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3 7 '0?Wb.A NORTH CAROLINA Department of Environmental Quality 1 North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT ® PERMITTED MINE SITE ❑ UNPERIN11TTED MINE SITE 1. MINE NAME: J.F. Russ & Sons Mine #2 2. MATE LOCATION: Russtown Rd NW 3. COUNTY: Brunswick 4. RIVER BASIN: lumber S. CASE: _ 6. OPERATOR: J.A. Russ & Son Inc. 7. ADDRESS: 5621 Beach Dr. SW, Ocean Isle Beach,NC 28469 S. M NEI G PER-NUT #: 10-80 ❑ NIA 9. PERMIT EXPIRATION DATE: ® N/A 10. PERSON(S) CONTACTED AT SITE: none—no one on site 11. PICTURES? ® Yes ❑ No TAKEN BY: Digital Camera 12. TYPE OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: ac. (attach sketch map) 2. How was this area measured? Measured by: ❑ B. Routine Inspection (Permitted Mine Sites) Z C. Follow-up Inspection 13. Date of last inspection:. 3/22/2018 14. Any mining since that date? ® Yes ❑ No If yes,cite evidence of such mining activity: Pit larger along southeast section of mine area and additional stock Iles. 15. Was mine operating at time of inspection? Yes ® No -If yes, explain: 16. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No ❑ N/A If no, explain: _3A: Sufficient buffer (minimum 50ft undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural }watercourse or wetland. 5: All affected area boundaries shall be permanently marked at the site on 100-ft intervals unless the line of sight allows for lar er spacing intervals. 17. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No ❑ N/A If no, explain: 18. Is there any off-site damage? A. ❑ Yes B. ❑ No C. ® None observed If A,describe the type and severity of the damage: If B or C, is there potential for offsite damage? ❑ Yes ® No Explain: 19. Corrective measures needed and/or taken: Tree line used to denote LOD boundaries of property boundaries_Add vegetation to buffer along the southern border of site. No longer_dewatering,at time of inspection. Should dewateriny,take place, dewater pit to it. The pipe leading off site on the south eastern border should be removed or a NPDES NCG02 Pen-nit and modification to the mine permit will be required. Failure to comply ma result in a Notice of Violation and possible penalties. _. ._. .,.,.,...__. 20. Other recommendations and comments: 21. Is the Annual Reclamation Report f/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed ❑ N/A 2016 ARR has not been received by the regional office if it has not been submitted please do so. 22. Follow-up inspection needed? ® Yes ❑ No Proposed date August 2018 23. No. of additional pages of Inspection Report t00 24. Copy of Report sent to operator 07/11/2018 INSPECTED BY: Connor Musial %. � DATE 07/1 1/2018 Telephone No: 910 796-7372 Copy to fife Copy to operator RE -Copy to�'Mining Specialist JUL 2 6 2018LAND QUALITY �J MINING PROGRAM ROY COOPER Governor MICHAEL S. REGAN Secretary Energy,Mineral& TRACY DDAVt5 Land Resources ENVIRONMENTAL QUALITY December 1, 2017 J P Russ & Sons Inc J P Russ & Sons Inc 5621 Beach Drive SW Ocean Isle Beach, NC 28469 RE: Mining Permit No. 10-80 J.P Russ& Son Mine#2 Brunswick County Dear J P Russ & Sons Inc: 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, William"Toby"Vinson, Jr., PE, CPM Interim Director, DEMLR State of North car Ana I Environmental Quality I Energy,.Miriera[and Land ltryourwes 512 N.Saltshory Street I Ibi21v9ait Service Center I Raleigh,North Carolina 27699,•1612 919 707 92 00 NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R, van der Vaart Governor June 22, 2015 Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED 7013 2630 0001 8990 2067 Mr. Daniel Russ J P Russ & Son, Inc. 5621 Beach Drive SW Ocean Isle Beach, North Carolina 28469 RE: J P Russ & Son Mine #2 Mining Permit No. 10-80 Brunswick County Lumber River Basin Dear Mr. Russ: We have received the $8,500.00 Surety Bond No. issued by North American Specialty Insurance Company for the referenced mining operation. As this new surety bond sufficiently covers the mining operation, the enclosed Surety Bond No. for $8,500.00 issued by Travelers Casualty and Surety Company of America is hereby released by the Department of Environment and Natural Resources for your disposal. This office is closing its bond cancellation/forfeiture action. Thank you for your cooperation and prompt attention to this matter. If you should have any questions on the above, please contact me at (919) 707-9220. Sincerely, 4ehJu ith A. r Assistant State Mining Specialist Land Quality Section Enclosure: Surety Bond No. cc: Mr. Dan Sams, PE Ms. Jane L. Oliver, Esq. Attorney General's Office Mr. John Payne, Esq., Attorney General's Office Division of Energy, Mineral,and Land Resources Energy Section •Geological Survey Section - Land Quality Section 512 North Salisbury Street, Raleigh, North Carolina 27604•Internet:http://portal.ncdenr,orglwebArl Mailing Address: 1612 Mail Service Center,Raleigh,North Carolina 27699-1612-919-707-92001 FAX:919-715-8801 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper July 23, 2008 MEMORANDUM TO: File FROM: Brenda M. Harris, Sec 4 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 A ;A 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 William G. Ross Jr., Secretary July 23, 2008 Mr. Daniel T. Russ JP Russ & Son, Inc. 5621 Beach Dr. SW Ocean Isle Beach, North Carolina 28469 RE: J.P. Russ & Son Mine #2 Brunswick County Lumber River Basin Dear Mr. Russ.- The application for a mining permit for the above referenced mine site has been found to meet the requirements of G.S. 74-51 of The Mining Act of-1971. As we have received the required security to cover this application, I am enclosing the mining permit. The conditions of Mining Permit No. 10-80 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 July 23 2018. 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 at this site is 18 acres and the amount of land' you are approved to disturb is 11.85 acres. Please review the permit and contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 of any objection or questions Concerning the terms of the permit. Sincerely, Floyd R. Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRWIjw Enclosures: Permit No. 10-80 Notice of Issuance CC' Mr. Dan Sams, PE Ms. Shannon ❑eaton -WRC, w/permit Mr. Bradley Bennett-DWQ, wlpermit Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures US Fish and Wildlife Service, wl permit 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina,27604 An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 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 July 23, 2018, 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 the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4, A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent "surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected areas around the mine excavations shall be diverted internal to said excavations or into the approved sediment and erosion control measures. C. No dewatering activities shall occur at this site. D. Mining activities shall occur as indicated on the mine map dated October 18 2007 received by the Land Quality Section on February 28, 2008, and the revised reclamation map received on April 18, 2008. Page 4 5. All affected area boundaries shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. in any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public_ 9. Sufficient buffer (minimum 25 foot undisturbed except for the placement of any necessary screening berms or tree planting) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the.mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of 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 Page 5 D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of an $8,500.00 surety bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining-Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 B. The'side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition Nos. 10A through 10D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the Revegetation Plan approved by Donald R. Butler, PE on December 6, 2007, or the following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15- April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October Lespedeza (unscarified) 30 German millet 40 October 25- February 15. Rye (grain- temporary) 120 Soil Amendments Lime - 2000 lbs/acre or follow recommendations from a soil test. Fertilizer- 1000 Ibs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Page 8 Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibs/acre and anchored appropriately. Whenever possible; disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 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 23nd day of July, 2008 By: "C- James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources 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 J P Russ and Son, Inc. to conduct mining activities off SR 1315 (Russtown Road) in Brunswick County. The mining permit (no. 10-80) was issued on July 23, 2008. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 150B-23 of the Administrative Procedure Act (APA).' If you believe that you are an aggrieved party within the meaning of the APA, a petition for a contested case must be filed in the Office of Administrative Hearings within sixty (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 Ms. Mary Penny Thompson, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. Jams 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 Wehner, Judy From: Daniel Russ <druss@atmc.net> Sent: Wednesday, June 17, 2015 12:28 PM To: Wehner,Judy Subject: Re: more declined Attachments: 2015 New Russtown Bond.pdf Ms. Judy, Hope you have been doing good. Have not talked to you in a while. I received a letter regarding the bond cancellation on J P Russ & Son Mine #2, Permit No. 10-80, Brunswick County, Lumber River Basin. Attached is the new bond. I will be mailing the original today in the mail. Let me know if this is good. Take care. Daniel Russ J.P. Russ & Son Inc 5621 Beach Drive SW Ocean Isle Beach, NC 28469 druss@atmc.net From: Wehner;_Judy Sent: Wednesday, April 24, 2013 2.19 PM To• Daniel Russ Subject: RE: more declined Thanks. Its number 5 on my list. From: Daniel Russ (mallto:druss0)atmc.net] Sent: Wednesday, April 24, 2013 2:11 PM To: Wehner, Judy Subject: more declined Ms. Judy, Attached are two more of the tickets that nobody received. Do you know where they are with my mine permit? Thank you. Daniel T. Russ, President J. P. Russ& Son, Inc. 5621 Beach Drive SW Ocean Isle Beach, NC 28469 vvenner, rua From: Sams Sent: Mon] ,June 15, 2015 2:42 PM To: Wehner,Judy Cc: Conway,Jean Subject: RE: Russ Mine# 2 1 get word back to you next Monday, 6/22. From: Wehner, Judy Sent: Monday, June 15, 2015 2:30 PM To: Sams, Dan Subject: RE: Russ Mine # 2 1 need to send it to the AGO 6/29, From: Sams, Dan Sent: Monday, June 15, 2015 2:28 PM To: Wehner, Judy Subject: RE: Russ Mine # 2 How much time is left before the bond expires? From: Wehner, Judy Sent: Monday, June 15, 2015 2:27 PM To: Sams, Dan Subject: RE: Russ Mine # 2 Do we need to collect the bond and reclaim the site? From: Sams, Dan Sent: Monday, June 15, 2015 2:21 PM To: Wehner, Judy Subject: Russ Mine # 2 Judy: Let me know if this version of the IR is more palatable to the OAG. Thanks.... clan 1 Wehner, Judy From: Conway, lean Sent: Tuesday, June 02, 2015 3:48 PM To: Wehner,Judy Cc: Sams, Dan Subject: 10-80 06022015 Russ Mine Attachments: IMG_3475.JPG; IMG_3481.JPG;IMG_3484.JPG;IMG_3495.JPG; 10-80 06022015.docx Hay Judy, Here is the report for the Russ mine inspection 10-80 that you requested because of bond letter. Most of the site is still being farmed but the back part of the site had stockpiles of dirt, asphalt and debris as well as the ditch being dug out and what appears to be a road along the ditch being graded. Probably was existing and being reworked but I have a call into Mr. Russ to find out what is going on. Let me know if you need more info. Jean 910-796-7315 i • Natural Resources, Carolina Department of Environment and Nat Resources, P Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME J.P. Russ & Son Mine #2 2. MINING PERMIT # 10-80 3. OPERATOR J.P. Russ & Son Inc. 4. COUNTY Brunswick 5. ADDRESS 5621 Beach Dr. SW, Ocean Isle Beach NC 28469 6. PERMIT EXPIRATION DATE 07/23/2018 7. RIVER BASIN Lumber 8. Person(s) contacted at site None 9. Was mine operating at time of inspection? ❑ Yes ® No 10. Pictures? ® Yes ❑ No 11. Date last inspected: 03/05/2012 12. Any mining since last inspection? ❑ Yes ® No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ®No If no, explain: 4 A.)Adequate mechanical barriers ...shall be provided in the initial stage of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake wetland or natural watercourse. 10 A.) No on-site disposal of reuse or other solid waste generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorized by Div. of Waste Management. 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: Sediment observed in ditch from disturbed eroding•_slopes 16. Corrective measures needed and/or taken: Install sediment and erosion control measures to retain sediment onsite. Dispose of asphalt and vegetative debris properly. Submit a sediment and erosion control glan for land disturbance activity being conducted outside the mine boundary_ if more than one acre of land is being affected. Either way, erosion control measures will need ._.. .i__. d permanently g to. he installed to retain sediment on site and slopes will need to be stabilized and vegetated. ., ....,.... 