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10-68_1_Redacted
ROY COOPER Y, Gavenror MICHAEL S. REGAN 5erretnry Energy, Mineral& TRACY DAVIS Lon Resources Dfto,ror ENYMONMENTAL QUALITY December 1, 2017 NC DOT - Ferry Division NC DOT - Ferry Division 8550 Shipyard Road Manns Harbor, NC 27953 RE: Mining Permit No. 10-68 Southport Drege Spoil Site Brunswick County Dear NC DOT - Ferry Division: 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 $50/month 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, J, William "Toby" Vinson, Jr., PE, CPM Interim Director, DEMLR Statec,f N,nillCit IiIIa En.iT0nmt,d,,SL;uality I tru qy �9Ulenl xadL,,IIdkcsc,urr,as 512 N SalttihUI-V SUTCI 11,12 Mall Service Ccntcr I Ralclgh,Worth Caralma 27t,90 1n12 91 a 707 q2 00 North Carolina Department of Environmental Quality Pat McCrory Donald R. van der Vaart Governor Secretary November 5, 2015 Ms. Catherine Peele NC DOT Ferry Division 159 Lucinda Lane Powells Point, North Carolina 27966 RE: Permit No. 10-68 Southport Dredge Disposal Site Mine Brunswick County Cape Fear River Basin Dear Ms. Peele: 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 November 5, 2025. The conditions in the permit renewal were based primarily upon the initial application. Modifications were made as indicated by the renewal request and as required to insure compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 3B, 4B, 4E and 9B and Reclamation Condition No. 3. As a reminder, your permitted acreage at this site is 10.5 acres and the amount of land you are approved to disturb is 8.59 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. incerely, J et . Bo er PL Y S ate Mining Specialist nd Quality Section J SBljw Enclosures cc: Mr. Dan Sams, PE Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures 1601 Mail Service Center,Raleigh,North Carolina 27699-1601 Phone:919-707-8600 1 lnternet:www.ncdenr,gov An Equal Opportunity 4 Affirmative Action Employer—Made In pars by recycled paper DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: North Carolina Department of Transportation — Ferry Division Southport Dredge Spoil Site Mine Brunswick County - Permit No. 10-68 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: November 5, 2025 Page 2 I In accordance with the application for this mining permit, which is hereby approved by the Department of Environmental Quality, 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 November 5, 2025. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: Page 3 OPERATING 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 Stormwater Program 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 roles promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. All buffers shall be maintained as indicated on the mine map last revised September 15, 2015. The containment dike shall only be breached to allow access to the dredge disposal material as indicated on said map. C. 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. A gravel construction entrance shall be installed and maintained at the intersection of the access road and the Ferry Approach to prevent tracking of sediment onto the roadway. C. No excavation of the containment dike shall occur except for removal of the portion of the dike to allow access into the dredge disposal area. Page 4 D. No excavation shall occur below the existing natural ground elevation. E Mining activities shall be conducted as indicated on the mine map last revised September 15, 2015 and the supplemental information received by the Land Quality Section on March 31, 2015 and September 30, 2015. 5. Ail interior walls of the containment dikes shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals to prevent inadvertent excavation. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of sedimentation, 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. S. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. A. Sufficient buffer shall be maintained between any excavation and any mining permit boundary or right-of-way to protect adjacent property. B. All buffers shall be maintained as indicated on the mine map last revised September 15, 2015. 10. A physical barrier consisting of a fence or earthen berm, etc., shall be maintained around the perimeter of any highwall. 11. 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 Environmental Quality. 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. Page 5 C. For the purposes of this permit, the Division of Energy, Mineral and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on-site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Energy, Mineral and Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. 12. 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. 13. 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 and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. 14. To ensure the reclamation of all affected areas at the site as per the approved Reclamation Plan, the permittee shall adhere to the financial assurance letter dated March 24, 2005, from Mr. Jerry Gaskill, Director of the NCDOT Ferry Division. Compliance with said letter shall be considered acceptable security by the Department pursuant to GS 74-54. The total affected land shall not exceed the bonded acreage. 15. 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. Page 6 B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 7 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S._74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to regrade and satisfactorily revegetate any disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. All sideslopes shall be graded to a 2 horizontal to 1 vertical or flatter slope. B. Any settling ponds or sediment basins shall be backfilled and stabilized. • Page 8 C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition Nos. 11A through D. F. 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 Jerry Yarborough, Roadside Environmental Field Operations Engineer on February 6, 2015. 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. Permit issued this 5th day of November, 2015. By: racy E. Davis, Director Division Energy, Mineral and Land Resources y Authority of the Secretary Of the Department of Environmental Quality W ^3 n 0 3 a" oo al,V - ,v :r 11 a N 00 RECEIVED ,070 .ca° J N SEP 30 2015 i» ten, �o o LAND QUALITY a a MINING PROGRAM aQmn rn x Om N - 0v; ram �rn rn� �3V zo �rnp D m a° > o -i e Dom r m r n: �� m a+ r On �nl n (� 0 r n Y o .3 > c � IrTl C7 om ` y � n p � z ® ® �7� �� C DV1 z tv Cc:: -u�r�n D N N C7 n —1N0 C C Y z Y oo � mo O nn � rn — rl mb ® � M 'm r z � m < Vnran � m0M D � ms 4 y 'o zrn ozY 1 cyl 00 a n -EC mC r "4 > O �Il� FTJ n Z O 6 Y Y �z mDo n D O I rn z z -<m ,_ o� on cmn � n I o (nLf) rn0 mm Irl Zp �Z ��o I I o T x �n �r- I � z w _ Wc�i' I o wm� m I m � QDCD ��r- x I X0-4 co r� N c n �� — m .00.001 z �'�o 00 m I C7 N-rjN N :Zoo � k I I `G NG10 En ��rD N I u,olO uOz v- r p Z n z m m I � I r ti U O m (� ��. = O 'o i o 9 (n ,II'Zbl 3 .6Z,sb.6Z f \ Z£'1b6 3 6Z.Sb�6Z S ,��� . . . . .air. 9dnTsTaRn ,S —� o C. . . . _ . -,_ 7 -- \ , c --_---_� ` O I m . . � \ rn \ : ?� n Q I X z a. p cn I n Z *Iktm (� m \ (� Z I x 3m -n m v : �I I co N \ P° \F-rl sG D 0 � I r 40 � I n \F-rj ZOL9 D O� I a!o COX Z Fey CC) �O OA mlo? I D Z ` d m r N I : I O D Im XI W a o m m m Cd� ;\ W ncn �o� z m� I I I n co It C7 C/)D C W a z z "=7 I C �, C) �"D drl� o X ------ I r � ® ® z n z I I Z I I � �3 m I : � o x I Z m It ac m m I \ Z _ ,£6.0s1 F m o-� m < \ - 3 .£0.51.6Z S - - i I `� 'G I —J z r I CIO z I N " x- TI m ,I� 1-4rin No w;W ,a�i) _ -L— - - - - - -- - - - - - - - - - - - - - �Iw 1 � C�7 Z IF rN r Z 60 D I m : O C I SI'bL S8'Osl / rn T Cb � N 3.Cb,£1.6ZS � 3 .bb,£1.6Z o m 0-)co v) r co LD � \ m z : r — �I o GoN o z O S O w o•o a o � r' (/1 ao O r D \ OD Jlm �Nm m 1 �\ D N N \ y \ \ 2 \ CO A / Om .` D I/ O N O \ \ ,00'OOs , , , ,�•, 0 Tl � \ \ J W° m z z � 83j3no 039aniSIONn ,s£ D \ RqA \ Z z \�\�RIP RAP �_ ` '" 3N ���NS m o � � � m m rn o < m : o O I O N Z -� co �' ' (� N v m - mN 'n ON0 "� _ ° n m m m0 7 `=pc� � m � o oK mn m o m F- m � 07 � �m m z z O -< -<p < n m z r III p z W > m Z 0 i + .0 Wehner, Judy From: James, Trentt Sent: Thursday, October 22, 2015 2:18 pM To: Wehner,Judy Subject: 10-68 - Southport Ferry Judy, It looks like they addressed your concerns from the adi letter. No issues here. Thanks Trentt Trentt James Environmental Senior Specialist Land Quality Section Division of Energy, Mineral, & Land Resources Department of Environmental Quality 910.796.7305 office trentt.'ames ncdenr. ov 127 Cardinal Dr. Extension Wilmington, NC 28405 ---'-Nothing Compares,-,-- 4 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 2�j JY C\b 1 MINING CHECKLIST FOR ROUTING AppIicant's Name: ProjectName: Applic./Permit No: County: q"Wk)tdC-.1 Date Received Reviewer: River Basin Name: ❑ New I� Renewal ❑ Modification(inside permit boundaries) ❑ Modification(outside permi ) ❑ Trani fir ❑ Release ❑ Partial Release Additional Information ❑ Fee Needed:s ❑ Fee Received:s Pl*.V'ro4te et r eppapplication package to: f Yy! � r Regsonal Off ice(s conod,copies;attach the"LQS Regional[ ice Mining A*uvtian Review c6ilirt"to one copy and attagh both thr DWQand DWR"Mining Appiiaatim Revim Faun"to t6 other copy;send both espies to the Regimud Engineer) Date:Routed � �u I✓ Rec'd ❑ Division of Water Resources Date:Routed Rec'd ❑ NC Wildlife Resources Commission Date:Routed Ree'd ❑ US Fish&Wildlife Service Date:Routed Rec'd (Only new appfiratiow and modification ngaesu that add land to the permit) Please route first j pages of the application and any location maps to: ❑ Division of Parks b Recreation Date:Routed Rec'd ❑ NC Geological Survey Section Date:Routed Rec'd fi ❑ Division of Marine Fisheries Date:Rooted Rec'd ❑ Division of Soil 0 Water Conservation (plus LEA) Date.Routed Ree'd (Only new applications and modif rxi ns roquests that add land to the permit) ❑ Division of Archives dr History Date.Routed Rec'd (Only new applicants) ` ❑ Other: Date:Routed Rec d « Suspense Date for Comments: " (no later than zs days from receipt) ❑ Please note the following: l iR .. • r i. STATE OF NORTH CAROUNA DEPARTMENT OF TRANSPORTATION PATRICK L.MCCRORY NICHOLAS J.TENNYSON GOVERNOR SECRETARY September 22, 2015 Mrs. Judith A. Wehner Land Quality Section Division of Energy, Mineral and Land Resources RECEIVED Department of Environment and Natural Resources 1612 Mail Service Center SEP. 3 0 Z015 Raleigh,NC 27699-1612 LAND pUAU7Y MINING PROGRAM Dear Mrs. Wehner, The North Carolina Department of Transportation Ferry Division is requesting a renewal of the Southport Dredge Spoil Site Mine with the Mining Permit#10-68 for an additional ten (10) years. The WBS # to be used to cover the permit renewal cost is 16.71044. There are no changes with this renewal. This site is used for the disposal of dredge spoil when dredging the Southport approach channel and Ferry Basin. Sand is needed to be removed on occasion to make room for additional spoil disposal when the need arises. The site provides a self-contained area for spoil inside the vegetated earthen berm. When spoil is removed,any portion of the berm that was disturbed will be reconstructed back to its original dimensions and stabilized with silt fence, seeding, and mulching to appropriate levels. In response to your letter dated April 30,2015 in reference to the Southport Dredge Spoil Site Mine Map all requested information has been added to the location maps. i have provided two (2) copies of each map as requested along with this letter. If you have any questions or need any additional information please give me a call (Office: 252-491-26351 Cell: 252-305-7288) or email me (cdpeele@ncdot.gov) at your convenience. Thank you, aall�- -&i Catherine Peele NCDOT Ferry Division- Environmental Specialist AYA WMA North Carolina Department of Environment and Natural Resources Pat McCrory Donald R, van der Vaert Governor April 30, 2015 Secretary Certified Mail Return Bmipt Requested 7013 2630 0001 8990 1602 Ms, Catherine Peele North Carolina Department of Transportation Ferry Division 159 Lucinda Lane Powells Point, North Carolina 27966 RECEIVED RE: Southport Dredge Spoil Site Mine SEP 3 0 2015 Mining Permit No. 10-68 LAND QUALITY Brunswick County MINING PROGRAM Cape Fear River Basin Dear Ms. Peele: We have reviewed the renewal request you submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with GS 74-50 and 51 of the Mining Act of 1971, please provide the additional or revised Information in accordance with the following comments: 1. Revise the mine map to clearly indicate the permit boundary. The permit boundary must include all disturbed areas, including the access road. It also includes all buffers along the permit boundary and wetlands and waterways. 2. Label the buffers along the wetlands and waterway as undisturbed. Indicate these buffer widths. Label the buffers along the permit boundaries and their widths. Buffers along the permit boundaries are to protect adjoining properties and may be unexcavated. 3• Label the hashed areas on the mine map. 4. Provide cross sections of the mining operation while active. Show the berm heights, widths and slopes. Division of Energy,Mneral,and Land Resources Energy Section!Geological Survey Se on!Land Quality Section 1012 Man Service Canter,Raleigh,North Carallna V699-1612,91&707-9200 I FAX:919.715ml 612 North Salisbury Street,Raleigh,North Carolina ZT604!Internet hfip"gdQI.0WenLgMMebA( An Equal opportunity 1 Afftrmative Action Eployer—50%Recycled 110%Post Consumer Paper Qertified Mail Ms. Peels Page Two 5. Provide a cross section of the final reclamation of the site. 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 5B.