Socastee formations;USGS Map 1-1948-A.2.Aerial photograph(attch)indicates potential sinkholes in area. Comments 3. NURE groundwater data indicate basic pH-7.75 possibly from carbonate units.Near surface groundwater likely (Confd) 4.Aerial photograph(attch.)indicates nearby past mining activity. Note: Seismic hazard value is the peak horizontal acceleration with a•10%chance of,.exceedence In 50 yeare: Reference ' value is firm bedrock,actual site conditlons may vary. Source-National Seismic-Hazard Maps'Documentation,June 1996, 5 ' U.S.Geological Survey Open-File Report 96-532(http:llgidmap6.01.cr.usgs.govlseishazlpgalO.himi)., „ Record No 173i Reviewerl RMW ComplDatel 1 10/4/200211 Reviewer2 JCR ComplDate2 10/4/2002 `�,'ii; NCGS Mine Review Checksheet-Database Rev.2 11128100 f ' 4 km W of Shallotte, North Carolina,United States 01 Mar 1999 MUSGS w `view: Aerial Photo • -s' 2 meter resolution JD DODO 0 A01 Size: Large -"Dft 0 ► c r ; !t - 141.4 " .Other Imagery: eF `, Mt=Topo Map 01 Jul ,y - 1990 t HomeAdvisor Links: t3-1.3 Homes for sale in 28420 omes far sale in 28462 { # es for sale in 28469 �Humes for sale in 28470 Schools,Crime and Demographics for 28420 E2 Schools,Crime and , y- Demographics for 28462 Eg Schools,Crime and 7 Demographics for 28469 r . U Schools,Crime and Demographirs for 28470 '200yd Tmanp rniir•tpev rsf the I i-q- i",pnlnniral Crirvpv r � � • • if - �f 'fin ;�,• � ,s � «�., �t w •t �>{'1„ 'F it ,' i:, i .i� ,/ .. • + S �.r r'� r ' .♦ •.J Y III • � .. � , . I t • ,' S ;•Q, s' -5 � i._ r • - .. a MINING CHECKLIST FOR ROUTING ' Applicant's Name: Project Name: r Applic./Permit No.: County: Date Received: 01 qbY a Reviewer. I I LA River Basin Name: AM6W -Rr�cw ❑Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑Transfer ❑Release ❑ Partial Release .8Xdditional Information ❑Fee Needed: $ ❑ Fee Received: $ �. Kegio al► ce (2 complete copies; attach the "LQ5 Regional Office Mining Application Review Checklist"to one copy and attach �the DWQ and DAQ "Mining Application Review Form" to the other copy; Send both copies to the Regional Engineer) Date: Routed f0-' c'd .i ❑ Division of Water Resources Date: Routed 'd 5 ❑ NC Wildlife Resources Commission Date: Routed Rec',d ❑ U5 Fish & Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) s ❑ Division of Parks & Recreation Date: Routed Rec'd w ' ❑ NC Geological Survey Section Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd i (Only new applications) u f: ❑Others Date: Routed Rec'd a **5uspen5e Date for Comments: Al bew6 (no,later than 25 days ti from receipt). f�•Pt`ease note the following: 4A C..:�.�'k'!h..�,..:Ara s:N..:.. ..'.?.4. ' Ef..�,t �..Y,.?,hy:it.._,'i�17!da's. - �.3...:1:`t,:+i .tiva sL�.._. - c.,'�."d: _ �.F,•kr<F.-t..F_.c-.j'.i.'''_•,.Y�''-`P.-Y i•. .s..,�,....ti iv,�`:1.�:U•••r4•..:•:tizi-s'��:A..;,:.. _,..,r...:laa,....._. 10/04/2002 FRI 10,01 FA,,1 9443 9604 Andrew & Kuske Engineers • 0001/004 AN®REW & KUSKE John R. Andrew, R.E. John S. Tunstall, P.E. J.A. Kuske, P.E. Neal W.Andrew, P.E E. CONSULTING ENGINEERS, INC. J_ Phillip Norris, P.E. John A, Kuske, Ill, P.E. James T- Pyrtie, P.E. C_ Lawrence Sneeden, Jr-, P.E_ 902 Market Street•Wilmington,NC 28401-4733.Phone(910)343-9653.Fax(910) 343-•9604 www.andrewandkuske.com•office@andrewandkuske.com LETTER OF TRANSMITTAL To: Judy Wehner Date: October 4, 2002 7 Job No,02224 NC DENR- Land Quality Section subject: Old Shallotte Road Mining Permit WE=ARE SENDING YOU VIA FAX 'FAX TRANSMITTAL: NUMBER OF PAGES 0 ATTACHED ❑ UNDER SEPARATE COVER INdLUD1NG THIS TRANSMIT"r'A,L ❑ SHOP DRAWINGS ❑ PRINTS ❑ TRACINGS ❑ SPECIFICATIONS Q DISKS ❑ COPY OF LETTER Call 910-343=9653 if yOu have.'any. difficulty ❑ receiving�this message... COPIES DATE NO, DESCRIPTION Copies of U.S. Postal Service Certified Mail Receipts N AS REQUESTED ❑ FOR REVIEW AND COMMENT ❑ FOR APPROVAL ® FOR YOUR USE ❑ FOR SIDS DUE [a YOUR PRINTS LOANED TO US REMARKS: For Mining Permit application records on the above subject project. CC: SIGNED J. Phillip Norris, P_ E-,1 asn CONFIDENTIAL AND PRIVILEGED: information contained in this document is privileged and confidential, intended for the sole use of the addressee. If you are not the addressee or the person responsible for delivering It to the addressee you are hereby notified that any dissemination, distribution or copying of this document is strictly prohlblted. If you have received this document in error please Immediately notlty the sender and return to the address above. 10/04/2002 FRI 10:01 FAX 9 343 9604 Andrew & Knske Engineers 2002/004 06's't.-it Service .'CERTIFIED MAI'L - - .o • tf G F R u 4,.a k' A 1— r9 PvcL�yr 5 r— \C1G O I'u Certttietl Poo sp , i Return Aew�ipt'Fee " r 49te Q (Fndofylea am o yrimn ! Q ResIft tl Dehvry Fee 12 Tbte)Polrsga d Fees /G �1. O .u7 lL Sont To �7 StrUct aal. 0. L� ar AO&or Np N Ciey,Slsla,ZI a�-J__ p,�{S�^✓l�- A/C C 5N I ' I (�171 O 1 10/04/2002 FRI 10;02 FAN 9&343 9604 Andrew & Kuske Engineers . �003/004 I r pFill 11r r • , , I• . r - t.tl ru n .�- 4 a y r. I C ;i =•'. q. :f r-t PouIRp9 E � w~ GI 4N Post6tle W+Z 1' Fu GePJlled Fee tiC, fir` CeAillncl Fee Pe. Irk ./y7 ll 1.f „p Return Receipt Fcc '] Rex u�I Post p {Fn roreemaert RrgVitw) / % �/ Return FteCBIDI Foe r C3 %% /1. © (FjWprserrfant Reaultetl] �� +"O Q Rectrir-od D611 ety Fee 1 nR �/ 1 gpftrictBd Delirery F•e (CJedpremom Requ'eeop (+ �/ Q (ErWarsorr;"It qumed) ly Total PaMaOe a Pool 10W Poatege d roes r u Sent 7b f i _. to GZy-G. ..... �, Sell Ta � $mac Apl.Np.: , .............� �-�•-'-- . ----------------•. 0 or PO t3o r No. 9tree;Apt Ns.; �' $o -- ---- © erPPl3prNe. �Q��Ir/ ED G'ry,Srxta..7.lRrd r r. 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J Retum Reecpl Fcc _u Holum Receipt Pon I Qj (rmclomomont Roquirtld) `r� �n �� (�nuSOYBMrenl Requircd) L�� © Rntrluec Delivery Fee `O C3 Restrimd t)tt:Ivery Fao IZ (C-nclor;emmt Requ'vedl 1 ,_,� J� Z C) (6ndorsoment nequi•ed) / / Tote1 PoBto90 G Fees t L, y {� r) Total Postaga G Fee. $ lit-LeL S'Ej O ru p ' . / . $a�11 To /Sant T /!/ a smear,Apt No.: y p) r. .-ry st[et,Aor.N�; C] at FO awe Nn. x�)L, L7 or AO @ox No. 1 DL D CS F7 C7 .-------- .. Grp,iearc. i4 �! �/LyL/(rl1J•.c. hstare ZIP4 I9.We 2E '7 10/04/2002 FRI 10:03 FA1 9 343 9604 Andrew & Kuske Engineers �004/004 ru yen _ ,� 1sr m 4' r '• J i ' m �"= Idi h,. }% Yam` cam � ? � � _T.•,; .�� .� � � � IL.rt' $ G `�.: Y. �t.(•' 'c.-,. �L.. a.mr Pus6ign 5 � W a Poatnge dri� \ N Ct"Ifrod Fee N(i TQ t` Certiricc!ree 7/y� t7.t '\ nt /J,ru 4Vll�goal is ..,-p R@wrn RoCelpt rec /-' 2 �{� .fl Saturn Rocetpt Fm H (Endortlfmclrt kequi rlf 11 /�([�VT (Entlaraeniant Requlrad) f, Z Haetricled pHivcry Fee w L� a Rr iricted gBlivery Fee Q fEitdorrcment RrqulrodJ n �} t •j/ 2 (Endomement HaCuiee) Total Postage 6 Fac5 $ f (f� l" � Tbtet Postage&Fr 2O Ln rnul Scnt TO - rLi Sert[To Mal-- sncer..ani Na.: � 11a---.