17. Other recommendations and comments: No mining activity observed A few stockpiles of dirt, asphalt and vegetated debris on-site. Site mostly covered overed with„planted crops. Land disturbance outside mining_Iimits along ditch and ditches have been dug out deeper with dirt piles and erosion observed. 18. Is the Annual Reclamation Report+/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed 19. Follow-up inspection needed? ® Yes ❑ No Proposed date 7/1/2015 20. No. of additional pages of Inspection Report 0 . 21. Copy of Report sent to operator 03/06/2012 INSPECTED BY: Jean Conway DATE 6/02/2015 Telephone No: 910-796-7315 T Copy to file Copy to operator Copy to Mining Specialist 1' • cif• � ♦ r Y 1 4� 1 7+ } � r i t , t � r 1 r r � r � � � t r , 6 � f t �3 r s i i r r , + 1 } i 111x -f•�11 '�+ A �I r r + �1 F A'!''Al ,r y i! f a Nd Ar Its Y-AW NCQENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor May 29, 2015 Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED BOND CANCELLATION & FORFEITURE NOTICE 7013 2630 0001 8990 1909 7013 2630 0001 8990 1916 Mr. Daniel T. Russ Ms. Pamela A. Flemming J P Russ & Son, Inc. Travel Casualty & Insurance Co 5621 Beach Drive SW Travelers Bond Ocean Isle, North Carolina 28469 1440 Carmel Commons Blvd. Suite103 Charlotte, North Carolina 28226 RE: J P Russ & Son Mine #2 Permit No. 10-80 Brunswick County Lumber River Basin Dear Mr. Russ and Ms. Flemming: This office has received notification of Travelers Casualty and Insurance Company's intent to cancel J P Russ & Son, Inc,'s $8,500.00 mine reclamation bond (Surety Bond No. 105140936). Although the notice states the effective cancellation date is June 30, 2015, G.S. 74-54 states that cancellation by the surety shall be effectuated only upon 60 days written notice to the Department and the operator. This office received Traveler Casualty and Insurance Company's notice on May 29, 2015. Therefore, the effective date for cancellation of this bond is-July 28, 2015, Please note that if the bond is not reinstated or replaced by June 28, 2015, the mining permit will be automatically revoked (G.S. 74-50(c)). Thus, all mining activities must cease and the entire mine site must be completely reclaimed. Should any further mining activities occur at the.site(s) after this date, such activities will be considered mining without a permit and subject to further enforcement action, such as civil penalties and injunctive relief. As a surety is required to maintain the validity of the mining permit(s), please arrange to substitute this bond. I am enclosing another surety form, an assignment of savings account form and an irrevocable standby letter of credit form, any of which may be used to replace the existing surety. 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 I FAX;919-715-8801 512 North Salisbury Street, Raleigh,North Carolina 27604•Internet:http,Ilportal.ncdenr.org/webllr! An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 0 CERTIFIED MAIL Mr. Russ and Ms. Flemming Page 2 Please be advised that this reclamation bond must remain in full force and effect until it is reinstated or replaced, or the site is completely reclaimed and deemed releaseable by the Department. A review of our records indicates that the mining permit for the above referenced mine site is still active and, therefore, a valid mine reclamation bond is still required until all outstanding reclamation obligations have been met at the site. If a substitute reclamation bond is not received by this office within this deadline, or if reclamation of the site(s) has not commenced and is proceeding in a timely manner by this deadline, this matter will be referred to the Attorney General's Office for initiation of bond forfeiture-proceedings under G.S. 74-66(d) to ensure proper reclamation of the mine site(s). In addition, failure to address the terms of this Notice may result in the assessment of civil penalties and/or injunctive relief against the permittee. Please contact me at (919) 707-9220 as soon as possible to convey your intentions in this matter. Your cooperation will be greatly appreciated. Sincerely, q.414CA Judith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosures: Bond Forms cc: Mr. Dan Sams, PE Ms. Jane L. Oliver, Esq., Attorney General's Office Mr. John Payne, Esq., Attorney General's Office Wehner, Judy From: Sams, Dan Sent: Friday, May 29, 2015 3:13 PM To: Conway, Jean Cc: Wehner,Judy; Miller, Carol Subject: FW: Bond Cancellation Notice 10-80 Attachments: 10-80 Bond cancellation notice 2015.pdf Jean: The mine in question needs to be inspected regarding its current status. Let me know if you want help with it. Thanks.... dan From: Wehner, Judy Sent: Friday, May 29, 2015 3:10 PM To: Sams, Dan; Miller, Carol Subject: Bond Cancellation Notice 10-80 Here's the notice I received for J P Russ#2. Please inspect for reclamation. List all of the outstanding reclamation on the MIR and upload the MIR and pits to IBEAM. Thanks! 1 TRAVELERS 1� i Misc.Comm.Surety NOTICE OF CANCELLATION POLICY NO. � FOR NON-PAYMENT OF PREMIUM Issue Date 05/26/15 Insuring Company:' TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ACCOUNT Page 2 of 3 Named Insured JP RUS3&SON,INC Agent FREDERICK INS a RES� VED and Mailing Address 5621 BEACH DRIVE SW OCEAN ISLAND BEACH NC 29469 Please contact your agent if you have any questions. I'f`S� 20 ""� PHONE: (919) 847-3511 LAM)QUALITY SECTION EFFECTIVE DATE OF CANCELLATION: DUNE 30, Z015 We are pleased to have you as a customer and would like to continue to provide your insurance. Unfortunately, we have not received the premium payment due on this policy. Therefore, your policy shown on this notice will be cancelled on the effective date of cancellation shown above, at the time the policy became effective. We will refund any premium due you. We regret having to take this action, and will be pleased to rescind the cancellation if we receive the minimum due on/before the effective date of cancellation. In that event, we will send you a notice of reinstatement continuing your coverage. Premium Information POLICY NUMBER POLICY PERIOD 05/13/15 Previous balance $100.00 Pay MINIMUM DUE $100.00 Either Amount TOTAL DUE $100.00 By DUE DATE JUNE 30, 2015 The policy number shown above consists of your CL policy number and policy form. For the complete Policy number refer to your policy paper. This bill is rendered by The Travelers affiliated company indicated on the policy shown on this notice. If you are paying with a check from a Personal Checking Account, you authorize us to either use information from Your check to make a one-time electronic funds transfer from Your account or to process the payment as a check. If you are paying with a check from a Business Checking account, we will process the payment as a check. Please detach the return stub and mail with your payment in the enclosed envelope to: TRAVELERS CL REMITTANCE CENTER, PO BOX 660317, DALLAS, TX 75266-0317. ......................................................................................................_........................i 648844C 2015146 8387 135 OXJ679 Payment Coupon Make checks payable to: TRAVELERS FREDERICK INS & BENEFITS Include Account Number on the check. JP RUSS & SON, INC 7619C7139 0105140936 S ❑ Change of Address? TOTAL BALANCE Place an"X"here. t 10 0.0 0 Print changes on reverse side. PAYMENT MUST BE RECEIVED BY TRAVELERS CL REMITTANCE CENTER JUNE 30, 2015 PO BOX 660317 MINIMUM DUE DALLAS, TX 75266-0317 0100.00 'IIII,IIlu11..1111111111il INN III II'I"III Il"I"II'lII'IIIIIII'I C AMOUNT ENCLOSED F TRQVELERS~J s lotice of Cancellation P.O. BOX 26385 RICHMOND, VA 23260-6385 Account Page 1 of 3 135 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT LAND QUALITY SECTION RALEIGH NC 27699 YOUR INSURANCE POLICY IS SUBJECT TO CANCELLATION. PLEASE SEE REVERSE SIDE FOR NOTICE OF CANCELLATION. CLDBNOC PL•9837 TRAVELERSJ� Notice of Cancellation P.O. Box 26385 RICHMOND, VA 23260-6385 Account Page 3 of 3 * *************** *** ***** * ****** QUESTIONS? * **** ***** ** * *** *** * ******* *** If you have any questions about this statement, please contact your Agent, Travelers Billing Customer Service or the Travelers on-line Telephone Inquiry Service. To reach the Travelers Billing Customer Service or the Telephone Inquiry dial 1-800-252-2268 and follow the instructions. Your 9 character billing account number is: --- 7619C7139. 648844C 2015146 8387 135 OXJ679 CLQBNOC3 PL-9837 TRAVELERS INSURANCE 00020 DBS - 135 01051409 36S 150513 P.O. BOX 26385 RICHMOND, VA 23260-6385 7194 7019 5845 1432 7319 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT LAND QUALITY SECTION RALEIGH NC 27699 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME J.P. Russ & Son Mine#2 2. MINING PERMIT 4 10=80 3. OPERATOR J.P. Russ & Son Inc. 4. COUNTY Brunswick 5. ADDRESS 5621 Beach Dr. SW, Ocean Isle Beach NC 28469 6. PERMIT EXPIRATION DATE 07/23/2018 .,7. RIVER BASIN Lumber 8. Person(s) contacted at site None 9. Was mine operating at time of inspection? ❑ YeA ® No 10. Pictures? ❑ Yes ® No 11. Date last inspected: None 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 G]No If yes,describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: No work to date. Please tell me if I am looking in the right place. IS. Is the Annual Reclamation Report+I- map accurate? ® Yes ❑ No(Explain) ❑ Not Reviewed 19. Follow-up inspection neededT;❑ Yes ® No Proposed date 20. No. of additional pages of Inspection port 0 . 21. Copy of Report sent to operator 03/06/2012 INSPECTED BY: Brian Lamb — DATE 03/05/2012 Telephone No: 910-796-7314 Copy to Ole Copy to operator Copy to Mining Specialist �_..-.._._. �...___ .�. . _ .::.:,:�_ ._ .-�..... _�._ :,• ,___..' -_-_..r-.... .. ...- .,.. Pamela A.Flemmirsg_. Travelers i Underwditer Travelers Bond One Tower Square 11440 Carmel Commons$tvd. Hartford,CT 06183 Charlotte, NC 28226 Phone:704.544.3703 Fax:704.5443670 E-mail:pflemmin@travelers-com June 9, 2011 f Ashley Rodgers1 V Assistant State Mining Specialist NCDENR Land Quality Section !UN 2 1612 Mail Service Center Raleigh,NC 27699 At,►T e �, GTd4� Re: JP Russ & Son, Inc. Bond No. Asley, We inadvertly served direct notice of cancellation for this bond in error. Please re-instate this bond immediately with no lapse in coverage. This bond will remain in full force and effect. amela A. Flemming T,L Rodgers, Ashley From: Flemming,Pamela A[PFLEMMIN@travelers.com] Sent: Thursday, June 09, 2011 10:29 AM To: Rodgers, Ashley Cc: Flemming,Pamela A Subject: RE: JP Russ & Sons, Inc. - Reinstatement Notice Attachments: JP Russ.doc Please see the attached; hard copy is being sent by certified mail. Thanks! From: Rodgers, Ashley fmailto:ashley.rodgersCa@ncdenr.gov] Sent: Thursday, June 09, 2011 10:16 AM To: Flemming,Pamela A Subject: RE: JP Russ &Sons, Inc. - Reinstatement Notice Surety Bond No. 105140936 Ashley Rodgers Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (91.9) 733-4574 (919) 715-8801-fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Flemming,Pamela A n ailto:PF_ i_EMMIN@travelers.com] Sent: Thursday, June 09, 2011 9:48 AM To: Rodgers, Ashley Subject: RE: JP Russ & Sons, Inc. - Reinstatement Notice Ashley, I have several JP Russ and Sons; what is the bond number? From: Rodgers, Ashley fmailto:ashley.rodgersC@ncdenr.gov] Sent: Tuesday, June 07, 2011 11:26 AM To: Flemming,Pamela A Cc: lee iohnson2@bellsouth.net Subject: JP Russ &Sons, Inc. - Reinstatement Notice Pam, � y I received the reinstatement notice for JP Russ&Son, Inc. Surety Bond No. 105140936 yesterday. However, it is not sufficient for us to consider the bond reinstatement valid. The problem is with the last statement on the notice (where it basically says if the payment doesn't go through, the reinstatement is considered null and void). we need something definitive from Travelers stating that yes, the bond is reinstated and is in full force and effect. (without the general caveat on the notice) Can you please send me a revised reinstatement notice, which clearly says that the bond is reinstated fully(with no caveat)? If you have any questions, please email or call me. Thanks, Ashley Rodgers Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (919)733-4574 (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. This communication, including attachments, is confidential, may be subject to legal privileges, and is intended for the sole use of the addressee. Any use, duplication, disclosure or dissemination of this communication, other than by the addressee, is prohibited. If you have received this communication in error, please notify the sender immediately and delete or destroy this communication and all copies. This communication, including attachments, is confidential, may be subject to legal privileges, and is intended for the sole use of the addressee. Any use, duplication, disclosure or dissemination of this communication, other than by the addressee, is prohibited. If you have received this communication in error, please notify the sender immediately and delete or destroy this communication and all copies. 