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested Information. if you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline cannot 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 Departments 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 compiete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. Sincerely, a 4fth A. ehner Assistant State Mining Specialist Land Quality Section cc: Mr. Dan Sams, PE Wehner, Judy From: Peele, Catherine D Sent: Friday, September 04, 2015 10:09 AM To; Sawyer, C J;Winslow, Lancelot D Cc: Wehner,Judy; Neal,John R Subject- RE: SOTHPORT FERRY MINING MAP Chris, We believe that Option 1: }grading the berms and spoil to a more uniform feature and re-seeding is the best route to take for the Final Reclamation Plan. Please revise the map to reflect this decision. I appreciate all the hard work and time you have spent on this. Thank you, Cat From: Sawyer, C J Sent: Friday, September 04, 2015 9:55 AM To: Winslow, Lancelot D Cc: Peele, Catherine D; Wehner, Judy; Neal, John R Subject: RE: SOTHPORT FERRY MINING MAP Lance, After talking with Judy Wehner this morning it is required that we change the Final Reclamation plan for the site on the map. Options discussed were: 1) grading the berms and spoil to a more uniform feature and re-seeding, 2) hauling/selling material and grading to natural ground then re-seeding. This item is the only thing holding up the map at this time. Once I have your decision on the Final Reclamation I will revise the map and make delivery to you. Thank you, Chris From: Sawyer, C J Sent: Monday, August 31, 2015 4:15 PM To: Wehner, Judy Cc: Peele, Catherine D; Neal, John R Subject: FW: SOTHPORT FERRY MINING MAP Judy, I am sending this email with hopes you have had time to review the mine map. I have been questioned by Catherine Peele of the Ferry Division about delivery of the map. Please let me know of any revisions so that I can make a timely delivery. Thank you, Chris From: Sawyer, C J Sent: Friday, August 21, 2015 10:27 AM To: Wehner, Judy Cc: Neal, John R Subject: SOTHPORT FERRY MINING MAP 1 Judy, As per our conversation earlier this summer, I have revised the map and I am enclosing a PDF for your review. Please let me know if any additional revisions are needed as we have a September deadline to meet. Thank you, Chris Christopher J. Sawyer, PLS Location & Surveys, NCDOT 5310 Barbados Blvd., Suite 102 Castle Nayne, NC 28429 910-341-0550 Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties. 2 Certified Mail ilk Ms. Peele Page Two 5.. Provide a cross section of the final reclamation of the site. 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 cannot 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. Sincerely, Ju ith A. ehner Assistant State Mining Specialist Land Quality Section cc: Mr. Dan Sams, PE V W AAA NC AF North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor April 30, 2015 Secretary Certified Mail Return Receipt Requested 7013 2630 0001 8990 1602 Ms, Catherine Peelle North Carolina Department of Transportation Ferry Division 159 Lucinda Lane Powells Point, North Carolina 27966 RE: Southport Dredge Spoil Site Mine Mining Permit No. 10-68 Brunswick County Cape Fear River Basin Dear Ms.,Peele: We have reviewed the renewal request you submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with GS 74-50 and 51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: 1. Revise the mine map to clearly indicate the permit boundary. The permit boundary must include all disturbed areas, including the access road. It also i includes all buffers along the permit boundary and wetlands and waterways. 2. Label the buffers along the wetlands and waterway as undisturbed. Indicate these buffer widths. Label the buffers along the permit boundaries and their widths. Buffers along the permit boundaries are to protect adjoining properties and may be unexcavated. 3. Label the hashed areas on the mine map. 4. Provide cross sections of the mining operation while active. Show the berm heights, widths and slopes. Division of Energy, Mineral, and Land Resources Energy Section -Geological Survey Section-Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612-919-707-92001 FAX:919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604•Internet: http:llAortai.ncdenr.oLgtwebllrl An Equai Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 04-27-'15 13:18 FROM- . T-982 P0001/0004 F-458 TR A S UITT L To: !�1 li r✓ u NCDENR Fax: NORTH CAROUNA DEPARTmew OF From: fT�i✓X4v IT- ENVIRONMENT AND NATURAL.RESOURCES Date: Pages: ( ) PAGES INCLUDING COVER Re: f Co F ■ Complete items 1,Fend 3.Also complete A. g a item 4 if Restricted Delivery is desired. '*1 xr' �„_ 4 ❑Agent ; ■ Print your name and address on the reverSO X ❑Addressee € so that we can return the card to you. Received by(Printed ) C. Date of Des€very I ■ Attach this card to the back of the maliplece, or on the front if space permits, Z. Article Addressed to: D, Is delivery address different from item 17 ❑Yes jVC� 'N12 If YES,enter delivery address below: ❑No Wilmington Regional Office 127 Cardinal Drive Ertenslon I MS CATHERINE PEELE Wilmington,NC28405-3843 NORTI CAROLINA DEPT OF TRANSPORTATION FERRY DIVISION Internet: I 159 LUNCINDA LANE 3, Service Type I hup.-Aportal nedeur.org/guest POWELLS POINT NC 27966 Certified Mail 13 Express Mall Registered Ratum Recelpt for Merchandise { ❑ Insured Mail C.O.D. Main Phone(910) 796-7215 , 4. Restricted Delivery?(Extra Fee) 13 ye3 FAX#(910)350-2004 Tr �- -T TTrT�rri � t 2. Article Nuitiber [ tTT f rransrer fra►n service labeq 7 013 2630 0 0 011 8 9�9 b l f 16 b 2 f I I , t P5 Form 3811,February 2004 ��—(Q Domestic Return Receipt �� tozsas oz•M=tsno! 04-27-'15 13:18 FROM- . T-982 P0002/0004 F-458 MINING PAMIT.APPLICATION REVIEW FORM for the DIVISION OF WATER RESOURCES THIS SECTION TO BE FILLED OUT BY DEMLR; . Project Name Southport Dredge Area DEMLR Permit# 10-6$ County; Carteret Applicant's Email: cdpeole@ncdot.gov PERMIT ACTION TYPE: Renewal YES NO Date Commencing Have land disturbing activities started? Date? r r. 2005 Latitude: 33.9328 Longitude: -77.913158 Please return comments to tat DEMLR CO): Judy Wehner RECEIVEDIHCOENNIDWR Comments due by: 4/24/15 IT 71 SECTION BELOW TO BE FILLED OUT BY DWR: Water Quality Re tonal Is the RO concerned that the operation, as proposed, would violate standards of w �finiSifice Comments: Watershed/Stream Name &Classification: DWR Compliance Status of Mine; Does this mine (or previous owner) have DWR back fees to pay? If yes, amount; Is this mine an active permit in RIMS? e .� 401 Wetland Cert. existing? Permit Is an O & M Plan needed? YES NO I.� • Does DWR RO suspect or know of nearby 0 wetlands to the site? 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I. .i ,t )' r, I '�, 1 'I` ,(r.31i��1.i �'.r �11�' e, i I 11 ',rl �r'1 I a', + ' j ' I, .: T.i• 'ry'�I � ',i 4 tE it :r ';:is ir'. :3.:i," �1 t'. �' _ 1. .r e 4 t'.?q'. •.:�e k -A,'.t;.'1 .j ,ta !� 'i'°• 1' ;.l"tr?• ':,5�"ti�i-l!: ,P:' / :r �' ,`• .r"- t-1r4-:•!f) 4q E�,".f,':i: .1 �l, •••� s- •�� �•f ,t�• I 5,71•'. ,a I. s 3 � 1f 1 .iti,; '! .}dTi}7'ji� [ 1;1 ,1. I t� a 1 1,iyr 1 3 .r. -'�• 'i. °- �' T i r r� i ri r:IF'�� ��'Y~�� t15 if ,I1 � �r I ' 1 !' ;1S�t, I : i 7 r ' �; t v • a e,l t'r � Ir�i t .r � � ilr•-;.:•i r } s- _ of Yl�r},;!Ir .I rt I -F I t }1:� !.t +•J4 r `11 5 I1 { tIIR flrf.r• .Irri4 ..5/1' .4 r- fy k - - a]r•�• :S• :{^ r1 _ 4 1 J!f J 1 1 F- '1 �Fy�t+yry E f It f :r�x �}r ;, J1. i rg i t 4 Ir rl I,. Mine must wait �'JP�1t II Y y r L e J, L e� -,! k�Y I, 1 a e +.rrl � i+t;,lw•�ti i„�l,irq I (P f�IJrt..r.. .11l 'v - 'r r+1 1 YI I+ IIv,/�..» 1 I 1 t f!. t to dewater until an • • approved? 04-27-'15 13.18 FROM- � T-982 P0004/0004 F--458 MINING PERMIT APPLICATION REVIEW FORM for DIVISION OF AIR Q(IALITY r ' Project w� Q r+- r County: **Due Date for Comments Back to Land Quality Section: �' 1 Will the operation, as proposed, violate standards of air quality? { " 0 C'ornments: ►'l4- /4)° ne r}, 0 P70CLS 1, a7 Ir CMG Y r'. 4/v— VYt YES NO Air permit rewired �^ Air permit existing (Permit #1 ) Other Comments: Reviewed by: ate: 4 2 4 b Jr Print'Name: D a" tK V' V-a 1012000 I ' NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald van der Vaart Governor Secretary April 22, 2015 RECEIVED MEMORANDUM APR 2 3 2015 LAND QUALITY TO: Brenda M. Harris MINING PROGRAM Mining Program Secretary Land Quality Section Division of Energly finer 4Branch Land Resources FROM: Nat Wilson �//Ground Wate nagement Water Planning Section Division of Water Resources SUBJECT: Comments on the Mining Permit Renewal for NC DOT-Ferry Division Southport Dredge Spoil Site : 10-68 Brunswick County Please find attached a copy of the mining permit renewal request for the above referenced project. The Southport Dredge Spoil site located in Brunswick County should not adversely effect ground water supplies or quality. If you have further questions please contact me at (919) 707-9000 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. APR G 11.,MNING PROGrAIVI 1611 Mail Service Center,Raleigh,North Carolina 27699-1611 Phone:919-707-9000 L Internet:www.ncwater.org An Equal Opportunely 4 Affirmative Action Employer-Made in part by recycled paper • . 2., M NC®EN North Carolina Department of Environment and Natural Resources Pat McCrory Don van der Vaart Governor April 1, 2015 Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for NC DOT Ferry Division Southport Dredge Spoil Brunswick Count D 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 water supplies (GS 74-51 (2). Please respond by April 24, 2015 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, 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, 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. /bmh I Attachments D ��� cc: Mr. Dan Sams APR T 2015 Division of Energy, Mineral, and Land Resources '------- Energy Section -Geological Survey Section- Land Quality Section 1612 Mail Service Center,Raleigh, North Carolina 27699-1612.919-707-92001 FAX:919-715-8801 512 North Salisbury Street, Raleigh,North Carolina 27604-Intemet:hUpllportal.nodenr.org/web/I An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110% Posl Consumer Paper Wehner, Judy From: James, Trentt Sent: Monday, April 27, 2015 1:16 PM To: Wehner,Judy Subject: 10-68 Southport Dredge Spoil Site Judy, I faxed over the DWQ and DAQ reviews. I have several comments for the mine map listed below. 1. The mining boundaries should be labeled. 2. Label the buffer 3. A cross section of the berm and slopes may be helpful That being said, it doesn't look like they are changing anything and it has always been in good shape. Let me know if you have any questions or need additional information. Thanks Trentt Trentt lames Environmental Senior Specialist NCDENR- Division of Energy, Mineral, and Land Resources- Land Quality Section 127 Cardinal Dr. Extension Wilmington, NC 28405 (910)796-7305 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 i w ATA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Don van der Vaart Governor April 1, 2015 Secretary REC�-- MEMORANDUM APR TO: Hs. Maria Conservation Program Coordinator LAND QLlgLfTyg�CTlp� Habitat Wildlife Resources Commission ��'l 8 9 FROM: Brenda M. Harris Mining Program Secretary APR 2015 Land Quality SectionREOLVED ,✓; SUBJECT: Mining Permit Renewal for NC DOT Ferry Division Southport Dredge Spoil �'r, �1#Of Pr Brunswick County 22ZZ� j 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 fisheries (G.S. 74-51 (2)). Please respond by April 24, 2015 so that we may complete our review of this request within our statutory time limits, As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibmh Attachments 4-- cc: Mr. Dan Sams Division of Energy, Mineral, and Land Resources Energy Section •Geological Survey Section• Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801 512 North Salisbury Street, Raleigh,North Carolina 27604• Internet: http:llportal.ncdenr.org/web/irl An Equal Opportunity 1 Affirmative Action Employer—50% Recycled 110%Post Consumer Paper a r Wehner, Judy From: Hughes, Donna Sent: Wednesday, April 15, 2015 9:25 AM To: Wehner, Judy Subject: RE: DOT mining fees Done. From: Wehner, Judy Sent: Tuesday, April 14, 2015 4:44 PM To: Hughes, Donna Cc: Peele, Catherine D; Lane, Stephanie Subject: FW; DOT mining fees cdReele@ncdot.gov- I don't know the account number. It is the one that Stephanie deposits our fees in, the mining fees account. From: Hughes, Donna Sent: Tuesday, April 14, 2015 12:59 PM To: Wehner, Judy Cc: Boyer, Janet; Harris, Brenda M Subject: RE: DOT mining fees I need her email....it is a state agency and it is handled electronically. Thanks! Also, which mining account do you want it deposited in once we receive payment? From: Wehner, Judy Sent: Tuesday, April 14, 2015 12:06 PM To: Hughes, Donna Cc: Boyer, Janet; Harris, Brenda M Subject: DOT mining fees Can you please contact Kat at the ferry division of DOT? They need to submit a renewal fee for a recently submitted mining permit and want to do it through a non-check option. (Some kind of transfer from their account to the mining fee account.) Her number is 252-305-7288. Thanks! Judy Wehner Assistant State Mining Specialist 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9227 (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 • MINING CHECKLIST FOR ROUTING Applicant's Name: l ectName: Applic./Permit No: Date Received: / Reviewer: River Basin Name: ❑ New q<.Renewal ❑ Modification(inside permit boundaries) 1 ❑ Modification(outside permit boundaries) [],,Transfer /} ❑ Release ❑ Partial Release ❑ Additional Infamation K Fee Needed:#. I �U ❑ Fee Received:s Pleat route entire application paclutge to: I Of flee copes;attach the"LQS Regional Of fix Mining AppUoatian Review Chect tt"m one Dopy and t D WR"Mi Application Review Form"w the otfirr copy;send bath con to fire RegimW Engineer) Date:Routed q - 1 S Rec'd 3 ! S P, n ODivision of Water Resources Date:Routed Rec'd OCR / NC Wildlife Resources Commission Date:Routed Rec d Cd ❑ US Fish dt Wildlife Service Date:Routed Rec'd (Only new applications and modification ra pwsts that add land to the permit) Please route first 3 N es of the ggplication and any location maps to: ❑ Division of Parks dr Recreation Date:Routed Rec'd ❑ NC Geological Survey Section Date:Routed R[c'd ❑ Division of Marine Fisheries Date:Routed Rec'd ❑ Division of Soil&Water Conservation (plus LEA) Date:Routed Reed (Only new applications and modi f cations mquesu that add land to the permit) ❑ Division of Archives&History Date:Routed Rec'd (only new applicants) ❑ Other: Date:Routed Rec'd Suspense Date for Comments: y (no later than 25 daps from receipt) ❑ Please note the following: &! KUM North Carolina Department of Environment and Natural Resources Pat McCrory Don van der Vaart Governor April 1, 2015 Secretar y MEMORANDUM TO: Ms. Maria Dunn Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris Jam` Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for NC DOT Ferry Division Southport Dredge Spoil 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 fisheries (G.S. 74-51 (2)). Please respond by April 24, 2015 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions, lbmh Attachments cc: Mr. Dan Sams Division of Energy, Mineral, and Land Resources Energy Section - Geological Surrey Section- Land Quality Section 1612 Mail Service Center,Raleigh,North Carolina 27699-1612.919.707-9200/FAX: 919-715-8801 512 North Salisbury Street,Raleigh,North Carolina 27604•Internet: http://portal.ncdonr.oralweb/Irl An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper • AK9h • .NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Don van der Vaart Governor April 1, 2015 Secretary MEMORANDUM TO : Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for NC DOT Ferry Division Southport Dredge Spoil Brunswick Count ❑ 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 water supplies (GS 74-51 (2). Please respond by April 24, 2015 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, 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. 