-_•_....-•----.. a stroeL A,or.Na.: -----•................•--•- C3 or PO rro,Na f� r� [} ar PO B"No. p _T ��T.._C,•L l.{...- 'Y a ..............•-•..b� --�J --- - ----•--•-- -�`ItY.Strra.Ll1seC /I - •-• ..............--- -- -----.. Cily,stale,ZlP+4 ... ` „........-.. FUff- r 0 ka-. F o Pastags S O Postage S w •r/�/ ru Certifpd Fee -c �� ruC4rirriBd Fee y Rehm RBOB pl Fcp P k ! P H Return © (C�da`-dm6nt Requinnd) Return ReCe1Pt Fee Yj gf� 0 (Endoraement Requf(ed) �� Q 4 RestrfUeC Delixrry PBe p a Q (>:ndorfernerttAeaWrec7( © nd r"rn nt F f O f) (t:rrtta>.emem R quVrFed) a s ,.� Total Po;ease 8 Fwe $ �„f L� Total Polftae 6 Fee4 $ (• to ru SrrK ra r !;-I lb . Q.�� le.. ' _...- ..... ••-- f-- E ---- .......�. r� 57MBt,Apt.NQ: � _____•.............. r•� ••VBet./WI.NO.: �]J,, r�-_.__.........-____._._.» .._•................... CI or PO Box NGt ��{ t 1. (� � Q or Ad Box No- g{jiq.• (� �—.• �/�Q.( .fir..S;9:a- iPia-'-•-----.....1.-------.. 1_'-- -----------------••---- L .t"�"•--'- ------ --..115�_�2_L.__...-.. 2$'- )0 Q Citysratc r. � f D � 19 ■ ■ ru rn m rya .13 .Y..' ... Jr,..�u � � ��h # •�� ��l�l. r �.,t tw„ 19 l � Po,tgp9 $ V ,..q Postage 5 r- CortMleci Fca r-U Certified Fee ( ELM/ 4 Pr tma* r _p Return Receipt Fes ,D Rensrn Aece�t Fre er q (Entloryement acquIrw) a Bra (Em(Pomment Regwred) a• Q O JP0 �D Rea eL-Dettvery Fce cu ResVitted Octrvury Fes I (Endorsemont Requirad] � (Fndor:,nment Flequlred) Z C7 C3 1 1=1 TOW Pentage a Fees L [ I 14 Total Poatega&Paco $ L,(- p LR • u) Q ru Sant h 7• - , ru I sent To n , .C.. I rime Na ---__. .. .__..............._ U L AD[. r' ( ................................. . ..------- •-- ........... ._............ 4 PQ C1nx N_ •� m I or PO Box No- CIiK .....ZIf'YI �-------....�_`.--. ._.Y:.!...... -- r ... �!( �/ A r� ^ • r u 4 u,a i t �crrC 110N REGIONAL OFFiCc MINING APPLICATION REVIEW CHECKLIST-zwmai APPLICATION PERMIT NO.:ID— ACTION New odifrcation Renewal Transfer Release APPLICANT NAME. u AMINE NAME: P COUNTY: Administrative issues: A. Is the site currently under NOV? Yes N�) Explain: B. Is the site under CAMA jurisdiction? Yes o Explain: Field Issues: A. Are potential wetlands and watercourses properly indicated on the Mine.Map? to Explain: ktAt, aA-� UKA ALA-�-�S O rt "[1�Q uLr /�O ;J�1�i r_e� e d o a dAt ma S. Are the proposed buffer zones adequate? 5 No Explain:" "de of� pro�asc -x ��r s_ C. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated? (51 No Explain: D. Do all water supply wells within 500 feet of the mine excavation appear to be indicated? a No Explain: E. Is visual screening needed? Yes OoExplain'. F. Are the proposed erosion and sedimentation control measures properly located to prevent offsite sedimentation? No Explain: G. Is the proposed revegetationlreclamation plan acceptable? - es No Explain: reasures. Date inspected: 9-a `�- 0 0 2002 Erosion and Sedimentation Control Plan Review: it is the responsibility of the Regional Office staff to verify the adequacy of the E&S4"@pr�yigo any concerns or comments: Other Comments: Who was the aoolication routed to and when?: Division of Air Quality: Date. Division of Water Quality (Water Quality Section only): Date: Other: Date: InspectarlReviewer's Name: \ Date: Regional Engineer's Name:-L �� S '�^+� Zio 2 7 2002 DPR/RRS Mining Permit Appl `--- RRS Contact: Name of project: a LA D County: _ T ► T _ activity i s not /within 5 miles of a ublic ark r recreatio are Proposed tt sty s tp p o n a. If yes, identify the park: Manager/agency name: ri (contact name): (phone; fax): (email): Review conducted by: Date: PLEASE RETURN APPLICATION MATERIALS WITH YOUR REVIEW/COMMENTS. YOU CAN ALSO EMAIL YOUR COMMENTS TO: Susan.EdwardsCr,ncmai lj1et and Nancy.Adamsf@ncmail.net THANKS! Return form and materials to: Nancy Adams DENR/Division of Parks & Recreation 1615 MSC Raleigh,NC 27699-1615 (Please Print on Yellow Paper) � ► 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 Acting Director and State Geologist. September 17, 2002 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Phillip McKnelly, Director Division of Parks and Recreation FROM: Susan B. Edwards;Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application Request for Mr. Wayne Smith Old Shallotte Mine Brunswick County Please find attached for your review a copy of the first three pages of the mining permit application and a location map for the above referenced project. Please review this information and advise as to the probability of this operation having a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area (G.S. 74-51 (5)). Please respond by October 8,2002 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on publicly owned parks, forests or recreation areas 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 RE—VIEW COMMENTS TO THIS OFFICE. Your continued cooperation in the review of these type requests is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /SBE Attachments cc: Mr. Dan Sams 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 Eaual O000rtunity 1 Affirmative Action Emolover—50%Recycled 11 o%Post Consumer Pacer NCDENR North Carolina Department of Environment and Natural Resources Division of Marine Fisheries Michael F. Easley, Governor Preston P. Pate, Jr., Director William G. Ross, Jr., Secretary MEMORANDUM U SEP 2 2042 DENR LAND ouAUTY SE GTiON TO: Tracey E. Davis State Mining Specialist Land Resources 1 Land Quality FROM: Mike Str DATE: September 20, 2002 SUBJECT: Wayne Smith 1 Old Shaliote Mine Brunswick County Attached is the Divisions' reply for the above referenced project. If you have any questions, please do not hesitate to contact me. MSlsw permitstiedadn5 pcover.ltr 3441 Arendell 5t., P.Q.Box 769, Morehead City, North Carolina 28557 Phone.252-726-7021 1 FAX:252-727-51271 Internet:www.ncdmf.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper c . AltAl NCDENR North Carolina Department of Environment and Natural Resources Division of Marine Fisheries Michael F. Easley, Governor Preston P. Pate, Jr., Director William G. Ross, Jr., Secretary MEMORANDUM TO: Fritz Rohde./ Mike Street Biologist/DMF FROM: Mike St r Habitat Pr ection Section Division of Marine Fisheries SUBJECT: Mining Permit Review APPLICANT: Wayne Smith PROJ. LOCATION: Old Shailotte Mine/ Brunswick County DUE DATE: September 20, 2002 Please indicate below your position or viewpoint on the proposed project and return this form to Habitat Protection Section, Morehead City. If you have any questions regarding the proposed project, please contact Tracy E. Davis, State Mining Specialist, Division of Land Resources 1 Land Quality Section at (919) 733-4574. REPLY: T ' gency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See Attached. This agency objects the project for reasons described in the attached cam ts. SIGNED• DATE: / ?