2 4 �J Travelers' Pamela A. Flemming Underwritter One Tower Square Travelers Bond Hartford, CT are 11440 Carmel Commons Blvd. Charlotte, NC 28226 Phone:704.544.3703 Fax:704.5443670 E-mail:pftemmin@travelers.com June 9, 2011 Ashley Rodgers Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh,NC 27699 Re: JP Russ & Son, Inc. Bond No. I Asley, We inadvertly served direct notice of cancellation for this bond in error. Please re-instate this bond immediately with no lapse in coverage. This bond will remain in full force and effect. Pamela A. Flemming TRAVELERS J� 00570.RI FREDERICK INS 9 BENEFITS 8317 SIX FORKS RD STE 103 RALEIGH NC 27615 Date of this Notice 06/02/1 1 Account No. CP 01 6640 G664OLKO 11152 00570 P1 Please contact your agent NORTH CAROLINA DEPARTMENT OF ENVIRONMENT With any questions, future LAND QUALITY SECTION policy changes and all RALEIGH NC 27699 address changes. FREDERICK INS & BENEFITS (91 9) 847-351 1 Insuring Company: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA REINSTATEMENT NOTICE We are pleased to tell you that your policy has been reinstated. POLICYHOLDER POLICY IDENTIFICATION NUMBER JP RUSS & SON, INC r TYPE OF INSURANCE POLICY PERIOD Surety 05/13/11 Receipt of funds dishonored upon presentment is not a valid means of reinstatement . Reinstatement will only occur when all conditions have been met . If these conditions have not been met the reinstatement will be null and void. 64$$26R 2011153 7378 135 axJ679 A 17Y SECTION CLOSREIN w Rodgers, Ashley From: Stinson,Tonya D (TSTI N SON @travelers.corn] Sent: Friday, June 03, 2011 3:41 PM To: Rodgers, Ashley Attachments: jp russ & sons.mht Tonya Stinson Travelers,Business Insurance Direct Billing Operations Account Service Representative PH 800.252.2268 (6485) FX 800.842.9569 `I-S'l-IN SON ravulers.corn PAYMENT&ACCOUNT INFORMATION: www.travelers.com Pay by phone:800.252.2268 Payments: Travelers CL Remittance Center Hartford, CT 06.183-.1008 ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ This communication, including attachments,. is confidential, may be subject to legal privileges, and is intended for the sole use of the addressee. Any use, duplication, disclosure or dissemination of this communication, other than by the addressee, is prohibited. If you have received this communication in error, please notify the sender immediately and delete or destroy this communication and all copies. 1 -El3i11 Statements Page 1 of 1 close Insured Name: Agent Name: Account Number: JP RUSS&SON,INC FREDERICK INS&BENEFITS 7619C7139 Reinstatement Notice Insuring Company: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Date of this Notice: 06/02/11 We are pleased to tell you that your policy has been reinstated. Policy Holder: Policy Identification Number: JP RUSS &SON, INC �I Type Of Insurance: Policy Period: S u rety 05113/11 Receipt of funds dishonored upon presentment is not a valid means of reinstatement. Reinstatement will only occur when all conditions have been met. If these conditions have not been met the reinstatement will be null and void. Please note that a copy of this notice is being mailed to your billing address via the US Postal Service. Erivacy I Legal Notices I Producer Compenamon Disclosure (0)2CI I The Travelers lndemniiy Company.AU rights reserved. 0 n l i n e , On 7' i ur r mhtml:file:HC:IDocuments and Settings\ARodgers\Local Settings\Temporary Internet Files\.., 6/3/2011 Rodgers, Ashley From: Rodgers, Ashley Sent: Thursday, May 26, 2011 4:41 PM To: 'lee johnson2@bellsouth.net' Subject: JP Russ & Son, Inc. Surety Bond Lee, If you would, please have Travelers send a letter rescinding the cancellation notice that we received today for Bond No. 105140936 (for JP Russ& Son, Inc. in the amount of$8,500.00) and letting us know that the bond will remain in full force and effect. They may email it to me, but I also need the original. If sent USPS, my mailing address is: Ashley Rodgers Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 If it comes FEDEX/UPS, our physical street address is: Ashley Rodgers Assistant State Mining Specialist NCDENR Land Quality Section 512 N. Salisbury Street—51"floor Raleigh, NC 27604 Please let me know if you have any questions. Thank you, Ashley Rodgers Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (919) 733-4574 (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 TRAVELERS INSURANCE 00030•C2 DOS - 135 01051409 36S 110513 P.O. BOX 26385 RICHMOND) VA 23260-6385 7194 7019 5841 1432 9485 CP 01 6640 66640LKG 11143 00030 P1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT LAND QUALITY SECTION RALEIGH NC 27699 FzEGENED 140 2 d 2011 aF4TION AW TRAVELERS J Surety NOTICE OF CANCELLATION POLICY FOR NON-PAYMENT OF PREMIUM Issue Date 05/24/11 Insuring Company: TRAVELERS CASUALTY AND SURETY COMPANY OFAMERICA ACCOUNT Page 2 of 3 Named Insured 1P RUSS&SON,INC Agent FREDERICK INS&BENEFITS and Mailing Address $621 BEACH DRIVE SW OCEAN ISLAND BEACH NC 28469 Please contact your agent it you have any questions. PHONE: (919) 847-3511 EFFECTIVE DATE OF CANCELLATION: JUNE 28,2011 We are pleased to have you as a customer and would like to continue to provide your insurance. Unfortunately, we have not received the premium payment due on this policy. Therefore, your policy shown on this notice will be cancelled on the effective date of cancellation shown above, at the time the policy became effective. We will refund any premium due you. We regret having to take this action, and will be pleased to rescind the cancellation if we receive the minimum due on/before the effective date of cancellation. In that event, we will send you a notice of reinstatement continuing your coverage. Premium Information POLICY NUMB. POLICY PERIOD 05/13/11 Previous balance $100.00 Pay MINIMUM DUE $100.00 Either Amount TOTAL.DUE $100.00 By DUE DATE JUNE 28, 2011 The policy number shown above consists of your CL policy number and policy form. For the complete policy number refer to your policy paper. This bill is rendered by The Travelers affiliated company indicated on the Policy shown on this notice. Please detach the return stub and mail with your payment in the enclosed envelope to: TRAVELERS CL REMITTANCE CENTER, PO BOX 660317, DALLAS, TX 75266-0317. .........................................................................a............................a...................u.... 648844C 2011144 7372 135 OXJ679 Payment Coupon Make checks payable to: TRAVELERS FREDERICK INS & BENEFITS Include Account Number on the check. JP RUSS & SON, INC 7619C7139 0105140936 S ❑ Change of Address? TOTAL BALANCE Place an"X"here. $100 .00 Print changes on reverse side. PAYMENT MUST BE RECEIVED BY TRAVELERS CL REMITTANCE CENTER JUNE 28, 2011 PO BOX 660317 MINIMUM DUE DALLlAS, TX 75266-0317 $100.00 Il�n�r�rlrnl�lr��ur��r�llnu���unll�nr�rrr���rr�l�l�lrf C AMOUNT ENCLOSED i AM TRAVELERS) ' Notice of Cancellation P.O. BOX 26385 RICHMOND, VA 23260-6385 Account 7619C7139 ^ Page 1 of 3 135 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT LAND QUALITY SECTION RALEIGH NC 27699 YOUR INSURANCE POLICY IS SUBJECT TO CANCELLATION. PLEASE SEE REVERSE SIDE FOR NOTICE OF CANCELLATION. r-GENE® �,_4 i`Y` SEcTION l CLDBNdC PL•9837 TRAVELERSJW P.O. BOX 26385 Notice of Cancellation ` RICHMOND, VA 23260-6385 Account 7619C7139 Page 3 of 3 ******** ******* *** * ******* ******* QUESTIONS? ***** *** ***** **************** * * * If you have any questions about this statement, please contact your Agent, Travelers Billing Customer Service or the Travelers on-line Telephone Inquiry Service. To reach the Travelers Billing Customer Service or the Telephone Inquiry dial 1-800-252-2268 and follow the instructions. Your 9 character billing account number is: --- 7619C7139. FRECEIVE® MAY 262011 iar4d WALITY SECTION 648844C 2011144 7372 135 DXJ679 CLDBNOC3 PL-9837 Mr. Russ Page Two Please contact Chastity Clark, Assistant State Mining Specialist, at (919) 733-4574 if you have any questions. Sincerely, eFlo/ydrVVilli/ams, PG, CPG, CPM State Mining Specialist Land Quality Section FRWIcnc Enclosures cc: Mr. Dan Sams, PE File 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: J.P. Russ & Son, Inc. J.P. Russ & Son Mine #2 Brunswick County - Permit No. 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: May 2018 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 th_e 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 shail 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 May *, 2008. 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 4 5. All affected area boundaries shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7_ The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become; noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 25 foot undisturbed except for the placement of any necessary screening berms or tree planting) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of 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 Page 5 D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1, the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3, verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control.plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $*.00 bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G, S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter Duman skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition Nos. 10A through 10D. E. 'The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the Revegetation Plan approved by Donald R. Butler, PE on December 6, 2007, or the following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15- April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye (grain- temporary) 120 Soil Amendments Lime - 2000 Ibslacre or follow recommendations from a soil test. Fertilizer- 1000 Ibslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. - - I CA c n CA Z b � Q4. -o • 'C ............ n m y r C y C? ti 2 oa � w a 1= Page 8 Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibsfacre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, biuestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit_ Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit issued this *th day of# 2008 By: James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources I i 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 the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission:. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected areas around the mine excavations shall be diverted internal to said excavations or into the approved sediment and erosion control measures. C. No dewatering activities shall occur at this site. D. Mining activities shall occur as indicated on the mine map dated October 18 2007 received by the Land Quality Section on February 28, 2008, and the revised reclamation map received on April 18, 2008. A�A NCDENR 'J4 I6?a North Carolina Department of Environment and Natural des Qg_ Division of Land Resourcesac,Ty���T� Land Quality Section James D. Simons, P.G., P.F. Michael F. Easley, ovemor Director and State Geologist William G. Ross Jr., Secretary May 5, 2008 a Mr. Daniel T. Russ Manager J.P. Russ & Son, Inc. , 5621 Beach Dr. SW Ocean Isle Beach, North Carolina 28469 RE: J,P. Russ & Son Mine #21 Brunswick County Lumber River Basin Dear Mr, Russ: Your application for a mining permit for the above referenced mine site has been reviewed but not yet approved. Enclosed is a draft of the mining permit proposed by the Department. The conditions in the draft permit were based primarily upon information supplied in your application. Other necessary conditions may have been added to ensure compliance with The Mining Act of 1971. The reclamation bond calculation worksheet submitted with the application has been verified. /The bond amount for this site is $8,500.00. The bond ($8,500.00) is required before the permit can be issued. For your convenience, I have enclosed a bond form, an assignment of a savings account form and an irrevocable standby letter of credit form. The name on the security form must be the same as the name appearing on the enclosed draft permit, i.e., J.P. Russ & Son, Inc. In addition to one of these alternatives you may, upon request, substitute a cash deposit. Please review the enclosed draft permit and contact this office should you have any objections or questions concerning the permit conditions. G.S. 74-51 provides that the operator has sixty (60) days following the mailing of a notice of the required bond in which to file the required surety. The permit will be issued when the required security has been received. No mining may be conducted until the permit is issued, 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. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina,27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Mr. Russ Page Two Please contact Chastity Clark, Assistant State Mining Specialist, at (919) 733-4574 if you have any questions. Sincerely, Floyd . Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRWlcnc Enclosures cc: Mr. Dan Sams, PE File 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- J.P. Russ & Son, Inc. J.P. Russ & Son Mine #2 Brunswick County - Permit No. 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: May *, 2018 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 May *, 2008. 