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. Ibm h Attachments cc: Mr, Dan Sams Division of Energy, Mineral, and Land Resources Energy Sector •Geological Survey Section- Land Quality Section 1612 Mail Service Center,Raleigh,North Carolina 27699-1612.919-707-92001 FAX,919-715-8801 512 North Salisbury Street,Raleigh, North Carolina 27604 - Internet:http://Dortal.nodenr.oW/web/Ir/ An Equal Opportunity 1 Affirmative Action Employer—50% Recycled 110%Post Consumer Paper FTWA • A�CDENR North Carolina Department of Environment and Natural Resources Pat McCrory Don van der Vaart Governor Secretary April 1, 2415 MEMORANDUM RE: Mining Permit Renewal for DOT Ferry Division Southport Dredge Spoil Brunswick County Dear Mr, Lance Winslow: We are in receipt of your mining permit renewal for Southport Dredge Spoil. We regret that we cannot complete processing the above materials until we have received the necessary fee as set forth in the fee schedule adopted by the 2007 General Assembly in G.S. 74-54.1.(a). We will continue processing the paperwork but cannot complete the application process until this office has received the appropriate fee. Please remit by check or money order$ 750.00 payable to the North Carolina Department of Environment and Natural Resources. DO NOT SEND CASH. Payments should be mailed to: Attention: Ms. Judy Wehner Assistant Mining Specialist Land Quality Section Division of Energy, Mineral, and Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Full payment must be received by this office within 30 days or your materials will be returned unprocessed. If you have any additional questions, please contact our office at(919) 707-9220. Thank you for your cooperation. Sincerely, Brenda M. Harris Land Quality Section Ibmh cc: Mr. Dan Sams Division of Energy, Mineral,and Land Resources Energy Section-Geological Survey Section• Land Quality Section 1612 Mail Service Center,Raleigh,North Carolina 27699-1612.919-707-9200/FAX 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604-Internet:h1t0h) rtal.nedenr.orc�lwebArl An Equal Opportunity(Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Wehner, Judy From: Wehner,Judy Sent: Tuesday, March 31, 2015 4:05 PM To: Gregson, Jim Cc: Sams, Dan; Hall, Rhonda; Miller, Carol Subject: 10-68 DWR REVIEW SHEET 2013 Attachments: 10-68 DWR REVIEW SHEET 2013.doc Here's the review sheet for the renewal of DDT's Southport Dredge Area in Brunswick County. 1 . Print this form to POF Return of this form to DEMLR CO by email, cc DEMLR RR SPU. Send a copy to the permittee. MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF WATER RESOURCES THIS SECTION TO BE FILLED OUT BY DEMLR: Project Name Southport Dredge Area DEMLR Permit# 10.68 County: Carteret Applicant's Email: cdpeele@ncdot.gov PERMIT ACTION TYPE: Renewal YES NO Date Commencing Have land disturbing activities started? Date? i F E 2005 Latitude: 33.9328 Longitude: -77.913158 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: 4124/16 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments: Watershed/Stream Name & Classification: DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in BIMS? YES NO 401 Wetland Cert. required? t r r 401 Wetland Cert. existing? 7[ Permit# f { Does DWR RO have enough information to determine If a 401 certification is required.? Is an O & M Plan needed? YES NO 'Are wetlands disturbed at this site? I— t Does DWR RO suspect or know of nearby wetlands to the site? Is a wetland delineation required prior to r t �D DWR issuing the permit? �tnsite? Tonsultant RPV CPnhzMhPr 7r1I1 Print this form to POF Retu F of this form to DEMLR CO by email. cc DEMLR WR SPU. Send a copy to the permittee. I—r ffsite? Stream Determination Needed? Stream Determination Completed? Does DWR RO need a statement that no wetlands/streams are disturbed r r f r for this project from applicant? Buffer Determination Needed? t t Buffer Determination Completed? F r F r Recycle system permit existing? ElPermit# -� New Recycle System permit required?* Enough information to determine? Non-discharge permit existing? EYIPermlt# r t r[Unknown. Will wastewaters discharge to HOW waters i-t I-t7Q1 0 Permitteemust with a 7Q10=0? Flow: determine. I-r Has Violation I-r O&M Requirements t HQW17Q10 Concerns Does DWR require DEMLR to hold the r pay back fees or renew permit (e.g. so DWR can review it further or DWR permit r r-r because DWR requires more information)? r Other. Please describe the reason to hold the permit: RO contact: r r Hold Until: Mine must wait to dewater until an O&M plan is F r F r approved? Reviewed by: DWR RO Surface Water: Regional Office: Date: RO Aquifer Protection Section: Regional Office: Date: RPv Santomhar 7n,n Ys•A�TFo� STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PATRICK L.MCCRORY ANTHONY J.TATA GOVERNOR SECRETARY March 26, 2015 Mrs. Janet Boyer DECEIVED North Carolina Division of Land Resources MAR 31 2015 Land Quality Section LAND QUALITY Department of Environment and Natural Resources MINING PROGRAM 1612 Mail Service Center Raleigh, NC 27699-1612 Dear Mrs. Boyer, The North Carolina Department of Transportation Ferry Division is requesting a renewal of the Southport Dredge Spoil Site Mine with the Mining Permit#10-68 for an additional ten(10) years. The WBS #to be used to cover the permit renewal cost is 16.71044. I have included one (1) original and five (5) copies of the application along with six (6) copies of all location and mine maps. There are no changes with this renewal. This site is used for the disposal of dredge spoil when dredging the Southport approach channel and Ferry Basin. Sand is needed to be removed on occasion to make room for additional spoil disposal when the need arises. The site provides a self-contained area for spoil inside the vegetated earthen berm. When spoil is removed, any portion of the berm that was disturbed will be reconstructed back to its original dimensions and stabilized with silt fence,seeding, and mulching to appropriate levels. if you have any questions or need any additional information please give me a call (Office: 252-491-2635 /Cell: 252- 305-7288) or email me (edpeele@ncdot.gov) at your convenience. Thank you, Catherine Peele Environmental Specialist NC Ferry Division 159 Lucinda Lane Powells Point,NC 27966 4 NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section RECEIVED MAR 31 2015 LAND QUALITY MINING PROGRAM 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 Revised:February 24,2012 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 Archives & History - Division of Air Quality - Division of Parks & Recreation -Division of Water Quality - Others as appropriate ................1►................... Review Public Comments; All application review comments forwarded to : • Public Hearing Possible Assistant State Mining Specialist . ............••............••...•• Is application complete? If"NO", Assistant State Mining Specialist drafts a letter requesting If"YES", Assistant State Mining additional information from applicant Specialist drafts the proposed permit action Additional information from applicant received and routed to/reviewed by Assistant State Mining Specialist and Land Quality Section Regional Office (go to *) App ication & 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: - Draft Permits If"No", application & proposed -Permit Transfers/Name Changes permit action returned to Assistant - Bond SubstitutionslCancellations State Mining Specialist for revision - Permit Releases - Inactive Renewals (go to ) -High Airblast Remediation Plans - Non-controversial New Permits -Non-controversial Renewals - Small,Non-controversial Modifications For other permit actions, if"Yes", application & proposed permit action END OF PROCESS forwarded to and reviewed by Land Quality Section Chief Is application & proposed permit action complete/acceptable?? If"NO", application & proposed permit f")(ES", application & proposed action returned to State Mining Specialist/ Ii ermit action forwarded to and Assistant State Mining Specialist for revision eviewed by Division Director r (go to *) Is application & proposed permit action complete/acceptable?? If"NO", application & proposed permit If"YES", the proposed permit action is issued by the Division Director action returned to Section Chief/State Mining Specialist for revision (go to END OF PROCESS APPLICATION FOR A MININAERMIT • NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Southport Dredge S oil Site Mine County _ _Brunswick County River Basin „ „ Gape Fear River Basin Latitude (decimal degrees to four places) N 33.56 Longitude (decimal degrees to four places) W 77.59 2. Name of Applicant* NC DOT Feny Division 3. Permanent address for receipt of official mail** 159 Lucinda Lane Powells Point NC 27966 Telephone (252 ) 491-2635 Alternate No. (252 305-7288 4. Mine Office Address Same as above Telephone 5. Mine Manager Lance Winslow 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 1-71d Date 3 z /1'0 I r Print Name Catherine Peele Title Environmental Specialist * 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 shalt grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. - 1 - APPLICATION FOR A MININPERMIT is 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: X If this is an application for RENEWAL of mining permit,indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: 10-68 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 8.59 AC ❑ 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: Doe the modification involve acreage within the previously approved permitted boundary? Yes ] No ❑. If yes, indicate the acreage to be covered by thhis modification(this is the acreage that the "major mortification" fee will be based upon): DoeLtbe modification involve acreage outside the previously approved permitted boundary? Yes No ❑. If yes, indicate the additional acreage to be covered by this modification: . (NOTE: you must complete all of Section F.of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit,will any portion of this a age be affected(i.e.:disturbed, ground cover removed) by the mining operation? Yes ❑ No LJ(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 by the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand and Silt 3. Mining method: H Hydraulic Dredge H Front-end Loader&Truck ❑ Shovel &Truck Dragline &Truck Self-loading Scraper Other(explain): 4. a. Expected maximum depth of mine (feet) 0 Feet—Ground Level Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Natural Ground Level b. Expected average depth of mine (feet) Ground Level -2. APPLICATION FOR A MININAERMIT 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? 2008 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)conies 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 the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5`h Floor Raleigh,North Carolina 27699-1612 Raleigh,North Carolina 27604 (919) 733-2423 http://t)ortal.ncdenr.orp-/web/Ir/szeological home County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation—Geographic Information Systems (GIS) Mailing 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 http://www.nedot.org/it/itis/ 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 maybe described as to location and distance from mine if sufficiently far remove ), 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 the mining permit boundary, must be provided on the mine map. -3 - APPLICATION FOR A MININAERMIT • 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: I. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres I inch= 50 feet 50-199 Acres 1 inch = 100 feet 200+Acres I 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 0.15 acres Mine Excavation 5.51 acres Other(Explain) Total Disturbed Acreage 5.66 acres 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 - IR APPLICATION FOR A MINING ERMIT C. PROTECTION OF NATURAL RESOURCES I. 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. Material will be removed by front end loader, excavator and truck and carried to a disposal site.Any unsuitable material will be pushed and incorporated into the existing berm to allow easy access to sand. 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. Excavation will be conducted inside vegetated earthen berms. All berms will be kept up to height standards and will be inspected quarterly to ensure no breaches of berms have occurred. 3. a. Will the operation invo washing the material mined, recycling process water, or other waste water handling? Yes ❑ ve No�. If yes,briefly describe all such processes including any chemicals to be used. b. Will the operation involve dis ri nging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes No Z. 