� 3441 Arendell St., P.O. Box 769,Morehead City, North Carolina 28557 Phone:252-726-7021 1 FAX:252-727-51271 Internet:www.ncdmf.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Acting Director and State Geologist September 17, 2002 William G. Ross Jr., Secretary MEMORANDUM d TO: Mr. Mike Street, Chief Habitat Protection Section ( ,g ��� Division of Marine Fisheries G; r FROM: Susan B. Edwardsi + Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application Request for Mr. Wayne Smith Old Shallotte Mine Brunswick County Please find attached for your review a copy of the-mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and marine fisheries (G.S. 74-51 (2)). Please respond by October 8, 2002 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and marine fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, plcase send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation in the review of these type requests is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /SB E Attachments cc: Mr. Dan Sams 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 Eaual Onoortunity 1 Affirmative Action Emoloyer—50%Recycled 110%Post consumer Pager MINING CHECKLIST FOR ROUTING ;r 7 Applicant's Name: 4 Project Name: IVA& .i Applic. Permit No.. 1976 ounty: Date Received: 3 1 �f 'J Reviewer: River Basin Name: ikf ew ❑Renewal ❑ Modification (inside permit boundaries), 3#. ❑ Modification (outside permit boundaries) ❑Transfer ❑ Release A ❑ Partial Release ❑ Additional information 0 Fee Needed: 1Q,Fee Received: $nL . 0 Regional Office (2 complete copies; attach Cthereqo�—iotia `=u Office Mining pplication Review Checklist"to one copy and attach izczth _DAQ "Mining Application Review Form" to the other copy; Send both copies to nelneer) Date: Route / ec'd ,apt vision of Water Resources Date: Routed Rec'd :::r 1GC Wildlife Resources Commission Date: Routed Rec'd �S F15h &Wildlife Service Date: Routed Rec'd : (Only new applications and modification requests that ad and to the permit) " Ple �,.� Lid Vivioion of Parks & Recreation Date: Routed Rec'd 4;a _� NC Geological Survey Section Date: Routed Rec'd (Only new applications and modification requests that add land o the permit) ". ivi5ion of Archives & History Date: Routed Rec'd (Only new a piicawne) Other: T, Date: Routed p Rec'd 4 "5uopen5e Date for Comments: b uv (no later than 25'days ; h from receipt) r % ;?Kea5e note the following: ' A, 5 4�-IZ4 =+ t„ i ,- ti ,, •. s err 11.; 7 `lK-ti 1' �. '`a , p "' 'd i- t" 'M- i t �i1 - :3• 7 r.>Cr k° r � e'..�. r '"+ = i i..,�rtjE�.%f1,5_a.:��, k../.-«,:.'dti.,_�v •.::',..�_. �i�,.::-yr ?t�•.k.��:rin-:,tir�r'x��r..Ki.rs,.bb.,,_!; ,�...+1xw'C,• ia:.�1h.'s.'S. ..,+?n.. -}r��u. �s�,N; �-,.i� .iz:t:.�Ec.c,� r1.�_4I#.- ..�:GEa�':�.�'.. ,. A70A 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 Acting Director and State Geologist September 17, 2002 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Bennett Wynne -Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Susan B. Edwards Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application Request for Mr. Wayne Smith Old Shallotte Mine Brunswick County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by October 8,2002 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation in the review of these type requests is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. ISBE Attachments cc: Mr. Dan Sams 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 Eaual O000rtunity 1 Affirmative Action Emolover—50%Recycled 110%Post Consumer Paoer A 4 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 Acting Director and State Geologist September 17, 2002 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Susan B. Edwards4t'/ Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application Request for Mr. Wayne Smith Old Shallotte Mine Brunswick County Please find attached for your review a copy of the mining permit 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. 74-51 (2)) or groundwater quality (G.S. 74-51(3)). Please respond by October 8, 2002 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /SBE Attachments cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 ! FAX: 919-733-2876 512 North Salisbury Street,Raleigh, North Carolina, 27604 An Eeual O000rtunity 1 Affirmative Action Emolover—50%Recycled 110%Post Consumer Pacer • AT • .. RCDENR , 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 Acting Director and State Geologist September 17, 2002 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Phillip McKnelly, Director Division of Parks and Recreation FROM: Susan B. Edwards;Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application Request for Mr. Wayne Smith Old Shallotte Mine Brunswick County Please find attached for your review a copy of the first three pages of the mining permit application and a location map for the above referenced project. Please review this information and advise as to the probability of this operation having a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area (G.S. 74-51 (5)). Please respond by October $, 2002 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on publicly owned parks, forests or recreation areas would be greatly appreciated. if your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation in the review of these type requests is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /SBE Attachments cc: Mr. Dan Sams 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 Eaual Oaoortunity 1 Affirmative Action Emolover—50%Recvcled 110%Post Consumer Paoer -4 0?A NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D, Simons, P.G., P.E. Michael F. Easley, Governor Acting Director and State Geologist September 17, 2002 William G. Ross Jr., Secretary MEMORANDUM TO: Ms. Tracy Rice Application Review Coordinator U.S. Fish and Wildlife Service FROM: Susan B. Edwards 5� Mining Program Secretary - Land Quality Section SUBJECT: Mining Permit Application Request for Mr. Wayne Smith Old Shallotte Mine Brunswick County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by October 8 2002 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation in the review of these type requests is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /SBE Attachments cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina, 27604 An Eoual O000rtunity 1 Affirmative Action Emolover—50%Recycled 110%Post Consumer Parser A 7-'FA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons,P.G., P.E. Michael P. Easley, Govemor Acting Director and State Geologist September 17, 2002 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Mike Street, Chief Habitat Protection Section Division of Marine Fisheries FROM: Susan B. Edwards Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application Request for Mr. Wayne Smith Old Shallotte Mine Brunswick County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and marine fisheries (G.S. 74-51 (2)). Please respond by October 8, 2002 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and marine fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation in the review of these type requests is greatly appreciated. Please contact Ms. Judy Wchner at (919) 733-4574 if you have any questions. ISBE Attachments cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 ! FAX: 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina,27604 An Ecual 0000rtunity 1 Affirmative Action Emolover—50%Recvcled 110%Post Consumer Pager ;-771 RCGS,Mjrre� a .rui F.