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 the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N.'C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected areas around the mine excavations shall be diverted internal to said excavations or into the approved sediment and erosion control measures. C. No dewatering activities shall occur at this site. D. Mining activities shall occur as indicated on the mine map dated October 18 2007 received by the Land Quality Section on February 28, 2008, and the revised reclamation map received on April 18, 2008. Page 4 5. All affected area boundaries shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 25 foot undisturbed except for the placement of any necessary screening berms or tree planting) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of 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 Page 5 D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $*.00 bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 5 D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2, a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $*.00 bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition Nos. 10A through 10D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. ReveQetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the Revegetation Plan approved by Donald R. Butler, PE on December 6, 2007, or the following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15- April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye (grain- temporary) 120 Soil Amendments Lime - 2000 Ibslacre or follow recommendations from a soil test. Fertilizer- 1000 Ibslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Page 8 Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibslacre and anchored appropriately. J Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit issued this *th day of+ 2008 By: James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources Y NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James 0. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist William G. Ross Jr„ Secretary May 5, 2008 Mr. Daniel T. Russ Manager J.P. Russ & Son, Inc. 5621 Beach Dr. SW Ocean Isle Beach, North Carolina 28469 RE: J.P. Russ & Son Mine #21 Brunswick County Lumber River Basin Dear Mr. Russ: Your application for a mining permit for the above referenced mine site has been reviewed but not yet approved. Enclosed is a draft of the mining permit proposed by the Department. The conditions in the draft permit were based primarily upon information supplied in your application. Other necessary conditions may have been added to ensure compliance with The Mining Act of 1971. The reclamation bond calculation worksheet submitted with the application has been verified. The bond amount for this site is $8,500.00. The bond ($8,500.00) is required before the permit can be issued. For your convenience, I have enclosed a bond form, an assignment of a savings account form and an irrevocable standby letter of credit form. The name on the security form must be the same as the name appearing on the enclosed draft permit, i.e., J.P. Russ & Son, Inc. In addition to one of these alternatives you may, upon request, substitute a cash deposit. Please review the enclosed draft permit and contact this office should you have any objections or questions concerning the permit conditions. G.S. 74-51 provides that the operator has sixty (60) days following the mailing of a notice of the required bond in which to file the required surety. The permit will be issued when the required security has been received. No mining may be conducted until the permit is issued. 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G7 C4 ° m m z L3 Z COOC) m I m m � C N �y A OO `Ll m v m o ♦�..........,, N� PRELIMINARY MINING PERMIT MAP EAST COAST ENGINEERING �. ... . 9s on> n .j o ♦ ♦ w o x FOR to tea• �, 90•. ��Z z �' z� r z N a J.P.R USS & SON MINA & SURVEYING, PC �� c �N. wo- r r.+ -� ° 712 Village Road-Suite 105 - P.O. Box 2469 0 0� r?o n Shallotte, North Carolina 28459 N o BRUNSWICK COUNTY, NORTH CAROLINA 910.754.8029 Fax: 910.754.8049 0 � a ro l�f o m I �e 0 how I I z X d o z 00� m m � � UQ " m � g � Z ^^ m 0 m m 0 Z G) /' x z m m� �o m . � i Cm>.7 rn < 000 m n v w �• .� g p 1 ON gym ❑ O to (n Z n r m D P,/ • +`1 r i I^ / D mmZ ram '/ ••� YIIt +1\ II m -m m F Fwmz '- +',I l t+l Dmm � wZ (D �� " 1 � Z - m V rm 02 a t, ��" ' �k� • 1111t h �Z /mom G) M m cn z /' '1'f l / 1 It+1 H N-1 ` / I 0 y'g I. 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O cn i. 9L)MZFz am yc7zD m � I U) zi 0m' 02 fzmz 71 o m zY D cf) mm mm �� =0-m0 F N 1 I r I— m� D< Z "' mmm 0 `-- 498.OT m .� olpz � < yOmm m m yy $ co o-Z N y m> x 2' STEEL POST 3' STEEL POST m m� �m 2F D � D Z cow 0 '0q m 2=� o y 2' MIN. / C) i o 8 y m; L, o z $ FILTER FABRIC m � � � D 'ai3 pp , a� m0 >20N 9 � vri (n ~� C m NZa� m G z A m r m D mo m 1il j5ii!i; f41i o r m w x 0 Z o <m > z Z Z O 3 N D C o� 5, o z m �nX G� a r m a m 00 w / ah' 00 (D mn m Oz -ri DO m t`i A � z mm m m yz 02 -� C m m pp .LA z> m Z a= mm m y D �� W O O< ZO fm >i (� D 9 > m _ O p r A n 09 2 � rn- cnn a w ro ;- n g D Y m w w w 7 w fD 3 ID (n CD a O 0 0 � 3m cams CD0 (D � � � O mr o -00.� m (Dm wa : = a � w Z r w _ (D a n Ym w omm (D 3m a w � o O / 2: w 3mm � mv, o maw iy cv � 0 � 0 ••wc a 7 3 m to CD I C s (A 7 w (�D fD 7 O 31 c w m =to w m (p" 7 '< � fA -0 y 'w0 A N 3 n 2 Q m � fD N O m rA � x co w �' Er :3 .. Q !v m m w m � ac j mm o (D ° w 3 a 6 . cn d > w `� ° ° n 3 (D � v o o / I 1 ? 0 (D ? N ^7 y a O " (D (D .< w sz 3 m (°n• 0» aaw o 3 0 -- �c 3 co IN to s N y a C� N (n a O (D " 8 O rr, a w o m �_ Q r � m v, 0 7P � v; a 0 / I > CID SD 0 -0 a (D 3 w tz a (CD —: 6 c 3 fD z 3 a x o °o w � m p a 0 m o m w I (n e m s w 3 b a : �+ 0 (DCID IN m cD m 0 m 0 O y 3 x m 0 3 m e w ocn ya3 y m N ? (wn w c a I wSD m 3 z 5n o w < `� o w m w c s m w a m 7 m m m m rn ••••.......u.....•. z m o x •••,,.•boo•...P �09,. �C� RECLAMATION PLAN EAST COAST ENGINEERING N �a 0, a �, o0> n FOR m t�7 : O to pc t om: m Z �: z m m: cozy 0. J P R USS & SON MINE & SURVEYING, PC � Z r �: a: D Z m _ o N z�G �F9� �No' ca. `��� Y< o O T •' •' ycm d o do N �7 . F ........... .• r D m Tj n y N 0 712 Village Road-Suite 105 - P.O. Box 2469 As o Shallotte, North Carolina 28459 ti COUNTY, CITY, NORTH CAROLINA 910.754.8029 Fax: 910.754.8049 Revisions 02-26-08 ADD SILT Tpl'OF 3:1 SIDE SLOPE _ ELEVATION VARIES FROM 54.0'To sa.o• 04-17-08 ADD SILT PER TOP OF 3:1 _ SIDE SLOPE SEE SEEDING SCHEDULE FOR PULLINTO SLOPES BACK TO ESTABLISHMENT OF BLEND INTO EXISTING _ PERMANENT GRASS TERRAIN,TYP. EXISTING GROUND ELEV. _i I # WATER SURFACE ELEV.=51.5' _ —I I VARIES _ BOTTOM OF POND 3' I ELEV. =30.0' VARIES T RECLAMATION POND SECTION �! 1 NOT TO SCALE PROPOSED PIER PROPOSED PONDWATE _ o a SURFACE ELEVATION PROPOSED GAZEBO PROPOSED _� ., � 0 SILT FENCE It ONE 4 '2"I"E 57 00 _� ___\ S83°28'02"E TEMPORARY CONSTRUCTION _ -- _ _ _ _ =�__ _ `-= ;��, 860,gT } `-- -- EROSION CO ENTRANCE{SEE DETAIL) 5Q - _ ~�_ Y= T._ _ CONTROL NOTES r T U N77°21'06"E ~r -- -_ OODED Sedimentation 27239' n activities shall be performed to compliance .ti 0 R 1. All construction act- e a with the Sed' N Pollution Control Act of 1973. �� o z � ��- _- - _g , 1 disturbing activity is to be planned 56 — _ _ r 2. All land distu b' g ty p nn and conducted to limit exposure to the o d, - - shortest feasible time. a -- sOil 3. All disturbed areas shall be stabilized by the establishment of a permanent ground U v� N77°13'40"E 31.41' cover. ' 4. As soon as all areas are permanently stabilized, all permanent measures have been INV.aDT='S-1�S_ \ ` I i installed, and final approval is received from the Land Quality Section, the 1 temporary measures may be removed. -56 `�� \� ss. Y IPROPOSED 50 LF 30 ---- \\\ DOtIBLE-WALLED HDPE - o 5. Over the life of the project, controllingme os on of or shall Is to off-site ake di areas. Ifons to areas are @ 0.60+iSLOP� f 1 M evaluate the success measures to found where erosion is theaking situatpion.e, the Contractor shall take the necessary 6. Drainage patterns and erosion control measures are based on field information X�y' X— \ x_—_ - -- _ y l obtained during design. If actual field conditions differ from design conditions, a 6- —X - -'X — �_ -'=—�3 _�lti revised plan may be required. S84°27'53"E \ -- ��' ,' N84 28'47"W 269. _ � ti -�� \\ \ SPECIAL NOTE: ! r �� _ - 36.42 s _ STONE OUTLET�' ` - -' N83°26`4 , =--_-!`-x`'--X=�� v ,_\ i! POND SHALL BE STOCKED WITH BREAM AND BASS. ALL LAND NOT UNDER WATER PROTECTION \ 5 W 5 -- -_ ___ _` X�-- �\x y 4 \`f! F�) WILL BE PERMANENTLY VEGETATED WITH GRASS. PROPOSED ` ' ' �-N83°28'~ '1y�r - SILT FENCE \ ' 02 -�.OI 54 INV. OUT=51.2 `. 545.94' " N83°28'02"W AXLE. ~ � o a� O t� O � s`r00, r f. U 4 J�_NCDOT 6 M� EROSION CONTROL STONE 2" 3" DM-3",D-=5" COARSE AGGREGATE / S(SEE NOTE#5) 12"STAY SPACING PLAN VIEW (TYP.I � U MIN. 10 GA. ��STEEL POST TOP WIRE F- --*----WOVEN WIRE FENCING AS p � REQUIRED \ 6" DIVERSION TO DIRECT RUNOFF FROM R/W MIN. 12 1 z GA. -, Z ¢ ��—SILT FILTER FABRIC 0 -.:::::::..:::.-::- w��r:_;_-•._ - : __:_•. _ .__-.__ :_::__:._::_•::--.-::..: ::::::. W =..,.:- INTERMEDIATE WIRES ua LL LU `Nr' SECTION VIEW MIN. 10 GA. c\t C7" - — n BOTTOM WIRE M J Date: 10-18-07 c•1 10' 1 TEMPORARY GRAVELED / / / / / / / / � / � /` � •- scaie: 1"=100' / 0O 8" Drawn By: CDS/CLT CONSTRUCTION ENTRANCE �' '��� �� , ate , \ � � � 1 Checked By: CDSlAC RB V NOT TO SCALE LLI ANCHOR FABRIC SKIRT w/MIN.4" o � LONG WERE STAPLES @ 12"O.C. �Q�.."'C�� I / CA LJ APR 18 2009 B"MIN, COMPACTED FILL OVER SKIRT' J FRONT VIEW SIDE VIEW i..PIN�i QUALITY SECTiON ' STONE SHALL NOT f BLOCK OR IMPEDE �1 6" --__J FLOW I NOTES: 0 1.INSTALL NEW SILT FENCES AS SHOWN ON DRAWING AND AT LOCATIONS NECESSARY TO CONTROL SILTATION OF ADJACENT AREAS. 2.WHERE STEEL POSTS ARE USED,POSTS SMALL BE 5'IN LENGTH AND BE OF THE SELF FASTENER ANGLE TYPE. THIS PLAN IS NOT ISSUED FOR ° 1 3.WOVEN WIRE FENCING,WHERE REQUIRED(SEE NOTE 06),SHALL CONFORM TO ASTM A116 FOR CLASS 3 GALVANIZING.FABRIC SHALL CONSTRUCTION WITHOUT AFFIXED j I Z BE A MINIMUM OF 32"WIDE AND HAVE A MINIMUM OF 6 LINE WIRES WITH 12"STAY SPACING.THE TOP AND BOTTOM WIRES SHALL BE CORPORATE SEAL, 10 GAUGE AND INTERMEDIATE WIRES SHALL BE 12-V2 GAUGE. 4.FILTER FABRIC SHALL BE OF NYLON,POLYESTER,PROPYLENE OR ETHYLENE YARN WITH A MINIMUM STRENGTH OF 30 LB.ILIN.IN.AND `��snnn�i�� 12' A MINIMUM OF 85%FILTERING EFFICIENCY.FABRIC SHALL CONTAIN ULTRAVIOLET INHIBITORS AND STABILIZERS. `��,,�� CA��'!•••' 5,IF FABRIC FILTER IS USED WITH A STRENGTH OF 50 LB.A_IN.IN.OR GREATER, AND THE POST SPACING(S)DOES NOT EXCEED 6',WOVEN ``�Oe' •''"���""• '' •' fi.WIRE SLICING METHOD OR INSTALLING WOVEN WIRE ACCEPTABLE FENCING 15 REQUIRED,AND POST SPACING SHALL NOT EXCEED 8'. �� F 5 5��•. 7, AT LEAST ONCE A MONTH AND AFTER EACH MAJOR STORM EVENT,THE CONTRACTOR IS TO INSPECT THE SILT FENCES. ANY WASHOUTS SEAL ARE TO BE CORRECTED AND WHEN SOIL ACGUMMULATION REACHES ONE-HALF OF THE HIEIGHT,THE COLLECTED MATERIALS ARE TO BE 8948 r SECTION A A UNDERLAY WITH MIRAFI 60OX FILTER FABRIC OR APPROVED REMOVED. 4' EQUAL %.� GIN E y' .��� R. TEMPORARY SILT FENCE A ENERGY DISSIPATOR NOT TO SCALE SHEET 2 OF 2 NOT TO SCALE ECES PROJECT NO.0762 This drawing shall not be roduced in whole or in part without wri ten permission of East Coast Engineering& Surveying , P.C. S3v� !W 9f �<Qg Q.L. <�n,VV East east En ineerin *& SuA in , P. C. g � y g Engineers, Planners, & Surveyors April 17, 2008 Ms. Chastity N. Clark Assistant State Mining Specialist RECEIVED NCDENR- Land Quality Section 1612 Mail Service Center APR 18 2008 Raleigh,North Carolina 27699-1612 Subject: JP Russ & Son Mine #2 LAND QUALITY SECTV4 Brunswick County, North Carolina Dear Ms. Clark: On behalf of our Client, please find enclosed the additional information requested in your April 3,2008 letter: 1} The wetlands on the subject project were delineated by Land Management Group of Wilmington, North Carolina. Mr, Paul Farley of that firm notified our office on Wednesday, April 16, 2008 that the US Army Corps of Engineers had reviewed the site and were agreement that there are no wetlands on site. Once the Corps has signed off on the wetland delineation map verifying "No 404 Wetlands Found On This Parcel" we will forward a copy to your office. 2) We have revised the reclamation plan to reflect the addition of silt fence on the south side of the mine to alleviate any sediment from leaving the site. Again we appreciate your prompt attention to this matter. Should you have any questions or comments, please do not hesitate in contacting our office at your convenience. Sincerely, 1 Sabrina B. Babson s15 Engineering Assistant 4 Enclosures: Six (6) Revised Reclamation Plan pc: Mr. Daniel Russ, JP Russ & Son File; 07-0763 (JP Russ & Son Mine) Red Apple Professional Park * 712 Village Road SW, Suite 105 Post Office Box 2469 * Shallotte,North Carolina 28459 * Tel.: 910-754-8029 * Fax: 910-754-8049 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Michael F. Easley, Govemor Director and State Geologist William G. Ross Jr., Secretary April 3, 2008 Certified Mail Return Receipt Requested 7003 1680 0000 1484 2651 Mr. Daniel T. Russ Manager J.P. Russ & Son, Inc. 5621 Beach Dr. SW Ocean Isle Beach, North Carolina 28469 RE: Application Request J.P. Russ & Son Mine #21 Brunswick County Lumber River Basin Dear Mr. Russ: We have reviewed the application request your company submitted for the referenced mine site. However, the following information is needed to continue processing your. application: 1. After reviewing an aerial photo, it appears that wetlands possibly exist along the south side of the proposed affected areas of the mine. Please contact the Division of Water quality in the Wilmington Regional Office at (#910-395-3900) to determine if wetlands do exist. Please address this issue with a response to our office. 