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 MININGIERMIT 0 c. Will any part of the proposed mine excavation(s) extend bel w the ter table? Yes ❑ No ®. If yes, do you intend to dewater the excavation(s)? Yes [] Now. If yes,what impact,if any,will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine maps) that lie within 500 feet ohe proposed excavation area. Provide data to support any conclusions or statements made, including any momtorin*well data,well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s)(i.e.,non-discharge,NPDES,Stormwater,etc.)from the Division of Water Quality,Water Quality Section. In addition,the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 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. N/A 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No ®. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. How will dust from stockpiles,haul roads, etc.,be controlled? Limited hauling—some gravel is present on the haul road to control any dust issues. -7 . APPLICATION FOR A MININAERMIT 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). Buffer already established. All excavations will take place inside vegetated earthen berms. 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). All berms are 50'+and are the buffer zones. 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. As this is a spoil site there will be no instability adjacent to boundaries. All work will be carried out inside the vegetated berm in the contained spoil site. The berm will have at a minimum a 2:1 slope or flatter - 8- APPLICATION FOR A MINING PERMIT • b. Provide a cross-section on the mine maps) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation ofany benches andlor slope drains (with supporting design information) if needed, and the method of final stabilization. Typical existing berm cross section. All excavation will take place inside vegetated earthen berms. 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). 2:1 for flatter for any containment berm that must be constructed 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 raining 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. There are no hazards to other property. 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/cross-section and location of each type of barricade to be used must be indicated on the mine map(s). Fenced area to provide security due to ferry site. Earthen berms provide an additional level of security. No access expected through ferry entrance. Security guard on location at night -9- APPLICATION FOR A MINIAERMIT 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 of all visual screening on the mine maps)and provide cross-sections through all proposed berms or proposed spacing, sizes and species for tree plantings. Spoil area is screened from NC21 l by vegetated earthen berm and other natural vegetation in the area. 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? No 11. Will explosives be used? Yes ❑ No Z. 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 ound.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 of containment in case of spill. Indicate the location(s) of all storage facilities on the mine map(s). - to- • APPLICATION FOR A MINIAERMIT D. RECLAMATION PLAN I. 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 spoil will be stored inside the berm walls. Upon the need to remove any soil, all work will be completed inside the vegetated berm walls.This will allow for additional dredge soil to be deposited inside the berm to open the channel for the ferries.All spoil deposited will be contained inside the vegetated berm walls. 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-sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation,unless 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. 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. Vegetated earthen berm buffer zones and chain link fence. - II - • APPLICATION FOR A MINIAERMIT 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 far such areas must be provided on the reclamation map. Any spoil considered suitable overburden will be incorporated into the berm walls for continued dredge spoil containment 5. a. Describe reclamation of processing facilities, stockpile areas,and on-site roadways. There will not be any processing or stockpile areas. All spoil will be inside berm walls. On-site roadways will remain to provide access to spoil site. 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. Roadway will provide access to spoil site 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 ojitems to be disposed in said areas. There will be no scrap metal,junk machinery, or contaminants left at the site as a result of this operation. All machinery and any scrap that has been generated will be removed when the dredging operation is completed, 12 0 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-seed ,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 PIanning 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): This will be determined by soil tests at the time of seeding or 2000 Ibs/acre. FERTILIZER-ANALYSIS AND RATE OF APPLICATION (pounds/acre): 1000 lbs/acre of 10-I0-10 or determined by soil test SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE(pounds/acre): [NOTE: Include Legumes] Seed Tvaes: Seeding Dates: Seeding Rates: Tall Fescue Year Round 75 Bahiagrass 50 Sericea Lespedeza 20 Bermuda grass(hulled) March I- August 31 25 German Millet *If using for temporary purposes only, use 50 lbs/acre 15 Bermudagrass(unhulled) September 1-February 28 35 Rye Gram *If using for temporary purposes only, use 50 lbs/acre 25 MULCH-TYPE AND RATE OF APPLICATION(pounds/acre)AND METHOD OF ANCHORING: Small grain straw at a rate of 2000 lbs/acre and anchored appropriately. OTHER VEGETATIVE COVERS—TYPE (S) AND RATE(S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs,etc): Revegeta ' and/or refore do ]an approved lzy: Signature Date Print N e t Title fyL_. DHJ A ,eney - 13 - APPLICATION FOR A MINIAERMIT 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 S500 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 ofthe mining permit. Please insert the approximate acreage, for each as tof the miningo_,neration, that you intend to affect during the life ofthis mining permit(in addition,please insert the a ra riate reclamation cost/acre or each calezory from the Schedule nf Reclamation Costs provided with this a licationform) OR you can defer to the De artment to calculate your bond for you based upon your maps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. — $ Stockpiles: Ac. X $ /Ac. — $ Wastepiles: Ac. X $ /Ac. _ $ Processing Area/Haul Roads: 0.15 Ac. X $ 1500 /Ac. — $ 225 Mine Excavation: 5.51 Ac. X $ 3000 /Ac. _ $ 16530 Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: 5.66 Ac. (TOTAL PERMITTED AC.. 8 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 offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 5.51 Ac. b) Positive Drainage Ac. X $1,500.00 = $ - 8,265 SUBTOTAL COST: $ 8,265 Inflation Factor: 0,02 X SUBTOTAL COST; $ 8,265 X Permit Life (1 to 10 years): _ L653__ INFLATION COST: $ 1,653 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 9,918 Total Reclamation Bond Cost: $ 9,900 (round down to the nearest$100.00) - 14- APPLICATION FOR A MININRERMIT • F. NOTIFICATION OF ADJOINING LANDOWNERS 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. N9TE� 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 has applied on (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 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(bl), 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 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 lease contact the applicant at the followine tele hone number: For information on the mining permit application review process, please contact e 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 MININPERMIT AFFIDAVIT OF NOTIFICATION 1, ,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 with N.C.G.S.74-50(b 1)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 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: - t7- APPLICATION FOR A MININGRERMIT • 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 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: CCANrW--(, �1 P,e �e, Print Name: (Title, if applicable) - Company kC9o�- l'C�ni 1`7;�;5;0✓1 Title: �n�,;rcr_�► i� Swe,c'l is+ (If applicagFe� -- Address: 159 LL csndo. Ld-+4e- Company: bcDC - l�, o-mlo-n -pdwe-(iS s�;.n� /VC. nq` � Mine Name: lsov�n, . k -D-ec. t_ ..T. S'. Telephone: 30�-- �-Z-W Telephone: (ZSZ ) Date Signed: lu'/w I r Date Signed: 3 I Z(d �ZGI *Signature must be the same as the individual who signed Page 1 of this application. One original and five 5 co Ries of the completed application,six ffi copies of all location ma s mine maps and reclamation maps,and the appropriate processing fee(see next page for fee schedule)in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 707-9220. - 18 APPLICATION FOR A MINING PWIT MINING FEE SCHEDULE 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: 0-25 acres 26+acres New Permit Applications $31750.00 $53000.00 Permit Modifications $750.00 $1,000.00 Permit Renewals $750.00 $1,000.00 Transfers/Minor Modifications* $100.00 $100.00 * A nonrefundable$100.00 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 butler zone requirements,where no plans for mining related disturbance of the added lands have been approved. All other changes are considered major permit 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. - 19 APPLICATION FOR A MINING F4PIT . There are seven Land Quality Section (LQS) Regional Offices. Use the map below to locate the Regional Office serving your county. VA Saki •,S r I V la �t lie ,ram WR ngton r Asheville Regional Office • Counties: Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Swain,Transylvania, Yancey • Address: 2090 U.S. Highway 70, Swannanoa,NC 28778 • Voice: 828.296.4500 • FAX: 828.299.7043 Fayetteville Regional Office • Counties: Anson, Bladen, Cumberland, Harnett, Hoke, Montgomery, Moore, Richmond, Robeson, Sampson, Scotland • Address: 225 Green Street, (Systel Building), Suite 714, Fayetteville,NC 28301-5094 • Voice: 910.433.3300 FAX: 910.486.0707 Mooresville Regional Office Counties: Alexander, Cabarrus, Catawba, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly, Union • Address: 610 East Center Ave., Suite 301, Mooresville,NC 28115 Voice: 704.663.1699 • FAX: 704.663.6040 Raleigh Regional Office • Counties: Chatham, Durham, Edgecombe, Franklin, Granville, Halifax, Johnston, Lee,Nash, Northampton, Orange, Person, Vance, Wake, Warren, Wilson • Address: 1628 Mail Service Center, Raleigh,NC 27699-1628 or 3800 Barrett Drive, Raleigh,NC 27609 • Voice: 919.791.4200 • FAX: 919.571.4718 Washington Regional Office • Counties: Beaufort, Bertie, Camden, Chowan, Craven, Currituck, Dare, Gates, Greene, Hertford, Hyde, Jones, Lenoir, Martin, Pamlico, Pasquotank, Perquimans, Pitt, Tyrrell, Washington, Wayne • Address: 943 Washington Square Mall, Washington,NC 27889 • Voice: 252.946.6481 • FAX: 252.975.3716 -20- APPLICATION FOR A MINING FWIT . LAND QUALITY REGIONAL OFFICES(continued) Wilmington Regional Office • Counties: Brunswick,Carteret, Columbus, Duplin,New Hanover, Onslow, Pender • Address: 127 Cardinal Drive Extension, Wilmington, NC 28405 • Voice: 910.796.7215 • FAX: 910.350.2018 Winston-Salem Regional Office • Counties: Alamance, Alleghany, Ashe, Caswell, Davidson, Davie, Forsyth, Guilford, Rockingham, Randolph, Stokes, Surry, Watauga, Wilkes, Yadkin • Address: 585 Waughtown Street, Winston-Salem,NC 27107 • Voice: 336.771.5000 • FAX: 336.771.4631 -21 - . APPLICATION FOR A MINING POMIT SCHEDULE OF RECLAMATION COSTS (Based upon ranee 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 Type T/S Ponds S. iles W. iles 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) L1, 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 511.0003, 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. -22- V 1� 4 ii l �• �` �'1, 44 FZ' •��.="fit LM �h � 7 IV+�� �f ti 4 f �a� 1'T a 001 Feet tr } O LLJ Z Q� LLICD z a O J Z m L(� O 7 O F H CDQ II Z �d � ~ _ O w W o� � w a U a_ 0- d W I I U K1 M LLI W '- 0.a 4- m a r ZNo O N� LL j p m w0 O Q N 1 00 N N w N n cw w w 0 \\ \\\ Q a / 35' UNDISTURBED BUFFER Q JOt 00 U rMM / \ \ LLJ moo •a. 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In � ��• X 00 X w • ------ o 3 w /—X X X X W 0 \ O LFJI _ _ _k i 29°45'29°E 5.UZ1 1 :1 1 1R 5LU-BLIEFER - /\ R. / °•`•• �— . . . . . . 142.11' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � . . � . • 529°45'29' E • • 947.32� . _ . . _ . . — . . . . . . . . . . . . ��L. . . . . . . . . . . . . . . .(� F "(\I z w z o O Z v U.1 Q W O I I W , J I u -S. •B� I Z o \ 2 Z O F O =WN I , I UmM o M z I 3 N a 0.0 It J 0. p N k M N N N r NCD � 100.00' Z k Q pm F-o x I J� w N �� =O� m x m� J Q a I zOrn O� ' S Q ace I'%'i SOD m U I I V),n Ll OJ Ln I g_� I p cot `1 WmM ZQ Zt p� JQ �O Q �Ljj � I cow w V) c)o �t a U (jazz cn I oZz Q oQW E- w Q ~ z ZLD Z 0 _ Q z- O OLB L1 mtia — v, a 0. a4L y .]W \ W D- Iww Z W 0 a� s �Wai � Cz7 z a 3ma' d QF N �� a < stiV) v, Q) z o ;w w w Q a, U U GnU OO w o 3 Z ? > o 0 NQ Q � E> L O e U) oc LIQ O z Z 0 a U r p oO LLJ F- I LLJI �j E F C F UU W mo � O j W� H a 0 °ac .L CQ Q Q W W 'a 0 L 0 Q 00 z Z�g a F E N L W ZVO L c c mLij oP m iv oo �� 141 02EN 0La0 N �Z 9100 L,03 d35 � LWZ k V y L O OOa L- nt OC. O p N N E Qo E E owe LLO} tiY-L C August 4, 2005 MEMORANDUM TO: File FROM: Brenda M. Harris, Secr SUBJECT: Notice of Issuance of Mining Permit A copy of the attached "Notice 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 hearing. My initials, written in red, will be beside the names of the people in the file who were sent this "Notice". Cc: Mr. Dan Sams NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Michael F. Easley, Governor Director and State Geologist August 3, 2005 William G. Ross Jr., Secretary Mr. Morris J. Gray Dredge Superintendent NCDOT Ferry Division PO Box 57 Hatteras, North Carolina 27943 RE: Southport Dredge Spoil Site Mine Brunswick County Cape Fear River Basin Dear Mr. Gray: 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. 