�•;:- „ e ;tta ie CIecCCslie Cam' �% ?'� ra Cac a o n e +A o 0 i Mad' n 1sTea " `• NCG omp e cty , ;EatutuO0' i tleabmm-* `~ F �.-_ems,:,-, �Y�.. _ �s;^�s' •�.�t�„. -'s'�8pe•S �iTt}r r �',' .70 ,,Lon4,(OecGeg);; t. 1965 Geafagi VgU-I 1 'Geo em i � € A Wes— lio; p '0mmenM; ' .¢ �� .Fr•.;:�'•�Xr'�:�''y`�,r:"y,�►c���r,•,ti�;y^._.....���:.�.s�i•_- .. � �.. .— — _.. .. .c„-.... _..h•t x• Revlew� :: : - - - - — CamplOatel Reviewe2.-r '+' CompiOate2 _ NCGS Mine Review Checksheet-Database Rev. 1 10/16100 ti Notification of Mining Permit Application • Subject: Notification of Mining Permit Application Date: Tuc, 17 Sep 2002 10:16:18 -0400 From: Susan Edwards<Susan.Edwards @ncmail.net> Organization: DENR- DIVISION OF LAND RESOURCES - LAND QUALITY SECTION To: "Representative Dewey L. Hill" <Deweyh@ncleg.net>, Representative David Redwine<Davidr@ncleg.net>, "Representative Thomas E. Wright" <Tomw@ncleg.net>, "Senator R. C. Soles, Jr." <Rcsoles@ncleg.net> CC: Jim Simons <Jim.Simons@ncmail.net>, Dan Sams<Dan.Sams@ncmail.net> N. C. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES TO: Brunswick County Senators and Representatives FROM: Division of Land Resources, DENR SUBJECT: Notice of Mining Permit Application DATE: September 17, 2002 In an effort to keep you informed of activities in your area, this is to inform you that an application for a new Mining Permit, or an application to expand an existing mine, in Brunswick County has been received by our office. The following notice is required to be sent by the applicant to all adjoining landowners and to the chief administrative officer of the local government. If you have any questions concerning this application, please contact Mr. James D. Simons, P.G., P.E., Acting Director and State Geologist, Division of Land Resources at 919-733-4574 or Jim.Simons(7ncmail.net. NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that Mr. Wayne Smith has applied on September 13, 2002 to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for(check one): (a) a new surface mining permit: X (b) a modification of an existing surface mining permit to add land to the permitted area: The applicant proposes to mine sand on 26.34 acres of land located 3 miles northwest of Shallotte off/near State Road 1316 (Old Shallotte Road) in Brunswick County. In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort to notify all owners of record, both public and private, of all tracts of land that arc adjoining the loft 9/17/2002 10:17 AM Notification of Mining Permit Application . • mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity, please contact the applicant at the following telephone number: (910) 579-7103. For information on the mining permit application review process, please contact the Mining Program staff at(919) 733-4574. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. Name & Address of Applicant. including Contact Person & Company Name. if applicable: Mr. Wayne Smith 20 Thomasboro Road Calabash,NC 28467 2 of 2 9/17/2002 10:l7 AM 'Ou!'00102W'L661(0)146NAdOO jaa;OOOZ slenba 4ou1 6 :aleaS ZOOZ/9 t/6 :a;ep M .Z'S£.9Z.6L0 N .Z'6b,LS.££0 :u011e00-1 311O11VHS :euieN M.00'0.9Z.8L0 M.00'0 LZ.9L0 M.00'0 9Z. LO Jn JRd txow Y� J S py un y ��i�IPUt�6 IOU LL r � 14 Ln � r.�• J '—.�� \ �. f � ' \ � 1. �—� i z r� �♦ Is .� • 1 I � "'• ter- � — —.� — � M.00'0,9Z.910 I .00'0 LZ.810 M.00'0 8Z.OLID e% Srra•+fy r+e h.nrrd d.r..r.r. Srr b.rt (or drff iVi7 _ _.__ WAYNE'S BACKHOE SERVICE INC 3161 910 579-7103 5599 WATTS RD SW OCEAN ISLE,NC 28469 Z J s8-It l wo 1 DATE � C�PAY {� i s d� TO THE 9 ORDER OF !!�S OLLARS Fj A BANK � Shdlorr.,NC 28454 FOR///i�/44 - - --- --- w 0 — = Andrew & Kuske CONSULTING ENGINEERS, INC. John R.Andrew.P.E. J, Phillip Norris,RE, 902 Market Street Wilmington,NC 28401 4733 John S.Tunstall,RE. Neal W,Andrew,P.E. John A. Kuske,III,P.E. J.A.Kuske,P.E. of Counsel 910/343-9653 910/343-9604 Fax www.andrewandkuske.com James T. Pyrtle,P.E. C. Lawrence Sneeden,Jr.,RE, September 12, 2002 Mr. Tracy Davis, Mining Specialist NC DENR / Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Re: State Mining Permit Application Submittal Old Shallotte Mine Brunswick County, NC A & K Project No. 02224 Dear Mr. Davis: Enclosed are six (6) copies of the completed application, six (6) copies of location maps, mine maps and reclamation maps, and a $500.00 check for the processing fee. Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, ANDREW & KUSKE CONSULT NGINEERS, IN . JJ llip rris, P.E. n SAP 3 2002 02224 09-12-02-state-mining-ttr pENR LAND OUAUTY SECTION Enclosures ' cc: Wayne Smith •` A&K #02224 NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environment And Natural Resources Division of Land Resources Land Quality Section D LLAN[)o 3 2002 1612 Mail Service Cente ,L"a sE Raleigh, North Carolina 27699-1612 (919)�733-4574 Revised 10/2000 NOTE: It is recommended that you contact the appropriate Regional Office (see Regional Office listing in the back of this booklet) or the Raleigh Central Office for a PRE-APPLICATION MEETING To discuss your intentions and address any questions MINING PERMIT APPLICATION REVIEW PROCESS FLOWCHART BEGINNING OF PROCESS Application received by Land Quality Section/ State Mining Specialist Applicant issues Public Notice Application assigned to Assistant State Mining Specialist Assistant State Mining Specialist/Program Secretary routes application for review and comment - U.S. Fish & Wildlife Service -Land Quality Section Regional Office - N. C. Geological Survey - Wildlife Resources Commission - Division of Water Resources _ Division of Air Quality - Division of Archives & History - Division of Parks & Recreation - Division of Water Quality - Others as appropriate ..................................... * Review Public Comments; All application review comments forwarded to ; Public Hearing Possible Assistant State Mining Specialist ..................................... Is application complete? If"NO", Assistant