2. The mine map does not show any type of sediment control along the center of the south side of the mine where stormwater runoff leaves the site. During the initial site preparation, what sediment control measure will be utilized in this area? If you do not think measure will be needed, please respond as to why you think they will not be needed. Otherwise, a revised map will be required showing location and details of what measure will be utilized, along with supporting calculations and designs for the measures. Land Quality Section 919-733-45741 FAX: 919.733-2876 -Geological Survey Section 919-733-24231 FAX: 919-733-0900 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 Division of Land RPsotimps 919-733-38331 FAX: 919-715-8801 1 IntPrnpt: www.rllr.anr.statP.nc.1j5 An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper Certified Mail Mr. Russ Page Two Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of 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, iri writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, Chastity N. Clark Assistant State Mining Specialist Land Quality Section cc: Mr. Dan Sams,PE MINING CHECKL15T FOR ROUTING Applicant's Name: _ .1 I�J55 Project Name: ApplicJPermit No.: County: r��. i�, Date Received: Reviewer: 1 River Basin Name: ❑New ❑Renewal O Modification (inside permit boundaries) ❑ Modification (outside p;;Zlitional oundaries) ❑Transfer ❑Release Partial Release Information ❑ Fee Needed: $ ❑Fee Received: $ flea.5& nout& entire application package to: • ..r Kgional Office (2 complete copies; attach the"LQ5 Regionai v Office Mining Application Review Checklist" to one copy and attach �h the DWQ and DAQ "Mining Application Review Form"to the other copy-, send both.copies to the Regional Engineer) Date: Routed `1'- a I� Reed ❑Division of Water Resources Date: Routed Reed ❑NC Wildlife Resources Commission Date: Routed Reed U5 Fish & Wildlife Service Date: Routed Rec'd (Only new applications and modification requests Viat add land to the permit) P1P�e MUta first 3 des of the annlication and any location mans to: ❑Division of Parks & Recreation Date: Routed Reed ❑ 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 Reed (Only new applications) ❑Other. Date: Routed Rec'd **5u5pen5e Date for Comments: d14- (r►o later than 25 days from receipt) 0 Please note the following: ACDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary April 3, 2008 Certified Mail Return Receipt Requested 7003 1680 0000 1484 2651 Mr. Daniel T. Russ Manager J.P. Russ & Son, Inc. 5621 Beach Dr. SW Ocean Isle Beach, North Carolina 28469 RE: Application Request J.P. Russ & Son Mine #2 / Brunswick County Lumber River Basin Dear Mr. Russ: We have reviewed the application request your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. After reviewing an aerial photo, it appears that wetlands possibly exist along the south side of the proposed affected areas of the mine. Please contact the Division of Water quality in the Wilmington Regional Office at (#910-395-3900) to determine if wetlands do exist. Please address this issue with a response to our office. 2. The mine map does not show any type of sediment control along the center of the south side of the mine where stormwater runoff leaves the site. During the initial site preparation, what sediment control measure will be utilized in this area? If you do not think measure will be needed, please respond as to why you think they will not be needed. Otherwise, a revised map will be required showing location and details of what measure will be utilized, along with supporting calculations and designs for the measures. Land Quality Section 919-733-4574 I FAX:'919-733-2876 -Geological Survey Section 919-733-24231 FAX: 919-733-0900 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 Division of Land Resources 919-733-35331 FAX: 919-71.9-8801 1 Internet- www.rllr.Pnr.statP.nc.its An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Certified Mail Mr. Russ Page Two Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, Chastity N. Clark Assistant State Mining Specialist Land Quality Section cc: Mr. Dan Sams,PE LAW RJALITY SECTION REOIONA*FFICE MINING APPLICATION REVIEW CHECKLIST APPLICATIONIPERMIT NO.: ACTION: Cew- Modification Renewal Transfer Release APPLICANT NAME: � � MINE NAMEAf 5,A;j COUNTY: Administrative Issues: A. Is the site currently under NOV? Yes No Explain: B. Is the site under CAMA j uris diction? Yes No Explain: Field Issues: A. Are potential wetlands and watercourses properly indicated on the Mine Map? Yes�(R Explain: B. Ard the proposed buffer zones adequate? Yes 60 Explain: m6„dam Lz:E�: C. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated? U6 No Explain: D. Do all water supply wells within 500 feet of the mine excavation appear to be indicated? a No Explain: E. Is visual screening needed? a No Explain: A���rialV�c__Sc�c Er1�•U S &V a F, Are the proposed erosion and sedimentation control measures properly located to prevent offsite sedimentation? Yes No Explain: G. is the proposed revegetationlreclamation plan acceptable? Yes No Explain: .,� r,4 �r�- �. Date inspected: 2.'7 Erosion and Sedimentation Control Plan Review: It is the responsibility of the Regional Office staff to verify the adequacy of the EBBS measures. Please provide any coFncerns or comments+: + ' -.. .. A .` r 1 :P 1 ' Other Comments: Who was the,application routed. to and when?: Division of Air Quality: _ Date: Division of Water Quality (Water Quality Section only): Date: 3„:,7„.-69 - Other: Date: Inspector/Reviewer's Name: �., Date: Regional Engineer's Name: Date: 3-9r-08 .� Rev Doc 2006 L0 39Vd aNMON BTOZOSE0t6 99:60 B00Z/LL/E0 MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF AIR QUALITY y Project/Number, 7 ?U55-r+S.J 02_ County: �rdgkU'., ""Due Oats for Comments Back to Land Quality Section: Will the operation, as proposed, violate stancares of air quality? !�!v Comments: YES Na Air permit required vf Air yermit eXistir7g (Permit'" ) V Other Comments: Reviewed by, Date: I Print ,dame:_ ograaos cdnrral oHics r:e•newer Z0 39bd HIAMON BT0Z09E0Z6 99*E0 800Z/LZ/E0 MINING PERMIT APPLICATION REVIEW FORM for the 'DIVISION OF WATER QUALITY Project(Number._ iT county: ' "due pate for Comments Back to Land Quality Section: " Will the oper3ticn, as proposed. violate standards of water quality?_�o Comments: _ Watershed/w;tream Name & Classification. G' AC.*V „jrJ.W .1!„ 1,, - 23) 67/"5- - �'5"1 YES NO NPOES pem;it required c/ NPDES pem,,it existing (Permit Nondischarga permit required Nondischargea permit existing (Perrnit rt____j Wetlands disturbed 401 Wetland Cent. required ✓ 401 Wetland Cert. existing (Permit} ✓ 1 Reviewed by: Date: JV Print Name: �9i2C4� Cantrai Once Rpvlmver: EO 39dd 8113QON 8z9Z95E0Z6 99:E9 800Z/LZ/E9 J1 it North Carolina Wildlife resources Commission MEMORANDUM TO: Brenda M. Harris Land Quality Section,NCDLR and Daniel T. Russ, Mine Manager RECIEMD FROM: Molly Ellwood *4 " MAR 2 7 2008 Southeastern Permit Coordinator Habitat Conservation Program Qt1Al`iTl'S1=CTiDN DATE: March 24,2008 RE: Clark Mine#26-42, American Materials Company,Cumberland County Biologists with the North Carolina Wildlife Resources Commission(NCWRC)have reviewed the subject application for impacts to wildlife and fishery resources. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act(48 Stat. 401,as amended, 16 U.S.C.661 et.seq.), and the North Carolina Mining Act of 197I (as amended, 1982: G.S. 74-76 et seq., 15 NCAC 5), J.A. Russ and Son is proposing to mine 11.85 acres of an 18 acre site for top-soil and sand.The mine is located near Longwood off of SR1315 (Russtown Rd) in Brunswick County. Post mining reclamation of the pit will be as a lake stocked with bream and bass. We have the following concerns and recommendations: • It appears as though the mimic glass lizard(Ophisaurus mimicus)and the Venus flytrap(Dionaea muscipula) have been observed in the general vicinity of the proposed mine. While these are not state or federally listed species,they are species of special concern and federal special concern. We recommend that any mimic glass lizards and Venus flytraps that may be seen,be avoided and reported to the North Carolina Natural Heritage Program at(919) 715.8688. • For clarification,the permit application states in sections C.6.a .that J.P. Russ will maintain a maximum slope of 3:1. We recommend that the mine maintain a minimum slope of 3:1 for sand mines. • The vegetation plan,as explained on sheet 1,specifically states the use Bermuda grass,centipede grass,bahiagrass and carpet grass,which will help prevent erosion but provide little benefit to wildlife species. We recommend the use of locally native species such as switchgrass(Panicum virgalum)for post-disturbance stabilization. Also,we recommend shrub species such as wax myrtle(Myrica cerifera),silvering(Baccharis halimifolia),and/or marsh elder(Ivafrutescens) Mailing Address: Division of inland Fisheries • 1721 Mail Service Center • Raleigh,NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919)707-0028 LP.Russ and Son Mine#2,Brunswick County 2 March 24,2008 for stabilization around the lake edge. The use of these species will provide food and cover for wildlife not afforded by the proposed lawn grasses. Information about establishment and management offish ponds can be found at the following webpage: http://www.newildlife.org/Dg03_Fishinalimages/PONDMAN5.PDF. To provide adequate shallow water for aquatic vegetation growth,a pit slope of 3:1 should extend to a water depth of at least 4 feet. Further technical assistance regarding managing fish and wildlife on private lands can be found at http://www.ncwildlife.org or solicited directly from Commission Biologist Keith Ashley at(910) 8664250. The NCWRC does not object to the issuance of the mining permit for this project provided our recommendations are included as permit requirements. Thank you for the opportunity to review and comment on this application. If you have any questions or require additional information regarding these comments, please call me at(910)796-7240. `�CC3 '�11RZa ?br'rtit .���ilcat:cn Zeviaw C:'ac:<��;qet - spG�iGtSCA,Q n it n ��3 Cammgtm 7,1E4�Ide-jan .utacn?iQ+• '4 of'alne P,rrmt:.aatic.3Uan I Sa "�Itte tre tram° t .aw Cum E=5 7 /J j '-rm,t':Qe C� 1gw-.Renewal - W �!d( � �1,�'S '.krRiA�uaa•�ru+sfat� C4mQ'*m—4l•Socffan «.mmcct3v � .;ax^.emrstty I �a�r[¢Eas i :auttN' `•4nerals i 5'�»ae �t:a:Ecerca '..at{Cecrsgj i` _crg lCaeCag) .acce S;aclllty 389 i;acioq:c Maol.nIc f �a�srrtc:tea yq � l Ctfef �dC1t7;:F"dao . L'rttR '.l itter3l Rescurcas '�S11C:af- I =cctt?0aErt ;a¢rs+ts Wasrrrens Camments !Cantpl vote: ia,srriC:=M vait:a is�ta Geak` r=nci ac=aradcn•ovmh a t 0%wancs cf wc4mWanca in a0-teals, Aeierence 'alum is`tm-acmr,c.aCual Etta=nciflOns mav'+ar/. 3¢uts!•Naticnal S63mic-14=3rTJ Nana Cocumentaean.::ns'996, J.S.Cacicgicml.3ur4ey Cpert•�,fe Reacrt 56-a0_" r ::gEcma¢s.0'._:.»sgs.s¢v�reEshazJpgatO.late�}. RacardNo -coc Aevt wer. CsrttptQatat' �— Raviewe2 C�mplCate2 NCGS 7dlns Rr+vlraw C;�ocksdsot•aataCas• Gov.: 1112$!d0 078' 32'0 00"W 078' 31' "1N 078' 31'0 00"W 078'30' 30 MkW 078' 30'0 00"W 078'29'30 00" IVV Z NORTH CAROLJNA-SOU ,i CAROLINA. .I'), z 0 7.5 MINUTE SERIES (TOPOGRAPHIC) o O tOW" D3 M! 728 T9 2 1`O CM f EET aN.0 11 78,30' o -340 00' ti t1h11ed :I:' ! J M 90 Q00 FEET AA 3764 z z 0 o 3783 0 ui H7 ? ! Cl) o (D ).62 A. 16'' - - �. _ of.�. • r►�� r Z 1 F. -4'.r .