1 am enclosing the mining permit. The conditions of Mining Permit No. 10-68 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 August 3, 2015. G.S. 74-65 states that the issuance of a mining permit does 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 and affected acreage for this site are both 8.0 acres, as indicated in the application. Please review the permit and contact Kristin Hicklin, Assistant State Mining Specialist, at (919) 733-4574 of any objection or questions concerning the terms of the permit. AceIy, . Williams, PG, CPG, CPESC State Mining Specialist Land Quality Section FRW/kh Enclosures cc: Mr. Dan Sams, PE Ms. Shannon Deaton -W RC, 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 -919-733-4574/FAX: 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina,27644 An Equal Opportunity 1 affirmative Action Employer-50%Recycled 110%Post consumer Paper DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: North Carolina Department of Transportation — Ferry Division Southport Dredge Spoil Site Mine Brunswick County - Permit No. 10-68 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: August 3, 2015 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 August 3, 2015. Page 3 Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: 1. A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. All buffers shall be maintained as indicated on the mine map received by the Land Quality Section on June 20, 2005. The containment dike shall only be breached to allow access to the dredge disposal material as indicated on said map. C. 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. Page 4 B. A gravel construction entrance shall be installed and maintained prior to the intersection of, the haul road and SR 1540 to prevent tracking of sediment onto the roadway. C. No excavation of the containment dike shall occur except for removal of the portion of the dike to allow access into the dredge disposal area. D. No excavation shall occur below the existing natural ground elevation. 5. All interior walls of the containment dikes shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals to prevent inadvertent excavation. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. A. Sufficient buffer shall be maintained between any excavation and any mining permit boundary or right-of-way to protect adjacent property. B. All buffers shall be maintained as indicated on the mine map received by the Land Quality Section on June 20, 2005. 10. A physical barrier consisting of a fence or earthen berm, etc., shall be maintained around the perimeter of any highwall. 11. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. Page 5 B. Mining refuse as defined by G.S. 7449 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on-site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be.disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. 12. 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. 13. 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 and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. 14. To' ensure the reclamation of all affected areas at the site as per the approved Reclamation Plan, the permittee shall adhere to the financial assurance letter dated March 24, 2005, from Mr. Jerry Gaskill, Director of the NCDOT Ferry Division. Compliance with said letter shall be considered acceptable security by the Department pursuant to G.S. 74-54. The total affected land shall not exceed the bonded acreage. Page 6 15, A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 7 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to regrade and satisfactorily revegetate any disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. All sideslopes shall be graded to a 2 horizontal to 1 vertical or flatter slope. B. Any settling ponds or sediment basins shall be backfilled and stabilized. Page 8 C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition Nos. 11A through 11 D. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15 - April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain). 15 April 1 - July 31 Common Bermuda 50 August 1 - October 25 Lespedeza (unscarified) 30 German millet 40 October 25 - February 15 Rye (grain- temporary) 120 Soil Amendments Lime: 2000 ibs/acre or follow recommendations from a soil test. Fertilizer: 1000 Ibslacre 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 lbslacre and anchored appropriately. • Page 9 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two (2) years of completion or termination of mining. Permit issued this 3`' day of August 2005. By: James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources 1 , • 1 NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application for a mining permit filed by NCDOT Ferry Division to conduct mining activities off SR 1540 in Brunswick County. The mining permit (6o. 10-68) was issued on August 3 , 2005. 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, NC 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, NC 27699-1601. am s D. Simons Director Division of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on Brenda Harris Mining-Program Secretary A v q o G o E f r Y, n I �u r1> 1 I WiSEjPa t '1.4 LJ � I W p �- Li Vt A l 1 i Lj See ti J `E Y -- —wJ ` td Y _ N - k F Ecua�sA�m�c our^ a3n[2�98 � �,�': V uV.rAJ3t[ � � � � `. V ❑9N3:73u 0 C, J -"MAI 7 A o< �871 = > ijj is }_ ! nm a \��, z �se Zrq :IE Hill 4 l55 oll MIA, hL 1111i I C) < MI'm 411 i. WIMIM, M - 0 1,1111,14 'i.md i I ,,'I t W.�- IS M. rj OW T .. ..... z Z Z) 77 ILI qp_ Is hii 40 _4 X� 10' T U.S. DEPARTMENT OF THE INTERIOR STATE OF NORTH CAROLINA mo F ` USGS _ - DEPARTMENT OF ENVIRONMENT AND N ti U.S. GEOLOGICAL SURVEY NATURAL RESOURCES KURE BEACH QUADRANGL sciaaceiorachsngingwarld _ DIVISION OF LAND RESOURCES E 78°00' NORTH CAROLINA GEOLOGICAL SURVEY NORTH CAROLINA 34'OQ'. _ 224000nF ZS 226 57'3D" 221 z 5452 rvr sw 7.5 MINUTE SERIES (TOPOGRAPHIC) r — -- 2$ (CAROLINA REACH) 230 25 1 REAVES PT 55' 231 21 - RT _ y �33 2340000 FEET 77°5,' Zak LIGHT25 l C 3 w �� - ! / X14 .SEWAGE 1a DISPOSAL- �+ K BEACH _ ff 1 i y ;d ❑. i 37B5000 ry - - ,I - - - - - - - - - - P_ETERS i � � c 1 _�L�/"/�� ` - -_ � �•., i�l f� I r I PT1 j P.,,� lid/" J I / I If ] j :: ,�• 20 01, �jl 1 ;�' LIGHT O . :AN 1 T:RMINAL _C.�- fV l �"s T I -- - IGHTS r \ del• }} VN N Y PO N'r y ff Lf, SUNNY Per \` 3764 � �� 21 f 1 �► t 1 15 1 FORT FIS tE1t � � 4 �1 Atli FOR 5TA o I I I 'LIGHT I WAIDEN GA Tr 10 14 f 3763, a7 xly mu- OOKOUT TOWER o a LIGHT tb - X2T �� �. ,� ORT FJSJIFR SNOWS �'�� �� TATF HISIFORiC SITE PT I y 3762 --- - — -- - — — — — — — — — — - — - - -- 376; -X3 -4 FERFIY - --- l -- --/ Y LIGHT CAI; A,000OOIQQQPPPDING Sd1i O� O B FEDERAL POINT/;' Ar57' 3761 27 THE, BASIN 4 o BM 0 2 i 3 P� l 24 AGO LIGHT kj I •• I I \�,� 1� � r 3760 -=+`— - 3760 ~ ` w � X4 m a 3& p 13X as h 'J LIGHT �2 A + 26 O tea• / $d z I 375E 15 J _ FERRY 3• DING .� I SOUTHPORT DREDGE ap 1 SPOIL SITE LIGHT o � i o a 29 U �}0 3758 p� f:,DEEP WA TER- PT - - - - �- - - - - - -- - - - - 375$ PT (•� �9 l W 'tINLET ( , 30 `7 ,T I I C 3 I o 0 o p - a pa a {` — 3757 � —�- -- - �� - m --- - � -- -- � — — — �"---- 22— _ --- --- — -- — — -« <, -- — — — —�--- — 3757 -'-r -- - - 55' � +r 'p I �� m fG x 3 II ?=r v s� s o 37 STRIKING y A y l 1 , ISLAND � Z J - � j e�R��ss C,p�F j I od p p � II I 3755 - - ( •— — --- — — — — — — — — — 3755 C0�' a LIGHT - - I X� _f i 3754 - i - - - - - - A 3754 9 F S M I T H I S L A N D 50 000 LIGHT. r SA Y - - FEET - - - - - - - - - - - - - - - - - - - - - - -- - - `--.. - - - - - - - - - - - - - - --- 3153 X4UJ er? CREED Q0 �. X3 XI8 F�, O �Q FISHING A � 10T C R ,� y Q 781°00' �23 224 2310000 FEET2P5 226 57'30" 2 � - — - - - - - -.. 375pou„ Produced by the United States Geological Survey z7 ?z$ (CAPE FEAR, 2 j say1 rV sw 29 230 55' z31 232 _33°5 Topography compiled 1969. Planimetry derived from imagery taken INTERIOR—GEOLOGICAL SURVEY, RESTON, VIRGINIA-1yg9 I SCALE L24000 233°03,^E. 77°52'30" 1975 and other sources. Photoinspected using imagery dated 1997; * � D no major culture or drainage changes observed. Survey control MN 1 MILE ROAD CLASSIFICATION 1D0Q ° 10°0 z000 3000 aooD current as of 1970. Boundaries,other than corporate, revised 1999 I G" 5D00 6000 7000 FFET Primary highway, Light-duty road, hard or Selected hydrographic data compiled from NOS chart 426(1970) 1 5 ° hard surface improved surface 8,I'e I KILOMETEF7 151 MJLS 1.38 Secondary highway. This information is not intended for navigational purposes North American Datum of 1927(NAD 27). Projection and 29 MILS CONTOUR INTERVAL 5 FEET hard surface Unimproved road NATIONAL GEODETIC VERTICAL DATUM OF 1929 10 000-foot ticks: North Carolina coordinate system TO CONVERT FROM FEET TO METERS,MULTIPLY BY 0,3048 x (Lambert conformal conic) DEPTH CURVES AND SOUNDINGS IN FEET, DATUM IS MEAN LOWER LOW WATER „, 1000-meter universal Transverse Mercator grid, zone 18 THE RELATIONSHIP BETWEEN THE TWO DATUMS IS VARIABLE N c. Interstate Route U S Route State Route R' UTM GRIP AND 199E MAGNETIC SHEET NORTH THE MEAN RANGE OF TIDE IS APPROXIMATELY 4 FEET Ln North American Datum of 1983(NAD 83)is shown by dashed DECLINATION AT CENTER OF SHEET ru corner ticks. The values of the shift between NAD 27 and NAD 83 THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS QUADRANGLE LOCATION Er for 7.5-minute intersections are obtainable from National Geodetic FOR SALE BY U.S.GEOLOGICAL SURVEY, P.O. BOX 252$6, DENVER, COLORADO BD225 KURE BEACH, N. C• 4 Survey NADCON software A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST There may be private inholdings within the boundaries of Z the National or State reservations shown on this map 1997 m H NIMA 5451 1V NW-SERIES V842 H North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME -----Southport Dredge Spoil Site Mine 2. MINING PERMIT # 10-68 3. OPERATOR Mr. Morris J Gray 4. COUNTY Brunswick 5. ADDRESS NCDOT Ferry Division PO Box 57 Hatteras,North Carolina 27943 6. PERMIT EXPIRATION DATE unknown 7. RIVER BASIN Cape Fear 8. Person(s) contacted at site Ferry manager 9. Was mine operating at time of inspection? ❑ Yes ® No 10. Pictures? ® Yes ❑No II. Date last inspected: 08/03/15 12. Any mining since last inspection? ❑ Yes ® No 13. Is the mine in compliance with the Operating Conditions of the Permit? ® Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑No If no,explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes ® No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: i 17. Other recommendations and comments: 18. Is the Annual Reclamation Report+/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed The 2011 ARR has not been received by the regional office if it has not been sent to the Raleigh Central office, please do so. The outfall on the northeast side of the south cell should be reflected on an updated mine map. 19. Follow-up inspection needed? ❑ Yes Proposed date 20. No. of additional pages of Inspection Re t 21. C y of Report sent to operator 2.22,12 INSPECTED BY: Trentt James DATE 2.21.12 Telephone No: 910.796.7227 Copy to file Copy to operator Copy to Mining Specialist !BEAM � � g RECEIVED Mine Ent Screen sue date 1 Release date FEB 27 2012 i vl LAj4D QUA—U Y rmitted acres e 8•fl MINING PRpGRA M d acrea 9.0 Bond type -god-amount xpiration date Ls-0:"+ Mine acrea a screen releases Permitted acreage in new acres reclaimed (mine excavation category) I SENDER: DEUVERY } ■ Complete Items 1,2,and 3.Also complete to f item 4 If Restricted Delivery Is desired. C3 Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you, B. R i ■ Attach this card to the back of the mailpiece, (Printed N C. Data of Doiivary or on the front if space permits. I 1. Article Addressed to: D. Is dellvery address ddlerent from item 1? ❑Yes If YES,enter deiivary address below. ❑No i i MR JASON CONNER BV HEDRICK GRAVEL AND SAND 7 YORKSHIRE STREET STE 102 3, Ica Type ASHEVILLE KC 28803 R"tfiad"all I'ressmail f Registered Fletum Receipt for Merchandise 0 insured Mall ❑C-O.D. 4. Restricted Ddlveo a rtm r"ea) ❑Yes 2- Article Number i mansfer from service label) 7003 1010 0003 5645 1372 PS Form 3811,August 2001 Domestlo Return Receipt � �i�_ Q� t02595-024t.1sao MINING CHECKLIST FOR, ROUTING , Applicant's Name: C — If Project Name: Sul Y+ a'A Ij Applic./Permit No.: Rate Received: p ao -4s, Reviewer: IV- River Basin Name: ❑ New ❑Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside p rr" boundaries) ❑Transfer ❑Release ❑ Partial Release ` A ditionai Information ❑ Fee Needed: C Fee Received: $ Plcse route entire,a ppkcatoria agP tQ Regional Office (2 complete copies; attach the "LQ5 Regional D ce Mining Application Review Checklist" to one copy and attach k� be-DWQ.and DAQ "Mining Application Review Form" to the other copy: Send both copies t �giaal -ngitteer} Date: Routed Ca a or, Rec'd, ❑ Division of Water Resources Date: Routed Reed ❑ NC Wildlife Resources Commission Date: Routed Rec'd ❑ US Fish &Wildlife Service Date: Routed Rec'd (Only new applications and modification reque5to that add land to the permit) PjP,rP route first 3 nage,�2 of the 012t2licatioM and aMY lo=lon mans ta• ❑ Vvision of Parks & Recreation Date: Routed Rec'd ❑NC Geological Survey Section Date: Routed Rec'd (Only new applications and modification rcqucat5 that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) ❑Other: Date: Routed Rec'd **5uopenoc Date for Comments: /A - (no later than 25 days from receipt) Please note the following: v STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTAIiUN MIKE EASLEY PO.BOX 25201,RALEIGR N.0 27611-5201 LYNDO nPPETT" GOVERNOR $EMTARY June 16, 20 RrCTV D CERTIFIED MAIL JUN 20 2005 RETURN RECEIPT REQUESTED _ tqp QUALITY SECTION Ms. Kristin Hicklin Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 RE: Proposed Southport Dredge Spoil Site Mine Brunswick County Cape Fear River Basin Dear Ms. Hicklin; As per our telephone conversation regarding 'the referenced mine site you will find enclosed the modified maps. If you have any questions please contact me at Hatteras Inlet Ferry Operations (252) 986-2136 Thank you for your help and cooperation with this matter. Sincerely, Morris J. Gray Dredge Superintendent HATTERAS INLET FERRY OPERATIONS P.O. BOX 57 HATTERAS, NC 27943 TELEPHONE (2521 986-2136• FAX (2521 986-2781 RCDENK 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, Govern( {director and State Geologist April 28, 20d5 RECF,IVED William G. Ross Jr., Secrete MEMORANDUM 'JUN 21 20-25 TO: Mr. Bennett Wynne ptlALITY S G f Habitat Conservation Program Coor ' �r,RL Wildlife Resources Commission, FROM. Brenda M. Harris Aww&- Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for