State Mining If"YES", Assistant State Mining Specialist drafts a letter requesting Specialist drafts the proposed additional information from applicant permit action Additional information from applicant received and routed to/reviewed by Assistant State Mining Specialist and Land Quality Section Regional Office (go to*1 Application & proposed permit action reviewed by State Mining Specialist Is application & proposed permit action complete/acceptable?? If"Yes", the following permit actions are issued by the State Mining Specialist: if"No", application & proposed - Draft Permits permit action returned to Assistant - Permit Transfers/Name Changes State Mining Specialist for revision - Bond Substitutions - Permit Releases (go to FEND OF PROCESS For other permit actions, if"Yes", application & proposed permit action forwarded to and reviewed by Land Quality Section Chief Is application & proposed permit action complete/acceptable?? If"NO", application & proposed permit If"YES", application & proposed action returned to State Mining Specialist/ permit action forwarded to and Assistant State Mining Specialist for revision reviewed by Division Director (go to �c} Is application & proposed permit action complete/acceptable?? L - If"YES", the proposed permit action is If"NO", application & proposed permit issued by the Division Director action returned to Section Chief/State Mining Specialist for revision (go to END OF PROCESS a. A&K No. 02224 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION C C APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) SEP 1 3 200 1. Name of Mine Old Shallotte Mine _County Brunsw °E�� River Basin CT ape Fear Latitude(dd.mm.ss) 781,26' 31" Longitude(dd.mm.ss) 330 57'47" 2. Name of Applicant* Wayne Smith 3. Permanent address for receipt of official mail** 20 Thomasboro Road Calabash, NC 28467 Telephone 910 579-7103 4. Mine Office Address 20 Thomasboro Road Calabash NC 28467 Telephone (910) 579-7103 S. Mine Manager Wayne Smith We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature s/'()i Date Print Name Wayne Smith Title Owner * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond securit 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 rant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. -1- APPLICATION FOR A MINING PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to your mining operationlor 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,she_to be covered by the permit (this is the acreage that the 'new permit" fee will be based upon):f 26.341 n n Of this acreage, how much is owned and how much is leased? Acres owned: i26r34 I Acres leased: 0 Property owner if leased: NIA 1� b. If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total(overall) acreage covered Sy the existing permit: Miningg Permit No.: NIA Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): NIA 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.: NIA Total permitted acreage: NIA Does the modification involve acreage within the previously approved permitted boundary? Yes No X. If yes, indicate the acreage to be covered by this modification(this is the acreage that the "major modification" fee will be based upon): NIA Does the modification involve acreage outside the previously approved permitted boundary? Yes No X . If yes, indicate the additional acreage to be covered by this modification: NIA (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 NIA 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): NIA d. If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total(overall) acreage covered y Me existing permit: Mining Permit No.: NIA Total permitted acreage: NIA ■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand 3. Mining method: Hydraulic Dredge Front-end Loader&Truck Shovel& Truck X Dragline & Truck Self-loading Scraper Other(explain) -2- APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) 5 Depth is relative to what benchmark?(e.g.;natural ground level, mean sea level, road elevation, etc.) Existing Grade - b. Expected average depth of mine (feet)A"2"I W " 5. Has any area(s) at this site been mined in the past? Yes No X If yes, when and by whom was this activity conducted? NIA 6. Number of years for which the permit is requested (10 years maximum): 10 years B. MAPS 1. Clearly mark and label the location of your mining operation on six 6 copies of a 7.5 minute quadrangle and a county highway map. These maps,in addition to six(6) copies of all mine maps and reclamation maps, must be submitted with each permit application. - 7.5 minute quadrangles may be obtained from: N.C. Geological Survey NCDENR 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 715-9718 - County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919) 733-7600 -3- APPLICATION FOR A MINING PERMIT 2. Mine ma s must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding(approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights-of-way. b. Existing or proposed pern t boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. gg Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants(processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on-site haul roads. 1. Location of planned and existing on-site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjonung these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. p. Names of owners of record, both public and private,of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway; creek, stream, river, or other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-99 Acres 1 inch= 50 feet 100-499 Acres I inch= 100 feet 500+Acres 1 inch= 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- � � ��., i . . , . i � • APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine ma that clearly lists the approximate acreage of tailings/scdiment ponds, stockpiles, wastepiles, processing are%ui roads, mine excavation and any other major aspect of the musing operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds Stockpiles Wastepiles Processing Area/Haul Roads Mine Excavation Other NOTE: IN ADDITION TO THE ABOVE,THE MAPS MUST ALSO INCLUDE ANY SITE-SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FOW. THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. Mine borrow area will be cleared and grubbed. Mining will begin at the west end of the mine area and progress to the east. Area will be reclaimed when mining operations are finished. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and d mining to prevent offsite sedimentation (include specific plans for sediment and erosion contror mine excavation(s), waste piles, access/mine roads and process areas),and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. The entire mine site will be surrounded by an existing vegetated buffer to act as a filter for any surface sediment movement. Since the mine is a pit, movement of sediment from the pit will be negligible. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes No X . If yes, briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes No X . If yes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). -6- APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Y.esnX No . If yes, do you intend to dewater the excavation(s)? Yes If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated Withdrawal rate in gallons per day: NIA Locate all existing wells on the mine maps) that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. No wells are located within0500-feet of the proposed pit. No impact on any wells is anticipate due to distance to wells and deptli'of excavation. This area is served by the Brunswick County water system. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non-discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 100,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. No permit has been applied for. No dewatering will occur. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes No X If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? Due to sandy nature of soils, dust is not anticipated to be a problem. Also, buffer distances to inhabited areas are extensive. -7- � i 1 s i f ., � 1 • ' APPLICATION FOR A MINING PERMIT 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). A minimum buffer of 1100 fe will be maintained. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). A minimum 100 footbuffer uffer will be maintained between the mine and wetlands/watercourses. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or adjacent for clayey material and minimum 3 horizontal to I vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. Side slope excavations will not exceed 2 to 1. Wide enough buffers exist between the mine and adjacent property lines to ensure no violation of boundaries. -g- ! ! APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine map(s)for all fill slopes(berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of an benches and/or slope drains (with supporting design information) if needed and the method of final stabilization. A side slope of 2 to I or flatter will be maintained. c. In excavation(s)of unconsolidated (non-rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross-sections,for all cut slopes must be provided on the mine map(s). NIA d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross-sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. NIA 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feel of any proposed excavation. The mining operation is located at a sufficient distance from any existing neighboring structures, etc.to disallow any physical hazard to them. No blasting or vibratory equipment is to be used. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detaillcross-section and location of each type of barricade to be used must be indicated on the mine map(s). A cable gate is located at the access road. This is approximately 600 feet from the mine area. -9- APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes No X How will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans(including a schedule of implementation) for screening the operation from public view such as maintaining 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 spacing, sizes and species for tree plantings. The mine is located approximately 500 feet from any public road and is naturally screened by woods. b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? There are no publicly owned parks, forest or recreation areas in the vicinity of the proposed mine. 11. Will explosives be used? Yes No X . If yes, specify the types ofexplosive(s)and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program(such as a third- party blasting study). Locate the nearest offsite occupied structures) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes No X If yes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the locations) of all storage facilities on the mine map(s). _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 sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross-sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent channels must be indicated on the reclamation map. The area will be reclaimed as a recreation area with road access. Pit banks will be grassed and allowed to revegetate with naturally occurring tree and shrub species. Haul roads will remain for access to the area for future development purposes. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes X No If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-section(s) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes X No If yes, specify species. Bream, bass and catfish 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end-to-end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. NIA -11- • i APPLICATION FOR A MINING PERMIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on-site mine waste areas, including specifications for benching and sloping. Final cross-sections and locations for such areas must be provided on the reclamation map. No significant amounts of overburden, etc. are anticipated. 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. No stockpiles are anticipated. Material will be excavated as needed and hauled away. Haul roads will remain for access to the area. b. Will any on-site roadways be left as part of the reclamation? Yes X No . If yes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization. Due to sandy nature of the soils, no side ditches are anticipated. 6. Describe the method of control of contaminants and disposal of scrap metal,junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971). No off-site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management(DWM) or local governing body. If a disposal permit has been issued by DWNI for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with a list of items to be disposed in said areas. No significant amounts of waste products are anticipated for this operation. Any wastes generated will be disposed of off-site in accordance with local, state and federal regulations. -12- APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, time and mulch per acre. The recommendations must include general seeding instructions for permanent revegetation and, if necessary, temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f N.C. Erosion and Sedimentation Control Planning and Design Manual; gg N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): FERTILIZER- ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding Dates: Seeding Rates: Pensacola Bahragrain 50 lb./acre