+ z o r- .31) o z - — 'I — m M � tle o . o y✓r�` �` 09 h endf. n 131E 57' 30" Qld. Ilotls _ — 3780 078'32'0 00"W 078' 31' 30 00"W 078' 31'0 00"W 078' 30'30 00"W 078' 30'0 00"W 078' 29' 30 00" Name: CALABASH Location: 033' 58'40,0" N 078' 30'56.0" W Date: 2/28/108 Scale: 1 inch equals 2000 feet Copyright(C)1997 Maptech,Inc i NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist February 29, 2008 William G. Ross Jr., Secretary MEMORANDUM TO: Ms. Maria Dunn Habitat Conservation Program Coordinator �V 2 3 Wildlife Resources Commission CP FROM: Brenda M. Harri�;� C::� MA`) 2008 c9 Mining Program Secretary R �=°��ED _ . Land Quality Section If `cr' , ProgiaiTl SUBJECT: Mining Permit Application for J.P. Russ & Son, Inc. J.P. Russ & Son Mine #2 Brunswick County 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 wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by March 24, 2008 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. Chastity Clark 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 F'» .: i Log In ##: -&a3 DPR/RRS Mining Permit Application Review PRS Contact: Name of project: -iQ -1' man - County: c n s k Proposed activity is is not within 5 miles of a public park or recreation area. If yes, identify the park: Manager/agency name: I RECEVED (contact name): RECEIVED (phone; fax): LAND QUALITY (e-mail): MINING PROGRAM Review conducted by: Date: PLEASE RETURN APPLICATION MATERIALS WITH YOUR REVIEW/COMMENTS. YOU CAN ALSO E-MAIL YOUR COMMENTS TO: Adrienne.McCoigQncmil.net THANKS! Return form and materials to; Parks & Recreation Adrienne McCoig MAR 16 2008 DENR/Division of Parks & Recreation 1615 MSC Admin-Dir OffiCe Raleigh,NC 27699-1615 (Please Print on COLOR Paper) s � � • LT NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist February 29, 2008 William G. Ross Jr., Secretary MEMORANDUM T0: Mr. Lewis Ledford, Director Division of Parks an on RECEIVED FROM: Brenda M. Harris - Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for J.P. Russ & Son, Inc. LMD W&IIY J.P. Russ & Son Mine #2 MININGPROG" 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 March 24, 2008 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. Chastity Clark at (919) 733-4574 if you have any questions. /bmh 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 t a�1�Q 11.0-u pv sooz � a bvw ualeajoaa V 5)PIRd PP PP ..CATION FOR A NIINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine J.P. Russ--f�.t-.t5s°s ewfl Mine County Brunswick River Basin Lumber Latitude FR,66' �33' S9.,{ Longitude 2. Name of Applicant* J.P. Russ & Son, Inc. J. Permanent address for receipt of official mail** 5621 Beach Dr. SW, Ocean Isle Beach. North Carolina 28469 Telephone (910 ) 754-6023 Altemate No. (910 )443-1100 4. Mine Office Address 5621 Beach Dr. SW Ocean Isle Beach, North Carolina 28469 _ _ Telephone 910 754-W23 5. Mine Manager Daniel T.Russ 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 —,j Date Lo 8 Print Name Daniel T. Russ Title Manager * This will be the name that the mining permit will be issued to and the name that must be indi reclamation bond (security) that corresponds to this site. * The Land Quality Section must be notified of any changes in the permanent address or tele o *** Si nature of company officer required. ? 4 G.S. 74-51 provides that the Department shall grant or deny an application for a permit with As complete application or, if a public hearing is held, within 30 days following the hear supplemental information required by the Department. All questions must be addresr provided before this application can be considered complete. Attach additional - I - • • LICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) �Y 1. Name of Mine J.P. Russ �s*ewti Mine County Brunswick River Basin Lumber Latitude ( i--ems)T ' S9.y Longitude (dd.m&m.ss VW7S' :�0�7 2. Name of Applicant* J.F. Russ & Son, Inc. 4 3. Permanent address for receipt of official mail** 56)1 Beach Dr. SW. Ocean Isle Beach. North Carolina 28469 Telephone (9I0 ) 754-6023 Alternate No. (910 A43-1 100 4. Mine Office Address 5621 Beach Dr. SW Ocean Isle Beach—North Carolina 28469 Telephone ( 910) 754-6023�. _ 5. Mine Manager Daniel T.Russ 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*Signature Date g Print Name Daniel T. Russ Title^ Manager * 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. 74-5 l 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 he addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. - 1 Revised 20-007 L .APPLICATION FOR A MINING PERMIT • NOTE: All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map, A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer ail 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): 18 acres Of this acreage, how much is owned and how much is leased? Acres owned: 18 acres Acres leased: Property owner if leased: ❑ If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): ❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes ❑ No ❑. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes❑ No ❑ . If yes, indicate the additional acreage to be covered by this modification: . (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected(i.e.: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): ❑ If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered b y the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Top-soil and Sand 3. Mining method: ❑ Hydraulic Dredge ® Front-end Loader& Truck ® Shovel & Truck Dragline & Truck Self-loading Scraper Other(explain): 4, a. Expected maximum depth of mine (feet) 30 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) b. Expected average depth of mine (feet) Revised 2/2007 �1 APPLICATION FOR A MINING PERMIT 5. Has any area(s) at this site been mined in the past? Yes ❑ No If yes, when and by whom was this activity conducted? 6. Number of years for which the permit is requested (10 ,years maximum): 10 years B. MAPS 1. Clearly marls and label the location of your mining operation on six(6) cosies ofa 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) conies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5`h Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 www.geology.enr.state.nc.us/ County highway maps may be obtained from the N.C. Department of Transportation: GIS Department 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919) 212-6000 www,nedot.org/'it/gis 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only he 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 T), rocessing plants may be described as to location and distance from mine if sufficiently moveciently far re 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 - Revised 2/1-007 078' 32'0 00"W 078'31 0"W 078'31'0.00"W 078'30'30.0 078°30'0,00"W 078° 29' 30 00"4 NORTH CAROLINA—SOLW CAROLINA �et` . 7.5 MINUTE SERIES (TOPOGRAPHIC) `0k a c PIREWAY)Mr o [olvcwcwnurnu '28 J29 2 ]50000 FEET N C 11 78;30' c5 o 4 -340 00' o lied O ! :3l] 1713, 90000 FEEI a r4 (NCI 4 =?64 Aso -- ti� S, +-S- n Ming# •I z z o 0 0 a f� rs3 0 o, ,I 3782 u o _ lz-z) _ •kA .- z -.. z oEO 0 . , M y / '6 0 r � IL6 AA d Noo ol . g 91, 1 3'60 I ` 078' 32"0 00"W 078' 31'30.00"W 078°31"0.00"W 078' 30'30.00"W 078°30'0.00"W 078'29'30 00"b Name: CALABASH Location: 033'58'40.0" N 078° 30'56.0" W Date: 2/28/108 Scale: 1 inch equals 2000 feet Copyright(C)1997.Maplech.Inc s � � � . � � NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Marine Fisheries Dr. Louis B. Daniel Ili, Direclor William G. Ross Jr., Secretary MEMORANDUM RECEIVED MAN 0 6 2008 TO: Brenda M. Harris LAND QUALITY SECTION j Mining Program Acting Secretary Land Quality Section FROM: Anne Deaton DATE: March 4, 2008 SUBJECT: J. P. Russ & Sons, Inc. — Mine # 2 Brunswick County Attached is the Divisions' reply for the above referenced project. If you have any questions, please do not hesitate to contact me. MSlsw 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 011C Phone: 252 726-7021 1 FAX: 252 727-51271 Internet: www.ncdmf.net NorthCarOlii)a Naturally An Equa!Oppanunity r AKirmalive Action Employer—50°o Recycled 1 104o post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easiey, Governor Division of Marine Fisheries Dr. Louis B. Daniel 111, Director William G. Ross Jr., Secretary March 4, 2008 MEMORANDUM FROM: Anne Deaton Habitat Protection Section Division of Marine Fisheries SUBJECT: Mining Permit APPLICANT: J. P. Russ & Sons, Inc. PROJ. LOCATION: J. P. Russ & Sons Mine #2 — Brunswick County DUE DATE: 3-24-08 Please indicate below your position or viewpoint on the proposed project and return this form to Habitat Protection Section, Morehead City. If you have any questions regarding the proposed project, please contact Tracy E. Davis, State Mining Specialist, Division of Land Resources / Land Quality Section at (919) 733-4574. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See Attached. This agency objects to the project for reasons described in the attached comments. SIGNED: DATE: 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 One Phone: 252 726-7021 1 FAX: 252 727-51271 Internet: www,ncdmf.net NorthCarotina An Equal opportunity 1 Affirmative Action Employer-50%Recycled\100a post Gonsurner Paper ; aturally i � • A A NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist February 29, 2008 William G. Ross Jr., Secretary MEMORANDUM TO: Ms. Maria Dunn Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harri(� --Vb Mining Program Sec etary Land Quality Section SUBJECT: Mining Permit Application for J.P. Russ & Son, Inc. J.P. Russ & Son Mine #2 Brunswick County 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 wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by March 24, 2008 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. Chastity Clark at (919) 733-4574 if you have any questions. /bmh 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 Carohna, 27604 • I 0 A Ii 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. Eastey, Governor Director and State Geologist February 29, 2008 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 J P Russ & Son, Inc J.P. Russ & Son Mine #2 Brunswick County Mine Dewatering Proposed IX 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 March 24, 2008 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. Chastity Clark at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Dan Sams 1612 Maii Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 ! FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 RYA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Duality Section James D. Simons, P.G., P.E. Michael F Easley, Govemor Director and State Geologist February 29, 2008 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Peter M. Benjamin Application Review Coordinator U.S. Fish and Wildlife Service FROM: Brenda M. Harri t Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for J.P. Russ & Son, Inc. J.P. Russ & Son Mine #2 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 March 24, 2008 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. Chastity Clark at (919) 733-4574 if you have any questions. Ibmh 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 i � NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist February 29, 2008 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Lewis Ledford, Director Division of Parks an on FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for J.P. Russ & Son, Inc. J.P. Russ & Son Mine #2 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 March 24, 2008 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. Chastity Clark 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 1 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • k, * NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist February 29, 2008 William G. Ross Jr.. Secretary MEMORANDUM TO: Mr. Mike Street Habitat Protection Section Division of Marine Fisheries FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for J.P. Russ & Son, Inc. J.P. Russ & Son Mine #2 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 March 24, 2008 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. Chastity Clark at (919) 733-4574 if you have any questions. /bmh 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 • I 1 NOTICE OF MINING PERMIT APPLICATI04 Subject: NOTICE OF MINING PERMIT APPLICATION From: Brenda Harris <Brenda.Harris@ nemai 1.net> Date: Fri, 29 Feb 2008 09:35:31 -0500 To: Floyd Williams <Floyd.WiIIiams@ncmai1.net>, Jim Simons <Jim.Simons@ncmail.net>, Mell Nevils <mell.nevils@ncmail.net>, "Representative Dewey L. Hill" <Deweyh@ncleg.net>, Representative David Redwine <Davidr@ncleg.net>, "Representative Thomas E. Wright" <Tomw a ncleg.net>, "Senator R. C. Soles, Jr." <Rcsoles@ncleg.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: February 29, 2008 In an effort to keep you informed of activities in your area, this is to inform you that an application for a new Mining Permit, or an application to expand an existing mine in Brunswick County has been received by our office. The following notice is required to be sent by the applicant to all adjoining landowners and to the chief administrative officer of the local government. If you have any questions concerning this application, please contact Mr. James D. Simons, Director and State Geologist, Division of Land Resources at 919-733-3833 or mailto:Jim.Simonsnncmail.net . Pursuant to provision G.S. 74-50 (bl) of The Mining Act of 1971, Notice is hereby given that JP Russ & Son, Inc. has applied on December 6, 2007 to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): (a) a new surface mining permit: X (b) a modification of an existing surface mining permit to add land to the permitted area: The applicant proposes to mine Sand,Top Soil on 18.0 acres of land located .05 miles SE of the intersection of SR1315 & SR0000 of Longwood off/near road SR1315 (Russtown Road) in Brunswick County. In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining; permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by I o!-2 2/29,'2008 9:35 AM NOTICE OF MINING PERMIT APPLICATION the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity, please contact the applicant at the following telephone number: (910) 754-8029. 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 t971 throughout the application review process until a final decision is made on the application. Name & Address of Applicant, includin , Contact Person & Compan-y Name if applicable: Daniel T. Russ JP Russ & Sons, Inc 5621 Beach Drive Ocean Isle Beach, NC 28469 2 of 2 2/29/2008 9:35 AM NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.F. February 29, 2008 Michael F Easley, Govemor Director and State Geologist William G. Ross Jr.. Secretary MEMORANDUM TO: Ms. Renee Gledhill-Earley Application Review Coordinator Archives & History FROM: Brenda M. Harr e�� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for J.P. Russ & Son, Inc J.P. Russ & Son Mine #2 Brunswick County i 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. Chastity Clark 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 1 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 �.. ter`.. a' _ •� Plue- ti41] -IL a - peer k40, - - -, rt, Au r 06. 