NC DOT - Ferry Div. Southport Dredge Spoil Site Brunswick County Please find attached for your review a copy of the mining permit application request for the above referenced project. `"having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by May 23, 2005 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919)733-4574 if you have any questions. /bmh / Attachments cc: Mr_ Dan Sams L '' 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 919-733-45741 FAX: 919-733-2676 }� I�• • MINING CHECKLIST FOR ROUTING Applicant's Name: ,1V Project Name v-i I� )!Permit No.: County: 1"MWILl� Date Received: �►" —O Reviewer. River Basin Name: UNZ 9 ❑ New ❑Renewal ❑ Modification (inside permit boundaries) ❑Modification (outside Vrrqit boundaries) 0 Transfer 0 Release ❑Partial Release J ditional Information ❑Fee Needed: $ 0 Fee Received: $ Please route-antire application 12ackagae_to: Regional Office (2 complete copies;attach the"LQ5 Regional Office Mining Application Review Checklist" to one copy and attach the D , Q and DAQ "Mining Application Review Form"to the other copy; send both copiesgineer) Date: Routed • e`cd ❑ Division of Water Resources Date: Routed Rec'd ❑ NC Wildlife Resources Commission Date: Routed Rec'd ❑US Fish &Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Please route-first 3 paaTnf�'he application and aqy location maps to: ❑ Division of Parks & Recreation Date: Routed Rec'd ❑NC Geological Survey Section Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) ❑Other: Date: Routed Rec'd **5uopen5e Date for Comments: (no later than 25 days from receipt) XPlcaoe note the following: � s , L •�4M� STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MIKE EASLEY P.0,sox 25201,RALEIGR NC 27611-5201 LYNDO TIPPETT GoVFRNoR SMd ETARY RECEIVED June 3, 2005 JUN 0 7 2005 CERTIFIED MAIL LAN4 Ql1ALlTY SIrCTIQN RETURN RECEIPT REQUESTED Ms. Kristin Hicklin Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 RE: Proposed Southport Dredge Spoil Site Mine Brunswick County Cape Fear River Basin Dear Ms. Hicklin; 1n reply to your letter dated May 31,2005 regarding the referenced mine site you will find enclosed the requested items: 1, Completed Land Entry Agreement, Page 18 of the permit application. 2. Signed return receipt cards that the county officer and adjacent landowners have been notified. If you have any questions please contact me at Hatteras Inlet Ferry Operations (252) 986-2136 Thank you for your help and cooperation with this matter. Sincerely, Morris J. ray Dredge Superintendent HATTERAS INLET FERRY OPERATIONS P.O. BOX 57 HATTERAS, NC 27943 TELEPHONE (2521 986-2136' FAX [252] 986-2781 APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: Signature: Signature:* Print Name: NCDOT-FERRY DIVISION Print Name: __Morris J. Gray Address: P.O. BOX 57 Title: Dredge Superintendent HATTERAS, NC.27943 Company: NCDOT—FERRY DIVISION ° Telephone: Mine Name: SOUTHPORT DREDGE SPOIL SITE *Signature must be the same as the individual who signed Page 1 of this application. Six (6) copies of the completed aviDUcation,six J61 copies of all location maps, mine maps and reclamation maps,and the appropriate roeessin 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. Y Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574, -18- COMPLETE�r ■ Complete items 1,2,and 3.Also complete �A. sign re Item 4 If Restricted Delivery Is desired. ©Agent ■ Print your name and address on the reverse ❑Address so that we can return the Card to you. B. F.C.A by(Arfrtred Name) C. Date of Delive ■ Attach this card to the back of the mailplece, 1 or on the front if space permits. { 1, Article Addressed to: ' delivery add different from Item 1? ❑Yes r if YES,enter delivery address below: ❑No oa5 —IiA med Mali ❑Exprm Meli ❑Registered Cprdfun,Recelpt for Merchandh ❑lnsured'Mall ❑C.O.D.. 4. Restricted Delivery?p*n Fee) ❑Yes I 2. Article Number LN rna r> � 7aa � a�9a ovo3 �a�.o 6634 P5 Form 3811,February 2DQ4 Domestic Return Receipt ioz5ss o2-M•tt COMPLETE •N COMPLETE THJS SECTION ON ■ Complete Items 1,2,and 3.Also complete u} ,item 4 If Restricted Delivery Is desired. ❑Agent ■ Print your name and address on the reverse ❑Addresst so that we can return the card to, u. oy MiAIW4ejad y n C. Dte ofDelive ■ Attach this card to the back of the mailpiece,or on the front if space permits: d di I IZ ❑Yest. Article Addressed to: i YES,enter de ery a dre below: ❑ No I C' '.gin t pe d Mall ❑Fxpress Mali ered M-P§m Receipt for Merchandl: d Mail ❑C.O.U. 4. Restricted Delivery?Pft Fee) ❑Yes 2. Article Number 07ansfer fFom mrrce kw, '7 o a a& o b a a 3 V a o o a i PS Form 3811,February 2flD4 Domestic Return Reoelpt 102585-02•M•1t SENDER: COmPLETE THIS SECTION —31 CQMPLETO THIS SECrION ON DELIVERY 111111 ,I ■ Complete!teals 1,2,and 3.Also complete A signature Item 4 if Restricted Delivery is desired. ! ❑Agent ■ Print your name and address on the reverse ❑Address so that we can return the card to you. R Ivad by(Printed Nemef C. t"of "live s Attach this card to the back of the mailplece, v r`VS. ea D( } or on the front if space permits. 1). Is delivery address dlfferant from Item 1? ❑Yes t. Article Addressed to: If YES,enter delivery address below: ❑ No 1 A r u- n i �S Ut }aid}� D0 P 470 II �7 .�,37. ea? 63 5a 3. Se ce Type CaCertiflad Mail ❑a I'm Mail > ❑ Registered "turn Receipt for Merchandl ❑ Insured Mail ❑CAA. I 4, Restricted Delhrery?(Edm Feel ❑Yes i 2. Article Number ' f d el from service t-W . 7D p7 5' T U...U 000 C5 0 P5 Form 3811,•February 2004 Domestic Return Receipt 102595-02-M-it s ON . ON ■ Complete Items 1,2,and 3.Also complete A. Signature Item 4 If Restricted Delivery Is desired. 0 Agent ■ Print your name and address on the reverse x 10 ❑A4dress so that we can return the card to you. g, R iv r C. Date De e ■ Attach this card to the back of the mallplece, or on the front It space permits. t. Article Addressed k� D. Is v" a dress dl eren,from 17 Yas I �/ If YES,enter delivery address below: ❑No Po 8x4 y., - c, 3. tea. I a Centfled Mall ❑Express Mall ❑ Registered CZ-fRelum Aac"1p1 for Merchandls l CJ 0 insured Mall ❑C.O.D. 4. Restricted Delivery'?(Extra Fee) Cl Yes i 2. Article Number `7 p 0 'V- a 8 9(D a 6 0� �o�Gv p 6 143 O7 Urrsfer from servloe take!) I PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-i5• A11L. NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section . James D. Simons, PG, PE Michael F. Easley, Governor Director and State Geologist May 31, 2005 William G. Ross Jr., Secretary Certified Mall Return Receipt Requested 7002 3150 0003 7042 3807 ��--- - Mr. Morris J. Gray NCDOT Ferry Division PO Box 57 Hatteras, NC 27943 RE: Proposed Southport Dredge Spoil Site Mine Brunswick County Cape Fear River Basin Dear Mr. Gray: We have reviewed the application request you submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. Please fill out Page 18 of the permit application (attached) in its entirety and return the original to this office. 2. Please provide proof, such as signed return receipt cards, that the county or V municipality chief administrative officer and landowners adjoining the acreage outside the permitted boundary have been notified. 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 •919-733-4574/FAX: 919-715-8801 -� 512 North Salisbury Street,Raleigh, North Carolina,27604 An Equal Opportunity I Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Certified Mail Mr. Gray Page 2 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 Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 58.0013, 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 dearly 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 i 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)733-4574 if you have any questions. Vstin rely, Hicklin Assistant State Mining Specialist Land Quality Section Enclosure cc: Mr. Dan Sams, PE i � Q North Carolina Department of Cultural. Resources State Historic Preservation Office Peter B.Sandbcck,Administrator Michael F.L.aslcy,Governor Office of Archives and I listory L.isbeth C.L.vans,Secretary Division of Historical Resources Jeffrey J.Crucv,Dt..Tuty Secretary David Brook,Director May 25, 2005 MEMORANDUM RE CErWD TO: Floyd Williams AI P 7 2005 Land Quality Section LAN0 QUALITY SECTION Division of Land Resources, DENR -Fs. Z s FROM: Peter Sandbeck ta- 1� SUBJECT: Application for Mining Permit,NCDOT—Perry Division, Southport Dredge Spoil Site, Brunswick County, ER 05-0950 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. Location Mailing Address 'telephone/Pax ADMINISTRATION 507 N.Blount Street,Raleigh NC 4617 Mail Service Centet,Raleigh NC 27699-4617 (919)733-4763/733-8653 RESTORATION 515 N.Blount Street,Raleigh NC 4617 Matz Seniee Centct,Raleigh NC 27699-4617 (9"733-6547/715-481)1 SURVEY&PLANNING 515 N.Blount Street,Raleigh,NC 4617 Mail Service Center,Raleigh NC 27699-4617 (9i9)733-6545/715-48i11 SENDER; COMPLETE THIS SECTION COMPLE7E THIS SECTION ON DELIVERY ■ Cor'srplete'teths 1,2,and 3.Also complete A. nature Item 4 if Restricted Deilvery Is desired. ❑Agent ■ Print your name and address on the reverse ❑Addressee. so that we can return tho-card to you., b nted Na e) C D o o D ry ■ Attach this card to the back of the mailpiece, or on the front If space permits, D. is delivery address different from Item t 7 t, Article Addressed to: if YES,enter delivery addrese below: ❑No { E Mr Morris J Gray j NCDOT Ferry Division � 3. Service Type PO Box 57 0 C—rtified Mall ❑Express Mall Hatteras NC 27943 ❑Registered `$Retum Receipt for Merchandise l. ❑Insured Mall ❑C.O.D. f 4. Restricted Delivery?gSdm Fee) ❑Yes t 2. Article Number (7fansfer from servlco label) OCW3 1 Form 3811 ug y2y C �/C7�mos�tic atom�3 05/27/2005 97:33 9103502018 NCDENR PAGE 01 - State of North Carolina • Department of FInvironrnent and Natural Resources Wilmington Regional Office .,t,(9 t 0) 395-3900 Michael F. Easley, Governor William G, Ross .fit'., Secretary FAX COVER SHEET Date: 4 pages (excluding cover) , To: /e/ r:r From: — CO: Division: -e/1� FAX #: 9L2 73 3 -Lem FAX#: 910-350-2004 REMARKS. 127 Cardinil Drive Frtanslon,Wilmington,N.(.. 28405.384$Ttlephane(910)395-3900 Far(910)330•2004 An Fgoat Opportunity Aff rmative Action Employer 05/27/2005 07: 33 91035020 8 NCDENR PAGE 02 LAND UALITY SECTION REGION* OFFICE MINING APPLICATION REVIEW CHECKLIST-=moo, PPLICATIO PERMIT NO.: 1V ACTION: New Modification Renewal Transfer Release APPLICANT NAME: 'Vncr MINE NAME Sf 1UNTY:&LMW t c Administrative Issues: A. Is the site currently under NOV? Ye No „_ xplain: B. Is the site under LAMA jurisdiction? Yes No Explain: Field Issues: A. Are potential wetlands and watercourses properly indicated on the Mine Map No Explain: B. Are the proposed buffer zones adequate ,e_ No Explain: . C. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated? Yes No Explain: ///f- D. Do all water supply wells within 00 feet of the mine excavation appear to be indicated? Yes No Explain: /v�1 - E. Is visual screening needed?' Ye Ng4xplain: F. Are the proposed erosion and sedimentation control measures properly located to prevent offsite sedimentation? No Explain: G. Is the proposed revegetationtreclamation plan acceptable? es No Explain; * Date inspected: i5" 9- o,-s' Erosion and Sedimentation Control Plan Review: It is the responsibility of the Regional Office staff to verity the adequacy of the E&S measures. Please provide any concems or comments: Other Comments: Who was the agplication routed to and when?: Division of Air Quality: _ZI- C'-�r e, _ Date: �-�o-o 3-- Division of Water Quality (Water Quality Section only): 6_15 Date: r �� - Other: Date: Inspector/Reviewer's Name: .� � z Date: 9,Oj Regional Engineer's Name: Date: 05/27/2005 07:33 9103502018 NCDENR PAGE 63 MINING PERMIT APPLICATION REVIEW FORM for DIVISION OF WATER QUALITY Project: County: **Due Date for Comments Back to Land Quality Section: Will the operation, as proposed, violate standards of water quality? Comments: Watershed/Stream Name & Classification: Car9ss YES NO NPDES permit required NPDES permit existing (Permit # ? v Nondischarge permit required Nondischarge permit existing (Permit Wetlands disturbed •! 401. Wetland Cert. required 401 Wetland Cert. existing (Permit # ) Reviewed by: Qate; Print Name:,-l-)&Lag Z���� --- 1012000 05/27/2005 07: 33 9103502018 NCDENR PAGE 04 MINING PERMIT APPLICATION REVIEW FORM for DIVISION OF AIR QUALITY ProjIect• 4- [a—Q County: **Due Date for Comments Back to Land Quality Section: Will the operation, as proposed, violate standards of air quality? l�4 Comments: O Crwl PIT,* Is t la, r .r o r� a YES NO Air permit required ✓ Air permit existing (Permit #� 1 Other Comments: IV1 POW 410 WS Reviewed by: Date: Print Name: DA h �A rr l 1012000 t United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Ot'fce Box 33726 Raleigh, N6nh Carolina 27636-3726 May 16, 2005 w � Mr. James D. Simmons Director and State Geologist NCDENR-Division of Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Attn: Brenda M. Harris Dear Mr. Simmons: The U.S. Fish and Wildlife'Service has reviewed the projects advertised in the following mining applications. Due to staff and funding constraints, we are unable to adequately address the subject proposals at this time. Therefore, we are taking no action on the following mining permit applications. APPLICANT COUNTY NOTICE DATE DUE DATE Crafton Keith Bass Sampson 05-03-05 05-03-05* 'NC DOT-Ferry_Divisivn-Brunswick_ _ 04-28-05 Should you have any questions regarding these comments, please contact Mr. Mark D. Bowers at (919) 856-4520, extension 19, or at the above address. Sincerely, f�gtPete Benjamin, Ecological Services Supervisor cc: NMFS, Beaufort,NC EPA, Atlanta, GA WRC, Raleigh.NC +'4 ; MW, r r - 89-0 l az!S Hods a6paaQ podylnos ;Y Uoileool r +: S£86'LL- b££6'££ uolIeool fold r A J& r r NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr„Secretary John Morris, Director May 16,2005 MEMORANDUM RE CE IVE D TO: Brenda M. Harris - Mining Program Secretary MAY 16 20L, Land Quality Section LMD QUALITY SECTION FROM: Kristen B. McSwain Water Allocation Section Division of Water Resources SUBJECT: Comments on the Mining Permit Application Request for: NC DOT-Ferry Division Southport Dredge Spoil Site : Permit Number-unassigned Brunswick County Please find attached a copy