Sericea Lespedeza 30 lb./acre Common Bermudagrass 10 lb./acre German Millet 10 Ib./acre MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: Apply 2 tons per acre of grain straw, anchor by tacking with emulsified asphalt, roving, netting or crimping. OTHER VEGETATIVE COVERS-TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shr���rate � After vegetative cover is established, area will be allowed to ret�1*n&p�#j°" dition by natural reforestation. IS�Pd,�, ; Revegetation for stati pr e - S E A L Signature ate< z 1 96 Print Name J Philli Norris % ti•'•F� •• Title Profes onal lingineer H/LE I P Agency Andre Kuske Consulting_Engineers, Inc. -13- � , . ' •� • 4 1 1 I i � � i a • • APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond(based upon a range of$500 to $5,000 per affected acre)for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert theapproximate acrea a or each aspect ot the mining operation, that you intend to a ect during the life of this nunin-z permit in addition lease insert the qppL o Hate reclamation cosdacre or each cate o from the Schedule o Reclamation Costs provided Wth this aDDlication form OR you can defer to the Department to_calculate,your bond for you based von your ma s and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST TaUings/Sediment Ponds: 0 Ac. X $ 500 /Ac. _ $ 0 Stockpiles: 0 Ac. X $ 1,800 � ./Ac. _ $ 0 Wastepites: 0 Ac. X $ 2,000 /Ac. _ $ 0 Processing Area/Haul Roads: 1.92 Ac. X $ _1,800 /Ac. _ $ 3 456,00 ✓ Mine Excavation: 24.42 Ac. X $ 500 /Ac. _ $ 12,210.00 ✓ Other: 0 Ac. X $ 0 /Ac. _ $ 0 TOTAL AFFECTED AC.: 26.34 Ac. (TOTAL PERMITTED AC.: . 4 Ac.) 18q ( 1 Temporga &Permanent Sedimentation& Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 26.34 Ac. b) Positive Drainage 0 Ac. X $1,500.00 = $ 0 SUBTOTAL COST: $ 0 15. ��PrOLD Inflation Factor- 0.02 X SUBTOTAL COST: $ 15,666.00 X Permit Life (1 to 10 years): 10 INFLATION COST: $ 3,133.00 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 18,799.00 f?z 7 a , �D Total Reclamation Bond Cost: $ 18 700.00 d (round-down to the nearest $100.00) -14- 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: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and is contiguous to any highway; creek, stream, river, or other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining p rmit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. NOTE: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bl). ■ SEE THE NEXT TWO PAGES FOR THE' "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -15- • • NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971,Notice is hereby given that Wayne Smith has applied on September 9, 2002 _ (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): (a) a new surface mining permit (b) a modification of an existing surface mining permit to add land to the permitted area❑ The applicant proposes to mine Sand on 26.34 acres located 3 (Mineral, Ore) (Number) (Miles) northwest of Shallotte off/near road SR 1316 Old Shallotte Road (Direction) (Nearest Town) (Number/Name) in Brunswick County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort to not ify+ all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; �f an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality In which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials are on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity, lease contact the aniplicant at the followina tele hone number. . For intbrmation on the mining permit application review process, please contact e Mining Program staff at 733-4574. Please note that the Department will consider M relevant written comments/documentation within the provisions of the Mining Act of 197.1_throughout the application review process until a final decision is made-on the application. Marty Lawing, County Manager Wayne Smith PO Box 249, Bolivia, NC 28422 _ WMMe's Backhoe Service (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) September 9. 2002 20 Thomasboro Road Calabash, NC 28467 (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record) -16- s . ,� � t• . . . � �� ' � s • • y . • 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:* &2aSte. Print Name: Wayne Smith _ Print Name: Wayne Smith Address: 20 Thomasboro Rd. Title: Owner Calabash, NC 28467 Company: Wayne's Backhoe Service_ Telephone: (910) 579-7103 Mine Name: Old Shallotte Road Mine *Signature must be the same as the individual who signed Page 1 of this application. Six b co ies of the com leted application, six 6 copies of all location maips, mine mans and reclamation maps,and the appropriate processing fee(see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. Inqquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. -18- MUgNG A nonrefundable permit application processing fee when filing for a new mining permit,a major permit modification or a renewal permit is required as follows: TYPE ACRES NEW MAJOR PERMIT MODIFICATION RENEWAL Clay 1 but less than 25 $500 $250 $250 25 but less than 50 1000 500 500 50 or more 1500 500 500 Sand&Gravel, I but less than 5 150 100 100 Gemstone,and Borrow Pits 5 but less than 25 250 100 100 25 but less than 50 500 250 500 50 or more 1000 500 500 Quarry,Industrial Minerals, 1 but less than 10 250 100 100 Dimension Stone 10 but less than 25 1000 250 500 25 but less than 50 1500 500 500 50 or more 2500 500 500 Peat&Phosphate 1 or more 2500 500 500 Gold(Heap Leach),Titanium &Others 1 or more 2500 500 500 A nonrefundable 550.00 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. 10n000 -19- LAND QUALITY SECTION HEAD DARTERS Francis M.Nevils,Jr.,P.E- James D.Simons,P.G.,P.E.-Chief Engineer Caroline Medlin,E.L-Sediment Education Courier-52-01-00 Section Chief ?-Sediment Specialist Specialist Land Quality Section David H.Ward-Assistant Sediment Specialist Telephone:(919)7334574 1612 Mail Service Center Tracy L Davis,P.E.-Mining Specialist Tabitha Brown-Sediment Education Intern FAX No.: (919)715-88016 Raleigh,NC 27699-1612 Judy Wehner-Assistant Mining Specialist Chris Hite-Assistant Mining Specialist Secretaries ?-LAN Coordinator Shiuuin¢Address:Land Quality Section James IL Leomas,P.E.-Dam Safety Engineer Hope Thompson-Lend Secretary 512 North Salisbury Street Tami Dodd-Assistant Dam Safety Engineer Stephanie Lane-Sediment&Dams Raleigh,NC 27604 ?