19 a � , //111 JJJ t w a h e a iata r rU 7004 O.Lorrn.. 1-P TOPOGyaga a�.DwS•caPYrkOht of con�ant ownat. - _. — - J- ���_ ��jO�� .iwY y_. _vr°wv.tlalo�ma,cam �1 i • MINING CHECKLI5T FOR ROUTING Applicant's Name: l r"S I L'11 r_ _ Project Name: T �,gS 4 � � 1y1,,,o ApplicJPermit No.: fi'A County: 1 Date Received: - - � i Reviewer. na River Basin Name: P 4,w ❑Renewal ❑Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) CTranofer I'-, Release C Partial Release - Additional Information ❑ Fee Needed: firfee Received: $ p� -route entire, a121211cation=ckaoc W: Regional Office (2 complete copies; attach the"1.Q5 Regional Office Mining Application Review Checklist"to one copy and attach bal�h the D` WQ and 1 Q_ "Mining Application Review Form"to the other copy; Send both copies to the Regional Engineer) ` Date: Routed--�) ,A, Reed 0 Di ' DNsion of Water Resources Date: Routed Reed ildiife Resources Gommiesion Date: Routed Rec'd 05 Fl5h & Wildlife Service Date: Routed P.ec'd (Only new applications and modification requests that add land to the permit) /ivi5ion of Parks & Recreation Date: Routed`� �� a&`�Reed ':NG Geological Survey Section Date: Routed N/ �Kzld (Only new applications and modification reciueste that add land to the Permit) ivision of Archives & History Date: Routed;2� �� Rec'd (Only new applications) q er: �„ Date: Routed _ Wh _ Reed **5u5pen5e Date for Comments: ')'14 (no later than 25 days from receipt) O y � 0 Please note the following: � w • . ]East Cast ]Engineering & Surveying, P. C. �? Engineers, Planners, & Surveyors February 26, 2008 �CI� Mr. Lloyd Williams, P.E. State Mining SpecialistOU V NCDENR- Land Quality Section ' S CrjON 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Subject: JP Russ & Son Mine Brunswick County,North Carolina Dear Mr. Williams: On behalf of our Client, we are pleased to enclose the following for your review and approval: 1) Six (6) copies of the mining plan & reclamation plan; 2) One (1) original and five (5) copies of the NC Mining Permit Application; 3) Six (6) copies of the Brunswick County NCDOT map showing the proposed project Iocation; 4) Six (6) copies of the 7.5 Quadrangles map showing the proposed project location; 5) A copy of the Special Exception Permit #07-56S Granted by Brunswick County Planning for said project; 6) Copies of the US Postal Service Certified Mail Receipts and Green Cards for the six adjacent property owner for subject project; 7) Check#19645 in the amount of$3,750.00 to cover the required application fee. Again we appreciate your prompt attention to this matter. Should you have any questions or comments,please do not hesitate in contacting our office at your convenience. Sincerely, Sabrina B. Babson Engineering Assislani Enclosures pc: Mr. Daniel Russ, JP Russ & Son File; 07-0763 (JP Russ & Son Mine) Red Apple Professional Park " 712 Village Road SW,Suite 105 Post Office Box 2469 * Shallotte,North Carolina 28459 * Tel.: 910.754-8029 * Fax: 910-754-8049 SENDER: r rN COMPLETE THIS SECTIONON DELIVERY w 0 a Complete items 1,2,and 3.Also complete A. Signature i -fill� z item 4 it Restricted Delivery is desired. l Agent ■ Print your name and address on the reverse i 1 �,C 1,.. `- ❑Addressee .M yq U so that we can return the card to you. B. Received by(Printed Name) C. Date of Delive A .:%r'--= n t � r _ N ■ Attach this card to the back of the mailpiece, +� ry Ln y� or on the front if space permits. C 1 I i c z S In d t ; ,; �] it D. Is delivery address different from item 17 ❑Yes t17 Postage S _ � 1- Article Addressed to: If YES,enter delivery address below: ❑ No 117 i M Certified Fee Er - Postmark Q J netum Receipt Fee Here W {Endorsement Required) .m_,_.__ — [] Restricted Delivery Fee ` ' I al e 1(Endorsement Required) _ !e ii b � ` 71,} 3. Service Type Total Postage&Fees 15211!ertified Mail ❑ Express Mail -1• l y` ❑Registered C�+t•a urn Receipt for Merchandise Sent7o'„ �. rn��GhG�� �l�l l�l luh ❑r{1 Insured Mail ❑C.O.D. Strtrt,.apt.Na.; f} � . (�„\x ZSS•� 4, Restricted Delivery?(Extra Fee) ❑Yes � or Po eox No. r 1✓v ------------------- 2. Article Number l ctty,stat8.I1P+4 �l G �j L Z ' rj�] {Transfer from service►abe 7001 1940 0002 9395 3506 tti PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509 U.S. Post6l Service WiNED MAIL RLEPEIPT •. • .-. SENDER: frl ■ Complete items 1,2,and 3.Also complete A. Signatu2/'. t , t., -.'� 7A item 4 if Restricted Delivery is desired. ❑Agent s ■ Print your name and address on the reverse X (2, ❑Addressee so that we can return the card to you. B. Recei eel (P t.17 Postage f - ted Na D 'I■ Attach this card to the back of the mailplece, � d Ir ------�;- or on the front it space permits. M Certified Fee D. Is dellvery ad dfereri 4[w/ es zr 1. Article Addressed to: Postmark If YES,enter delivery address below: No Return Receipt Fee q (Endorsement Required) .-.a,. Here U __f 6`� I3 Restricted Delivery fee C3 (Endorsement Required) C3 Total Postage 6 Fees f ..;sir:;':,s'i �•�' 1✓�x L`"["� . p•- Sent To �" �u�`�- rz C_ 3. Service Type L—•h �YL.-r L SL �t+�tL, �ZZ G?6ertified Mail ❑ Express Mail ------•----•--- •-• - Street,Apt.No-; 2� Q ------- ❑ Registered 6�um Receipt for Merchandise or PO Sox Na, P•Q . e X)x �-1 ❑Insured Mail ❑C.D.D. bCity State„ZfPr 4• -•----------------------------------•-- ---- -_....._..-- r_ Bbi i vt ck- i\)I L 2 ZZ 4. Restricted Delivery?(Exfra Fee) ❑ Yes 2. Article Number 7001 1940 0002 9395 3483 (Transfer from service fab PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509 SENDER, COMPLETE THIS SECTION COMPt E)-E THIS SEC rJON ON DEI +. ■ Complete items 1,2,and 3.Also complete A. Sig a re item 4 if Restricted Delivery is desired. ❑Agent evi fru ;: ■ Print your name and address on the reverse x El Addressee 4i� 7 7�� so that we can return the card to you. 8. Received by{Printed flfame) C. Data of Delivery ■ Attach this card to the back of the mailpiece, or on the front If space permits. tD . Postage S D. Is deliveryaddress different from item I? ❑yes �,: _ i. Article Addressed to: } Certified Fee It YES,enter delivery address below: ❑No E3lEruweseriwafL Rege 1 eipt Fee - posbrmh Ftara Y1n ,. Cr��`C'y�` � 1r�.�sz►'1 o ReWricled Della ery Fee ''• 1 5h 11 _ C3 lEndmement Required] 1 S�X 1rG`S�►1 1'15�►1 0 Total Postage a Fee. , r• `.'.. - i fy G {�,��},,�,., ti m)o ` L�l�U '✓`'7 1i' 3.7Ser-viceype Er ent o ed Mail ❑ Express Mail /'' tQ-��� /rl Q� �1✓-1+ `� yam' ered Ghletum Receipt for Merchandise . ,�, •, - ��.2. d Mail D C.O.D. Q or Po soa xo. t �L7 Ci Ni"+>do'r►-•----••--- Clfy,Stata,ZIP*.4 4. Restricted Delivery?(Extra Fee) 0 Yes Ii'Y1 t v-r+ 7 2. Article Number 7001 9 4 a 0002 9395 3520 (Transfer hnm service raaeq Ps Form 3811,August 2001 Domestic Return Receipt *2595-Ot-M.2-9M • .ER: COMPLETE THIS SECTION ' • ■ Complete items 1,2,and 3.Also complete A. Signature M item 4 if Restricted Delivery Is desired. . r ^.- , ❑Agent r-1 - r_r : =�; ■ Print your name and address on the reverse X Ln Q Addressee x ' so that we can return the card to you.rri B- Rec�h,ed (Print naame ate of Delivery l� Attach this card to the back of the mailpiece, !' or on the front if space permits. 0 S Cr Postage S — ~ _ D. I delivery di ferent from item 1? ❑Yes ertirred Fee 1. Article Addressed to. ❑ Er C If YES,enter delivery address Wow: No rU 0� Re1um Rece F P Herre h .VO 1 L 1 (Endar.ernanl R O Eld.r ed Delivery Fee —Lt.1 ;L' ' L ' It �� r F ,• 7 � t- d (Endolclsd ll ea ee) -_.-�_.._ V` �I}.,tw 1,•,} O Tntel Postage a Foes `. . -_;•_Z.:+tt�_ 3- Service Type ` l �} ly Q- ant o�� �YL�1�U �� ,�C" C.� 1 r++ 5>a Iertified Mail I� Ex refs Mail ❑Registered eturn Receipt for Merchandise -Ap.—f.-_--------------- Or Pi'1 e �Vf_ Q ❑Insured Mad ❑C.0.D. Street,Apt.No. a P4 9dx Na. '1$ K�S` ` N 1........... 4. Restricted Delivery?(Extra Fee) [�Y� ----------- ----- - W City state,ZIP+ L 0 5kC'�it��rC hl{r 2S,+ 2. Article Number 70111 1940 GOQ2 9395 3513 rr (rrartsfer from service robe!) PS Form 3811,August 2001 Domestic Return Receipt 102595.01-M-25M 0 f� Ln Postage S f11 i1� •�`°' _.`F A- r_. _ t L u-1 Postage S ITl Certified Fee cr If- _ Postmark - i= Certified Fee (Endorsem rU Rewm�Repelpl) Here Ir M C3 Ln Ir Postmark R 1um Receipt Fee p p Rest icted OeWery Fee C3 t R(Endorsement Hera r3 (Ertdorsernent Reoulredt 7' O Restricted Oefvery Fee Q Total Postage a Fees ," p (Endorse nwt Required)Total Postage d Feea II-• Seat To f+l J r ra 1 '� Y [ ir Sent To � — ----•_ r-1 ��!11 Saner,apt-No.; _ n A_ y { 21 r Urc-h� fC � Cyr AO Box Nv. C ---.-..-------------------------------I QYY�_.^-----•------------------••---•-•-•------- p 1S ._._--_----•........_. � o rPO kpr-N. r —i3�F;c h 5-- 5 o -- --•-•----•-------••----•-- I� Clt Stare,IIA+� L -� or AD Box No. .Q• '6 9 Clry State,zp+4 y -4 u4 `✓� s c 2 { {y 4 East Coast Engineering & Surveying, pC ed Apple ofession ark, Sui a 71? 1 be Road SW os ice Box 2469 �— J S Ilotte. North 7001 1940 0002 9395 3537 Xx ,Ln Ms. Mary L. Floyd i" 4 �mf �� C. 5521 Porcher Avenue i Myrtle Beach, South Carolina 29577 - �+IIX3E 292 4E 1 00 02Y 16-/0a RETURN TO SENDER NC UNABLE�'TOM ED ' FORWARD @ C: 2045924B9eS . . .,.._•- --��--• �.-----��__ .....;.....-_ _...... --__ _.� ..- - _ 592 OiiO77A (24jj- 37 1 East Coast Engineering & Surveying, pC Red Apple Professional Park, Suite 105 712 Village Road SW, Post Office Box 2469 Shallotte. North Carolina 28459 �VIP RP 7001 1940 0002 9395 3490 m Mr. William Benffeld Post Office Box 829 Little River, South Carolina 29566 0 o� add er � NIXIE 292 1E 1 09 02/14/08 RETUPN TO SENDER UNCLAIMED UNABLE TO FORWARD HC: 29459246969 1592-0 m_ _..:�:C `•; :_'.» t-;:,:: : 11 1 ] j I ] 0779-124-07 ���������� �11l1llllllll1111l1lI�II111,1,11�i'/lliillllllll�lilll1111l��� J.P.Russ&San,Inc. BRANCH BNKO AND TRUST C43MPANY 19645 Beach Dr.SW 86.14?J934 �+*+� Ocean Isle Beach,NC 28469 (910)754.6023 -2l25/2008 Y TO DER THE NCDENR - Division of Water Quali $'*3,750.00 r" :NCU:FPUiiAtE9 \ Three Thousand Seven Hundred Fi 0 *'�'};* "*'"`*"�" **'»1`�!j Y r a 1w... . a DOLLARS 8 NCDENR - Division of Water dualtity 1617 Mail Service Center .: Raleigh NC 27699-1617 l� y Vold after 90 deyi 1. NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section FES SFctrON 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 733-4574, Revised 2/2007 L' i I it i 0 (��, � �a} ��\ APPLICATION FOR A MINING PERMIT r NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine J.P. Russ-3��°ss�awn Mine County Brunswick River Basin Lumber Latitude Longitude (dd.mm-s V�—T 8'�•� _� 2. Name of Applicant* J.P. Russ & Son, Inc. 3. Permanent address for receipt of official mail**_ 5621 Beach Dr. SW, _ Ocean Isle Beach, North Carolina 28469 Telephone 9( 10 )__ _ 754-6023 _ Alternate No. (910 )443-1100 4. Mine Office Address 5621 Beach Dr. SW Ocean Isle Beach North Carolina 28469 Telephone 910 754-6023 5. Mine Manager Daniel T.Russ We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature Date g Print Name Daniel T. Russ Title_ Manager _ ..._. * 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 fling 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. - I - Revised 2/2007 APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding,detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 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): 18 acres Of this acreage, how much is owned and how much is leased? Acres owned: 18 acres Acres leased: Property owner if leased: ❑ If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered y the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): ❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes ❑ No ❑. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes❑ No ❑ . If yes, indicate the additional acreage to be covered by this modification: . (NOTE: you must complete all of Section F.of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit,will any portion of this acreage be affected(i.e.: 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): ❑ If this is an application for TRANSFER of a mining permit,indicate the mining permit number and the total (overall) acreage covered y t e 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: Top-soil and Sand 3. Mining method: H Hydraulic Dredge ® Front-end Loader& Truck ® Shovel & Truck Dragline & Truck Self-loading Scraper Other(explain): 4. a. Expected maximum depth of mine (feet) 30 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) b. Expected average depth of mine (feet) 2- Revised 2/2007 APPLICATION FOR A MINING PERMIT 5. Has any area(s) at this site been mined in the past? Yes ❑ No ED 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 fi _conies of 7.5-minute quadrangle and a county highway map. These maps, in addition to six(6) conies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5`h Floor Raleigh,North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 www.geoIogy enr.state.nc.us/ County highway maps may be obtained from the N.C. Department of Transportation: GIS Department 3401 Carl Sandburg Court Raleigh,North Carolina 27610 (919) 212-6000 www.ncdot.org/it/gis 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding(approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights-of-way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants(processing plants maybe described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on-site haul roads. I. Location of planned and existing on-site buildings. in. 