of the mining permit application request for the above referenced project. The Southport Dredge Spoil site located in Brunswick County should not have an unduly adverse effect on ground water supplies. Any water withdrawal will be subject to North Carolina General Statute 143-215.22H; Registration of Water Withdrawals and Transfers Required. Any person who withdraws in one day 100,000 gallons (70 gpm) or more of surface water or ground water in North Carolina is required to register the withdrawal with the Division of Water Resources. A Central Coastal Plain Capacity Use Area permit must be obtained from the Division of Water Resources if the withdrawal exceeds 100,000 gallons per day and occurs in Beaufort, Carteret, Craven, Duplin, Edgecombe, Greene,Jones, Lenoir, Martin, Onslow, Pamlico, Pitt, Washington, Wayne, or Wilson County. If you have further questions please contact me at(919) 715-3046 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1 6 1 1. ne 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 NocofthCarofina Phone, 919-733-40641 FAX: 919-733-35581 Internet: www.ncwater.org Nahmally Cc Log In#: _ J 7� DPR/RRS Mining Penn it Application Review RRS Contact: Name of project: P — "6 l V County; '-R&t,nS�# c4 P Proposed activity is is not V within S miles of a public park or recreation area. If yes, identify the park: Manager/agency name: (contact name): (phone; fax): (e-mail): Review conducted by: Date: PLEASE RETURN APPLICATION MATERIALS WITH YOUR REVIEW/COMMENTS. YOU CAN ALSO E-MAIL YOUR COMMENTS TO: Adrienne.McCoig@ncmail.net THANKS! =UALITYSE Return form and materials to: MAY Adrienne McCoig DENR/Division of Parks&Recreation 1615 MSC Raleigh, NC 27699-1615 (Please Print on COLOR Paper) MINING CHECKLIST FOR ROUTING Applicant's Name: -t.WY SA Di U -Project Applic�/Permit No.: County: &xsw-�,L Date Received: Li Reviewer. V,1, slIre i hRiver Basin Name: Oap r--.. V- *CW ❑ Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑Transfer ❑ Release ❑ParCial Release ❑Additional Information 0 Fee Needed: $ Pee Received: $ 60 D Regional Office (2 complete copies; attach the," e ' Office Mining Application Review Checklist" to one copy and attach both th DWQ n AQ "Mining Application Review Form"to the other copy; send both copies to the . gional Engineer) Date: Routed k ) Rec'd r Division of Water Resources Date: Routed �_ Rec'd .(NC Wildlife Resources Commission Date: Routed Rec'd KU5 Fish &Wildlife 5ervice Date: Routed Rec'd (Only new applications and modification rcqueets that add land to the permit) Pivhaion of Parks & Recreation Date: Routed 4 GS_ Reed > NC Geological Survey Section Date: Routed I \ Rec'd (Only new applications and modification reque5t5 that add land to the permit) Kllivh5ion of Archives & History Date: Routed a fs Rec'd (Only new applications), I Pther. UftvlCA Date: Routed Rec'd **5uopen5e Date for Comments: 5-3-,�_ 05(no later than 25 days from receipt) Plcaoe note the following: NCDENR - North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons,F.G., P.F. Michael F. Easley,Governor Director and State Geologist April! 28, 2005 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Bennett Wynne Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris /&;-LA- Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for NC DOT - Ferry Div. Southport Dredge Spoil Site 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 May 23, 2005 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your . comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. fbmh 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 • ly • 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 April 28, 2005 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for NC DOT - Ferry Div. Southport Dredge Spoil Site Brunswick County ❑ Mine Dewatering Proposed ® No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on May 23, 2005 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. Ibmh 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 NCDENR. North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Ja rues D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist April 28, 2005 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Lewis Ledford, Director Division of Parks a Recr ation FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for NC DOT - Ferry Div. Southport Dredge Spoil Site Brunswick County Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly May 23, 2005 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 is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. Ibmh 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 • A�LA • NCDENR- North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. April 28, 2005 Michael F. Easley, Governor Director and State Geologist William G. Ross Jr,, Secretary MEMORANDUM TO: Dr. Garland B. Pardue Application Review Coordinator U.S. Fish and Wildlife Service FROM: Brenda M. Harris Mining Program Secrets Land Quality Section SUBJECT: Mining Permit Application for NC DOT - Ferry Div. Southport Dredge Spoil Site Brunswick County Please find attached for your review a copy of the mining 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 May 23, 2005 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 is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. Ibmh 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 • Axe • NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, R.G., P.E. April 28, 2005 Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary MEMORANDUM TO: Ms. Renee Gledhill-Earley Application Review Coordinator Archives & History FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for NC DOT - Ferry Div. Southport Dredge Spoil Site Brunswick County Please find attached for your review a copy of the mining application request for the above referenced project. 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 significant archeological resources and/or human skeletal remains 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. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. Ibmh 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 • Axly • 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 April 28, 2005 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Mike Street, Chief Habitat Protection Section Division of Marine Fisheries FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for NC DOT - Ferry Div. Southport Dredge Spoil Site 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 May 23, 2005 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 is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. Ibmh 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 NCGS Mine Permit Application Review Checksheet Appfkation ID LQS Complete This Section Attach Pages 13 of Mine Pen,It Mina Name Company Name 5 Date Due LQS 5 Permit Type: � 1 . � Now-Renewal 1�1 Modification-Transfer NCGS Complete This Section CommoQity Geachemlatry Hszardate County Minerals 7.5'Quad Subsidence Let(DecDeg) Long(DecDeg) Slope Stadw 1985 Geologic Map Unit Seismic Hazard Hydrogeology ()that Geologic Map Unit Mineral Resources Uthology: Flood Plain Deposits Comments Comments (Confd) Note: Seismic hazard value Is the peak horizontal acceleration Ydth a 10%chance of exceedence In 50 years. Reference value Is firm bedrock,actual site oonditlons may vary, Source-National SeIsmlGHazard Maps Documentation,June 1996, U.S.Geologlcal Survey Open-File Report 96-532(httpJlgldmaps.0l.Cr.usg3.govlseishazlpgal0.html). Record No 35M Revlewerl � ComplDatel' Revlewer2 C.omplDate2 NCGS Mine Ravtew Chsckshaet-Databass Rev.2 11128= ' 0 MAI k '"�` -�� +'•1'�' is All" r + r R � r �r �J y� �J • �rr it T',•�'��' i�� 2 11 11 C Y* 1 :' 11 �r,'Sl14JW���%, 4*i * TAT I■ ' [I',ll l,j1�17% �: � • .�� 1 • 11 1 ` 1 a• 111 i • pill rr r 66.1059 NC Department of Transportation 531 1514 Mail Service Center Warrant 1791559 Raleigh, NC 27599-1514 Date 04/20/2005 Void after One Year PAY ORDER TOOF E 250.00 NC DEPT OF ENVIRONMENT AND � NATURAL RESOURCESr+++++��+�y�.++�++*+++►rw,y?we. enr:,:manwamo ycts DIV. OF ENVIROMENTAL MANAGEMENT 1617 MAIL SERVICE CTR RALEIGH NC 27599-1617 State Treasurer, Raleigh, North Carolina Mark L. Foster I Payable at Par Through Federal Reserve System Chief Financial Officer --- -' - AUTHCRQED SIGNATUPB� _.. •. imap:HBrenda.Harris cros.ncmail.net:143/fetch%3EUID%3E/5en... Subject: NOTICE OF MINING PERMIT APPLICATION From: Brenda Harris <Brenda.Harris@ncmail.net> Date: Thu, 28 Apr 2005 09:15:06 -0400 To: "Representative Dewey L. Hill" <Deweyh@ncleg.net>, "Representative Thomas E. Wright" <Tomw@ncieg.net>, "Senator R. C. Soles, Jr." <Rcsoles@ncleg.net>, "Representative Bonner L. Stiller" <Bonners@ncleg.net>, Floyd Williams <Floyd.Willi ams@ncmail.net>, Mell Nevils <mell.nevils@ncmail.net>, Jim Simons <Jim.Simons@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: April 28, 2005 In an effort to keep you informed of activities in your area, this is to inform you that an application for a new Mining Pen-nit, 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, Director and State Geologist, Division of Land Resources at 919-733-3833 or mailto:Jina.Simons.@ncmail.net . •*:'r**&+1riF**k•k*�Ir+k�ir*�r�k*�Y*dry'ric**irw*�rYeelrir•/t7r�r�lt�ir�tr9lr�k�lrkk*�k9e�tr�lr9t�fr�r*ti1r�rRr�F�k*�t**�tr�lrelr**tlrflr�trilr** Pursuant to provision C.S. 74-50 (bl) of The Mining Act of 1971, Notice is hereby given that N.C. D.Q.T. Ferry Division has applied on April 12, 2005 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 Sandy Silt on 8 acres of land located 1 mile East of Southport off/near road 211 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 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 I of 2 4/28/2005 9:l5 AM imapl/Brenda.Harr;s cros.ncmail.net:l43ifetch%3EU1D%3E/Sen... Y 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 rile 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: 252-986-2136. 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: Morris J. Gray NCDOT Ferry Division P.O. Sox 57 Hatteras, NC 27943 2 of 2 4/28/2005 9:15 AM QM rat p� STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MIKE EASLEY P.O.BOX 25201,RALEIGR N.0 27611-5201 LYNDO TIPPETT GOVERNOR SECRETARY April 12, 2005 Mr. Dan Sams, P.E. Land Quality Section Division of Environmental Management 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 Dear Mr. Sams: Please find the enclosed six completed permit applications, maps and a check in the amount of$250.00 for our Southport dredge spoil site. Notification to the adjacent property owners and the Brunswick County Manager have been sent by certified mail. The purpose of this permit is to sell dredge spoil material that has been pumped into the site previously to offset the cost of dredging and preparing the site for Future dredging of the ferry terminal. In addition, due to the enduring nature and fiscal responsibility of the Department of Transportation, Ferry Division we respectfully request that the requirement for a bond to insure proper reclamation of this site be waived, per the enclosed letter from Mr. Jerry Gaskill, Director Ferry Division. If you have any questions please contact me at Hatteras Inlet Ferry Operations (252) 986-2136 Thank you for your help and cooperation with this matter. Sincerely, R E C E D Morris J. Gray Dredge Superintendent APR 27 2095 FWD pdA�1TY SEc'TlaiJ HATTERAS INLET FERRY OPERATIONS P.O. BOX 57 HATTERAS, NC 27943 TELEPHONE (252) 966-2136' FAX (252) 986-2761 t.�AAAo STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAt'I,F. EASLEY PO BOX 25201.RALEIGH,NC 2761 1-520 1 LYNDp T[PPE-1-1- GOVE:RNOR SECRETARY March 24, 2005 Mr. Tracy E. Davis, P. E. State Mining Specialist NCDENR, Division of Land Resources 1612 Mail Service Center Raleigh NC 27699 Subject: Security/Reclamation Bond for Proposed DOT Mining Permit Operations This letter will serve to fulfill the mining permit security/bonding requirements, which mandate that a security/bond be posted before a mining permit is issued. This statutory requirement is to provide the Department of Environment and Natural Resources (DENR) the financial assurance that the reclamation costs associated with a particular permitted mining operation will be covered should the site be abandoned. As indicated in the cover letter attached to the mining permit application now under review by your agency, it is the intent of the Ferry Division of the Department of Transportation (DOT) to continuously recycle the dredge spoil/mining sites as long as the ferries in question are operational. However, in the eventuality that this site or any other mining operations permitted by the DOT are abandoned, the Ferry Division will engage the Division of Highways' respective Division Roadside Environmental Operations to mobilize and perform any necessary reclamation work required by the respective mining permit and the Mining Act of 1971. Once the necessary restoration work has been completed by the DOT and deemed acceptable by the DENR, it is the DOT's understanding that it will be released from further reclamation obligation for the site in question and its mine permit file will be closed by the DENR. This possible activity has been discussed with the Division management of the Ferry Division where in the Southport ferry facility is located and they are receptive to performing the work if needed. Respectfully, J rry Gas 1 I Ferry Division Director FERRY DIVISION 113 Arendell Street, Maritime Building • Room 120 • Morehead City, NC 28557 PHONE(252) 726-6446 FAX (252)726-2903 NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environment And Natural Resources Divisi011 Of Land Resources sand Quality Section RECETVCD APR 27 2005 LaKgUA LATY SECTION 1612 Mail service Center Raleigh , North Carolina 27699-1612 (919) 733-4574 Revised 4/2002 • • NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine__ Southport Dredge Spoil Site - _ County Brunswick River Basin Cape Fear Latitude(dd.mm.ss) N 33.56 Longitude(dd.mm.ss) W 77.59 2. Name of Applicant* NCDOT— Ferry_Division 3. Permanent address for receipt of official mail** P.O. Box 57, Hatteras,NC 27943 Telephone 252-986-2136 4. Mine Office Address Telephone 910-457-6942 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 Oyk.a Date af J. V �5 Print Name Title "red a ti * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or,if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. APPLICATION FOR A MINING PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses must he clearly conveyed on a corresponding, detailed mine map. , A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: 1. a. If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage thatt e"new permit" fee will be based upon): 8 AC Of this acreage, how much is owned and how much is leased? Acres owned: 8AC Acres leased: Property owner if leased: b. If this is an application for RENEWAL of a mining permit,indicate the mining permit number and the total (overall) acreage covered by ihe existing permit: Mining Permit No.: Total permitted acreage(this is the acreage that the"renewal" fee will be based upon): c. If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered y the existing permit: Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes_No_. If yes, indicate the acreage to be covered by this modification(this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes No . if yes, indicate the additional acreage to be covered by this modification: (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed)by the mining operation? Yes No (if no,a"minor modification" fee of$50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit(the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): d. If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered y�fit a 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 and silt 3. Mining method: Hydraulic Dredge Front-end Loader&Truck Shovel&Thick Dragline&Truck Self-loading Scraper Other(explain) Hydraulic Excavator and truck -2- APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) Existing ground level Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Natural ground level b. Expected average depth of mine(feet) 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? 