-Assistant Dam Safety Engineer Susan Edwards-Mining LAND QUALITY SECTION REGIONAL OFFICES ASHEVILLE MOORESVILLE WINSTON-SALEM • RICHARD PHILLIPS,P.E. DOUG MILLER,P.E. MATTHEW GANTT,P.E. Interchange Bldg. 919 North Main Street 585 Woughtown Street 59 Woodfln Place Mooresville,NC 28115 Winston-Salcm,NC 27107 Asheville,NC 28801 COURIER-13-15-01 COURIER-12-59-01 COURIER-09-08-06 (336)7714600 (828)251-6208 (704)663-1699 FAX#(336)771-4631 FAX#(828)351-6452 FAX#(704)663-6040 Alamance Allegheny Ashe Avery Buncombe Burke Altrander Lincoln Caswell Davidson Davie Caldwell Cherokee Clay Cabarrus Mecklenburg Forsyth Guilford Rockingham Graham Haywood Henderson Catawba Rowan Randolph Stokes Sorry Jackson Macon Madison Cleveland Stanly Watauga Wilkes Yadkin McDowell Mitchell Polk Gaston Union Rutherford Swain Transylvania Iredell Yancey FAYETTEVILLE WILMINGTON WASHINGTON WILLIAM (TOBY)VINSON,P.E. DAN SAMS,P.E. FLOYD WILLIAMS,P.G. 225 Green Street 127 Cardinal Drive Ext. 943 Washington Square Mall Suite 714 Wilmington,NC 28405-3845 Washington,NC 27889 Fayetteville,NC 28301 COURIER-16-04-01 COURIER-14-56-25 COURIER-04-16-33 (252)946.6481 (910)486-1541 (910)395-3900 FAX#(252)975-3716 FAX#(910)486-0707 FAX#(910)350-2018 Beaufort Bertie Camden Anson Montgomery Scotland Brunswick New Hanover Chowan Craven Currituck Bladen Moore Carteret Oaslow Dare Gates Greene Cumberland Richmond Columbus Pender Hertford Hyde Jones Harnett Robeson Duplin Lenoir Martin Pamlico Hoke Sampson Pasquotank Perquimans Pitt Tyrrell Washington Wayne SCHEDULE OF RECLAMATION COSTS 1o/2000 = eppjfcoa.sah.NN Based upon range of 500 - $5,000 per affected acre COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill dirt, CS = Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI = Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine, KY = Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other Tie 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 & revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM: - FINAL GRADING COSTS PER ACRE - LIME AND FERTILIZER COSTS PER ACRE - YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) - MULCH AND ANCHORING COSTS PER ACRE - ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. Additional Adjoining Landowners: vd ma Jackson 1207 Raydale Court Hyattsville. MD 20783 L. C. Pigott 355 McNilly Road Shallotte. NC 28459 William E. Pigott 289 McNilly Road Shallotte, NC 28470 Camell Stanley— 8696 Ocean Hwy. West Calabash, NC 28462 Linwood Stanley_ 205 McNilly Road Shallotte NC 28470 Wiley Snow 150 Beaver Road Shallotte NC 28470 Holland Pigott P.O. Box 525 Shallotte,_NC 28459 L. A. Stanley 421 Buttercup Road Shallotte. NC 28470 uj z � © N D � Y ' HAM-am V) I..0 O w V) o CARNELL PIG017 a SITE P.O. BOX 264 f SHALLOTTE, NC 28459 CARNELL PIGOTT 3i B P.O. BOX 264 1316 SHALLOTTE SHALLOTTE, NC 28459 ® ❑ MINTZ LIMITED EXISTING 15' DIRT AD TO GRISSETTOWN Nei 17 P.O. BOX 264 52 5� BE USED AS HAUL ROAD SHALLOTTE, NC 28459 O S- N �6 ` m N.T.S 1 ``190 EMMA JACKSON z 1207 RAYDALE COURT W HYA17SVILLE MD 20783 F VICINITY MAP o .�. , �" "" z i L.C. PIGOTT LINWOOD STANLEY 0Z) 289 MC MILLY RD. 2Q5 MC MILLY RD. 355 MC MILLY RD. WILLIAM PIGOTT 4 DAVID OWENS � 5250 OLD SHALLOTTE RD. ` ` 48 SHALLOTTE, NC 28459 SHALLOTfE, NC 28459 !! SHALLOTTE, NC 28459 SHALLOTTE, NC 28470 46.2 46� CARNELL STANLEY ` MINE LIMITS ftkkb -- 8696 OCEAN HWY WEST ! MINE EXCAVAT EA a""' 6 49.9 `� �o CALABASH NC 28462 �6 ! 8.9 ACRE EXISTING 15' DIRT ROAD TO .,, 44. �� �_ BE USED AS HAUL ROAD ` �. 30 7 `�-� ❑ W 34 L MINE LIMITS °ry �� f �' 0 C 29.9 , 32.3 \\\ EXISTING CULVER ,.■� , .32 11 000 NE EXCAVAT N EA WILEY SNOW 32.8 12.12 ACRES 150 BEAVER RD. SHALLOTfE, NC 28470 N a 39. XISTING 15' DIRT ROAD TO I I 4 z a ~ BE USED AS HAUL ROAD \\ r� Ln o Room amon woop Waft w rn x EXISTING GRAVEL ACCESS ROAD I I � ; `.,,. "T',' NLEY \� �2 �� IN DEEDED EASEMENT i I v %� a 421 BUTTERCUP LANE �---"� _' \\ Of;-- SHALLOTTE, NC 28459 " --_ � 0 o 44 o x cc GATED ACCESS I I Z 06 0 58. 57.311 HOLLAND PIGOTT LW P.O. BOX 525 56 I' SHALLOTTE, NC 28459 Z 1 Z 1 0 1 11 j w :. 11 �" 0 EXISTING 15' DIRT ROAD TO w ,1 BE USED AS HAUL ROAD b6 -U i 1 c 'lg rZ„ 1 Z 1�11 LEGEND: 0 m w MINE UMITS'- A �OD 1 ` Q / v �7. PROPERTY LINE I it 100' MIN. FROM m Z 1 PROPERTY LINE N 1� 58 EXISTING CONTOUR Illllll Illlll � 11 II �JJ_ •� MINE LIMITS rll� IIl I I RIGHT OF WAY TOP BANK ELEV. , 1 AFFECTED ACREAGE HAUL ROAD VARIES FROM 57' TO 30' CATEGORY I OZZ Z TAILINGS/SEDIMENT PONDS 0 AVERAGE `� � _ oes. JPN STOCKPILES 0 1 DEPTH = 15' I J PN THERE ARE NO KNOWN WETLANDS WITHIN OR NO:: KFD WASTEPILES 0 n" 2 ADJACENT TO MINE EXCAVATION AREAS. DAM- 09-05-02 PROCESSING AREA/HAUL ROADS 1 .92 —' MINE EXCAVATION 24.42 4•;1 i t r -i _ OTHER 0 a34 BOTTOM ELEV. VARIES L.A. STT LEY UP LAN ' ,°� LS TOTAL AREA TO BE PERMITTED 26 FROM 42 TO 15 SRC - PE ROSS SECTION SHALLOTTE, NC 28459 MINE SLO C )166 a NTS n SCALE . 1 = 200i �r , - € i j yi 0 200 400 600 nk•wo>, u °"4 s f � � x f t a 03 z _ Fv� J v ❑ N e' Q w U x° i� o � x v o ,�a 22 au a ., W pErO F^ 19 t1J > "` +� W i O - �_ ❑ z .<. x n O i 4 x n " O GX k x r Wv o ., # n a s _ 3 _ W 'rWg = w 3 N a - E - t `? p A W j - z 0 tH z r 8 ! 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BOX 264 04 0 LD SHA11pTfE SKALLOTrE MINTZ LIMITED SHALLOTTE, NC 28459 GRISSETTOWN P.O. BOX 264 0 , \ SHALLOTTE, NC 28459 0 o Wo m U so / Z 3r N.T.S ♦ / EMMA JACKSON W \ 1207 RAYDALE COURT VICINITY MAP �- �. 4 �6 HYATTSVILLE MD 20783/ ``' ♦ WILLIAM PIGOTT L.C. PIGOTTLINWOOD STANLEY0 O �~ ♦ DAVID OWENS _ 0 ��� ` ` 355 MC MILLY RD. 289 MC MILLY RD. 205 MC MILLY RD. 5250 OLD SHALLOTTE RD. - 4g ` SHALLOTTE, NC 28459 SHALLOTTE, NC 28459 _ SHALLOTTE, NC 28459 V SHALLOTTE, NC 28470 / 6 46 CARNELL MINE LIMI75 STANLEY _ ♦ — 9696 OCEAN HWY WEST MINE EXCAVA REA Q � , 49.9 �o CALABASH NC 28462 f3 U, '��� ��► .9 ACR �� ♦ EXISTING 15' DIRT ROAD TO 44.9 BE USED AS HAUL ROAD 36 MINE LIMITS �� ��\ ` j �' m 29.9 3 8).1 2.3 CNG LVE WE EXCAVA N EA , WILD' SNOW 32 � � _� 12.12 ACRES 150 BEAVER RD. .• �;; `36 vv',� SHALwOTTE, NC 2847D 39, \\ �� �\ 3o I I 0 tSTING 15' DIRT ROAD TO I I 0 z a U ~ �� \\ � � � ♦ 8E USED AS MAUL ROAD Li 6 EXISTING GRAVEL ACCESS ROAD / L.A. STANLEY IN DEEDED EASEMENT I I o / 421 BUTTERCUP LANE \\ Qo z W SHALLOTTE, NC 28459 �f z 4r 44 'c4 — o ©a GATED ACCESS I I � 54 z 06 HOLLAND PIGOTT LxJ 56 57.311 P.O. BOX 525 W �r SHALLOTTE, NC 28459 z 55.3 - ✓� ! EXISTING 15' DIRT ROAD TO z BE USED AS HAUL ROAD (D LLJ � L Ln 1 t— w A-6 � z_ r CV) J �� rn z LEGEND:_ a LiMINE UM oOD g 1 7.3i — - — PROPERTY uNIW � I 0- 100' MIN. FROM z PROPERTY UN'E 58 f�_ - ExrSTrnrc colVTouR MINE LIMITSI� I I If — — — RIGHT OF WAY II If TOP BANK ELEV.CATEGORY AFFECTED ACREAGE VARIES FROM 57' TO 30' moo wooHAUL ROAD — ——— 02224 TAILINGS/SEDIMENT PONDS 0 STOCKPILES 0 AVERAGE l `�� �� � m' JPN cm. JPN WASTEPILES 0 1 DEPTH = 15 t ' THERE ARE NO KNOWN WETLANDS WITHIN OR wa: KFD PROCESSING AREA/HAUL ROADS 1 .92 2 ~ '"� ADJACENT TO MINE EXCAVATION AREAS. DAB: 09-05-02 MINE EXCAVATION 24.42 OTHER 0 — TOTAL AREA TO BE PERMITTED 26.34 BOTTOM ELEV. VARIES L.A. STANLEY FROM 42' TO 15' 421 BUTTERCUP LANE TOTAL TRACT AREA S9•91 MINE SLOPE CROSS SECTION SHALLOTTE, NC 28459 NTS SCALE : 1 200' oAjE PRINTED � 0 200 400 sop AND'VI�W AND KOS"