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 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 ad''oining 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: I. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-99 Acres I inch= 50 feet 100-499 Acres 1 inch = 100 feet 500+ Acres I inch=200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- APPLICATION FOR A MINING PERMIT A tabletchart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing areathaul roads,mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds Stockpiles Wastepiles Processing Area/Haul Roads Mine Excavation Other NOTE: IN ADDITION TO THE ABOVE,THE MAPS MUST ALSO INCLUDE ANY SITE-SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONSISTATEMENTS THROUGHOUT THE FORUM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE. WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. 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. Material will be removed by hydraulic excavator into truck and carried to disposal site 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), wastepiles, access/mine roads and process areas),and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s)and provide typical cross-sections/construction details of each measure. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. No erosion control other than seeding and mulching anticipated. 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? Yes No X . If yes, do you intend to dewater the excavation(s)? Yes No X . If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine 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. 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. 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? Limited hauling—No dust controls. -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). Buffer already established 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). All berms are 50'f and are the buffer zones. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to l vertical slopes or flatter 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. As this is a spoil site there will be no instability adjacent to boundaries. -8- APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine maps)for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of an benches andlor slope drains(with supporting design information) if needed, and the method offial stabilization. Typical existing berm cross-section 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). 2 to l for flatter for any containment berm that must be reconstructed. 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. N/A 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. No hazards to other property expected. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will lie 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). Fenced area to provide security due to ferry site.No access expected through ferry entrance, Security guard at night -s- 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. Spoil area is screened from NC 211 BY heavily wooded berm and other natural vegetation 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? No I L Will explosives be used? Yes No X If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information maybe required on the blasting program(such as a third- party blasting study). Locate the nearest offsite occupied structure(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes No X If yes, describe these materials, how they will be stored and method of containment in case of spill. Indicate. the location(s) of all storage facilities on the mine map(s). N/A -io- APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN l. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used-in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross-sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent channels must be indicated on the reclamation map. This spoil material is being sold to provide ample volume to deposit dredge spoil again from The proposed dredging operation at the adjacent ferry terminal. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes No X Ifyes, 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. 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. Heavily wooded buffer zones and chain link fence. -11- APPLICATION FOR A MINING PERMIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on-site mine waste areas, including specifications for benching and sloping. Final cross-sections and locations for such areas must be provided on the reclamation map. Any unsuitable material will be used to reconstruct berm for later use as dredge spoil Site containment 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. There will be no processing or stockpile areas, any onsite roadways will remain To provide continued access to_spoil site. b. Will any on-site roadways be left as part of the reclamation? Yes X No . Ifyes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization, 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 of items to be disposed in said areas. No scrap or junked machinery is expected to be generated as a result of this operation. -12- APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for permanent revegetation and, if necessary,temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; £ 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): As needed to be determined by spoil site test reports FERTILIZER- ANALYSIS AND RATE OF APPLICATION (pounds/acre): 500# l 0-20-20 SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed T es: Seedina Dates: Seeding Rates- Pensacola Bahiagrass Jan 1 —Dec 31- 50# Tall Fescue Jan 1 —Dec 31 50# Common Bermuda Jan l —Dec 31 10# Sericea Lespedeza Jan l --Dec 31 25# MULCH- TYPE AND RATE OF APPLICATION(pounds/acre)AND METHOD OF ANCHORING: 3 tons of grain strawtacked with 200 gal asphalt per acre OTHER VEGETATIVE COVERS —TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Signature Date Print Name Title Agency -13- � s APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond(based upon a range of$500 to $5,000 per affected acre)for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the approximate acreage,for each aspect of the mining operation. that you intend to affect duringt he life of this miningpermit(in addition, Please insert the appropriate reclamation costlacre for each category from the Schedule o,(Reclamation Costs Provided with this application,form) OR you can defer to the Department to calculate your bond for you based upon your maps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE"" COST Tailings/Sediment Ponds: Ac. X $ /Ac. W $ Stockpiles: Ac. X $ /Ac. — $ Wastepiles: Ac. X $ /Ac. _ $ Processing Area/Haul Roads: Ac. X $ /Ac. _ $ Mine Excavation: Ac.- X $ /Ac. _ $ Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: Ac. (TOTAL PERMITTED AC.: Ac.) TcrnporM& 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 offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1,500.00 = S. SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life(Ito 10 years): INFLATION COST: $ TOTAL COST = SUBTOTAL COST + INFLATION COST = $ Total Reclamation Bond Cost: $ See Attached Letter (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 permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. NOTE: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA,AS REQUIRED BY NCGS 74-50(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 v e r r N has applied on (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 nm surface mining permit M (b) a modification of an existing surface mining permit to add land to the permitted area The applicant proposes to mine on c acres located (Mineral, re) (Number) (Miles) of k P4 r± off/near road — 7:// _ (Direction) (Nearest Town) (Number/Name) in $ .g4 �Ckounty. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b1), 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 are adjoining the mining permit boundary; if an adjoining tract is owned or ]eased 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 iEnformation.hcgarding the spcCjfics of the proposed mining activity,,�please-contact the;ap lican�the following telephone number^ Z,77, —2d �.3[e— For information on the mining permit application review process, please contact the Mining Program staff at (919) 733-4574. comments/documentation within the provisions-of the Mining Act of 1971 throughout the application_xeview process until, final decision is made on the application. A�C z)o T-J"4'wbrV_15'�— 92 O e/9-'�1 (Addressee/Owner of Record's (Name of Applica t: Include Contact Person T Name and Address) & Company Name, if A plicable) I-- 4+ -er.4 5 C910AlG 27¢5F3 (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record) NOTICE Pursuant to provisions G.S. 74-50(bl)of The Mining Act of 1971,Notice is hereby given that N.C.D.O.T. - FERRY DIVISION has applied on 4/12/05 (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 Sandy Silt on 8 acres located 1 (Mineral,Ore) (Number) (Miles) East of Southport off/near road 211 (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(bI), 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 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). 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 ry_ardiny,.the specifics of the proposed mining activity, lease contact the apRIlcant at the'—following telephone number: 252-986-2136 . For information on the mining permit application review process, please contact the Mining Program staff at 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. N.C.D.O.T. —FERRY DIVISION—M.J. GRAY (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) P.O. BOX 57, HATTERAS,NC 27943 (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record) -16- 0 APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 1, Moms J. Gray, Dredge Superintendent, an applicant,or an agent,or employee of an applicant, for anew 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, 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) Southport Trading Co., Pfizer LLC. P.O. Box 4893, Wilmington,NC 28406 Bald Head Island, Ltd. P.Q. Box 3069, Bald Head Island,NC 28461 Archer Daniels Midland Co. P.O. Box 1470, Decatur, IL 53525 (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.] Brunswick County Manager, Mr. Marty Lawing 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 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 re 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 with N.C.G.S. 74-50(b)) 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. 4/12/05 ature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: - (Name of applicant) Morris J. Gray, (title of person executing Affidavit) Dredge Superintendent . I, Jodi A Peele a Notary Public of the County of Dare, State of North Carolina, do hereby certify that Morris J_Gray. appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Wit=.47zrJ2J seal, this 12 day of Aril 2005 Notary: My Commission expires: 1-11-2009 -7.7- • �'"��•, •'� "`� ti ' , � , � ,f ,+ ` �1 i ' .."4 -- i � � � r NCDOT I_8S WTLLIRMSTON- Fax:2527994036 Feb 28 '0 Post-ir Fax Note 767 f�6 Pa6a6� Z v0dWo lS GPAY prom Of'5 Ac- C°JD*fA• QrAFfY 00 L 4f S phom y phwe*leoz-"lf-?Zio3 - . 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't-�--r- 'r-t-�-• -r-.-1• --r'r_+- 97•�� uY�.•tZTOS���T-jug.-ZbZZ�^ - — •— SNO11033 SS080 ZO'd £Z:�T 50ll qad KOV66ZZSZ:xQ. *WUMIM WI IOQON . u ' NCDOT--SOUTHPORT, NC L (REPUTED OWNER) ARCHER DANIELS MIDLAND CO. f Q .yam ' 04j (REPUTED OWNER) -12 SOUTHPORT TRADING COJPFIZER TR. LLC rir RE rr . HCDOT-Ferry Division Ct7 7 _ I (REPUTED OWNER) BALD HEAD ISLAND LTD. + -4/ J. .. CAPE FEAR RIVER 9JUT T try This map is prepared for the inventory of real property found within this jurisdiction,and is compiled from recorded deeds,plats and other public records and data.Users of this map are hereby notified that the aforementioned public primary information sources should be consulted for verification of the information contained on this map.The County assumes no iegat responsibility for the information contained an this map.The current date is:31212005 The data effective date is:February 12,2005 http://gis-brunsco.Ilet/serelet/com.esri.esrimap.Esritnap?ServiceName=Bninswick&ClicntVersion=4.Q&Fi?rmT 1'rL)e&.F.airnfie=Fai ;f�l7flf]S