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 - Revised 2/2007 APPLICATION FOR A MINING PERMIT • p. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway;creek,stream,river,or other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary,must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-99 Acres l inch = 50 feet 100-499 Acres l inch = 100 feet 500+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- Revised 2/2007 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 mayor 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 00.00 Stockpiles 00.35 Wastepiles 00.16 Processing Area/Haul Roads 00.41 Mine Excavation 10.93 Other (Explain) Total Disturbed Acreage 11.$5 NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE-SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5 - Revised 2/2007 APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES l. 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. Install Sediment Control Measures Clear Site Excavate Site Stabilize all disturbed areas with permanent vegetation. 1 Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation(include specific plansfor 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 may(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. Install construction entrance at'access to public right of way, install silt fence and stone outlet protection. See Erosion Control Notes 1 a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ❑ No Z. 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 ®, 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- Revised 2/2007 APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s)extend below the water table? Yes® No ❑. If yes, do you intend to dewater the excavation(s)? Yes❑ No N. 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 map(s) that lie within 500 feet ohe 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 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. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No N If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? Water Truck—watered down as needed -7- Revised 2/2007 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-Tway at this site? A minimum buffer of 25 feet is recommended,although a wider buffer may be needed depending on site conditions. Shaw all buffer locations and widths on the mine map(s). 25' undisturbed buffers will be maintained as indicated on mining map 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). 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. Maximum 3:1 slopes will be maintained 8- Revised 2/2007 0 APPLICATION FOR A MINING PERMIT . b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation ofany benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. No fill slopes will be constructed in mine area. c. In excavation(s)of unconsolidated(non-rock)materials,specify the angle of all cut slopes including specifications for benching and sloping. Crass-sectionsjor all cut slopes must be provided on the mine map(s). Maximum cut slope angle will be 3:1 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. No hardrock excavations are anticipated 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. Excavation will involve no blasting,maximum slopes will be maintained at 3:1;no excavation will occur within 300' of an existing structure 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each type of barricade to be used must be indicated on the mine map(s). Property surrounded by existing fence Access to mine will be blocked by locked cable, gated fence and sign across entrance road -9- Revised 2/2007 0 APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes ❑ No ®. If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees,bushes or other vegetation,building berms or other measures. Show the location 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. Natural Tree Buffer will be maintained which will also serve as visual screening 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 ®. If yes,specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program(such as a third-party blasting study). Locate the nearest offsite occupied strueture(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation.. 12. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes ❑ No ®. Ifyes, describe these materials, how they will be stored and method ofcontainment in case ofspill. Indicate the location(t) of all storage facilities on the mine map(s). - 10- Revised 2/2007 APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross-sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) ofall permanent channels must be indicated on the reclamation map. Most of the excavated area will be reclaimed as a stocked pond. All land not under water will be permanently vegetated with grass. 2. is an excavated or impounded body of water to be left as a part of the reclamation? Yes ❑ No F. 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. Bream and bass 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. No excavations in rock are anticipated Revised 2/2007 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. Waste material will be stockpiled. Once mining operation is complete,the waste material will be graded for positive drainage with slopes less than 3.1, and then seeded with permanent vegetation. S. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. The haul road will be stabilized with marl and left in place after completion of mining activities as an access road to the pond. b. Will any on-site roadways be left as part of the reclamation? Yes ® No ❑. If yes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization. b. 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 metal,junk machinery, cables or other such waste products will be stored on site. - E2 - Revised 2/2007 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; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): Based upon a recent soil test, or in absence of soil test, apply up to I ton dolomitic limestone per acre to moderately disturbed soil (less than 6"removed)and up to 2 tons dolomitic lime per acre if more that 6". FERTILIZER-ANALYSIS AND RATE OF APPLICATION(pounds/acre): Based on recent soil test, or apply 40-60 lbs. of N per acre at planting and 40—60 lbs. of N during growing season. SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE(pounds/acre): [NOTE: Include Legumesl Seed Types: Seeding Dates: Seeding Rates: Bahia grass April— September 25 lbs./acre Bermuda grass April — September 25 lbs./acre Carpet grass April — September 25 lbs./acre Annual Ryegrass April — September 25 lbs./acre Annual Ryegrass October— March 501bs./acre MULCH -TYPE AND RATE OF APPLICATION(pounds/acre)AND METHOD OF ANCHORING: The uniform application of l %z-2 tones of straw per acre should provide 75%cover. Cover in excess of 75% could reduce proper plant growth after seed germination. 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_ 0 d Print Name Donald R. Butler, PE - Title_ Director of Engineering- Services Agency East Coast En ineerin & Surveying, PC - 13 - Revised 2/2007 APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond(based upon a range of$500 to $5,000 per affected acre)for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the approximate acreage or each Meet o the mining operation, that you intend to affect during the life o this mining Permit(in addition Please insert the appropriate reclamation_ costlacre for each category from the Schedule of Reclamation Costs provided with this applicationform) OR you can defer to the Department to calculate your bond or you based upon your maps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: 0 Ac. X $ 500.00/Ac. _ $ 0.00 Stockpiles: .35 Ac. X $ 1800,00 /Ac. _ $ 630.00 +l Wastepiles: .16 Ac. X $ 2000.00 /Ac. _ $ 320.00 ✓ Processing Area/Haul Roads: .41 Ac. X $ 1800.00 /Ac. _ $ 738.00 ✓ Mine Excavation: 10.93 Ac. X $ 500.00/Ac. _ $ 5465,00 / Other: 0 Ac. X $ 0 /Ac. _ $ 0 TOTAL AFFECTED AC.: 11.85 vAc. (TOTAL PERMITTED AC.: 18.0 1 Ac.) Temporary& Permanent Sedimentation__& Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the fallowing two categories: a) affected acres that drain into proposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and- etlands. a) Internal Drainage 11.85 Ac. b) Positive Drainage 0 Ac. X $1,500.00 = $ -0- SUBTOTAL COST: $ 7153.00 Inflation Factor: 0,02 X SUBTOTAL COST: $ 143.06 X Permit Life (1 to 10 years): 10 INFLATION COST: $ 1430.60 TOTAL COST = SUBTOTAL COST+ INFLATION COST = $ 8583.60 Total Reclamation Bond Cost: $ 8500.00 1/ (round down to the nearest$100.06) - l4- Revised 2/2007 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. NOTES: THEI S'ECTION 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 TILE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" - 15 - Revised 2/2007 NOTICE Pursuant to provisions G.S. 74-50(bI) of The Mining Act of 1971, Notice is hereby given that JP Russ & Son, Inc. has applied on Decemb_e_r__6, 2007 (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, or ❑ a modification of an existing surface mining permit to add land to the permitted area. The applicant proposes to mine _ Sand, Top Soil on 18.0 acres located .05 miles (Mineral, Ore) (Number) (Miles) SE of the intersection of SR1315 & SR0000 of _ _ Longwood off/near road SR1315 (Russtown Road (Direction) (Nearest Town) (Number/Narne) in Brunswick County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b l), 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 regarding the specifies of the proposed mining activity, lease contact the a licant at the followina telephone number: East Coast Engineering& Surveying, PC 910- 5 - 0 9 For information on the mining permit application review process, please contact the Mining Program staff at (919) 733-4574. Please note that the De artment Will consider any relevant written comments/documentation within the pLovisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. County of Brunswick PO Box_249, Bolivia,NC 28422 _ JP Russ & Sons Inc. - Daniel T. Russ (Addressee/Owner of Record's _ (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) January 24 2008 5621 Beach Drive, Ocean Isle Beach, NC 28469 (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 JP Russ & Son Inc. has applied on December 6 2007_ (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, or ❑ a modification of an existing surface mining permit to add land to the permitted area. The applicant proposes to mine Sand, Top Soil on 18.0 acres located .05 miles (Mineral, Ore) (Number) (Miles) SE of the intersection of SR1315 & SR0000 of Longwood offlnear road SRI315_f Russtown Road (Direction) (Nearest Town) (Number/Name) in Brunswick County. SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b 1),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 regarding the specifies of the 9roposed mining activity, lease contact the apiplicant at the following tele hone number: East Coast Engineering & Surve in PC 910-754-8029 . For information on the mining permit app ication review process, please contact the Mining Program st 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. JP Russ & Sons, Inc. 5621 Beach Dr. Ocean Isle Beach, NC 28469 -Y JP Russ & Sons, Inc. - Daniel T,_Russ (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) December 6, 2007 _ 5621 Beach Drive, Ocean Isle Beach, NC 28469 (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record) _ - 16- Revised 212007 r' Brunswick County, NC SR RUSSTOWN CAD NW NW E EMENT Parcel Number 1790001501 Plat Date Account Number :60393190 Land Value $239,990 PIN : 104802889489 Building Value 1$0 Owner JP RUSS & SON INC Other Value !$o Owner Address I Deferred Value �$o Owner Address 2 5621 BEACH DRIVE Total Taxable Value $239,990 city OCEAN ISLE BEACH Heated Sp Ft State NC Year Built Zip 128469 Bedrooms Legal Description Full Baths Parcel Street Number Stories Parcel Street Ext. Wall 1 Street Type Ext. Wall 2 Street Dir Neighborhood 60011 Subdivision Municipality Deed Book 2651 Fire Tax District 'GRISSET 1 LONGW Deed Page 0640 Township SHALLOTTE Deed Date 7/31/2007 Acreage '31,36 Plat Book 00ox Sale Price $0 Plat Page 0377 Disclaimer., Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, 1 Inch = 785 feet- appraisal, survey, or for zoning verification. s NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that JP Russ & Son, Inc. has applied on December 6, 2007 (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, or ❑ a modification of an existing surface mining permit to add land to the permitted area. The applicant proposes to .mine Sand, Top Soil on 18.0 acres located .05 miles (Mineral, Ore) (Number) (Miles) SE of the intersection of SR1315 & SR0000 of _ Lonjawood off/near road SR1315 (Russtown Road (Direction) (Nearest Town) (Number/Name) in Brunswick County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b 1), 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 regarding the s ecifics of the ro osed mining activiyplease contact the annficant at the following telephone number: East Coast Engineering & Surve in PC 910-754-8029 . 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. Eugene Tripp 1578 Russtown Road NW Shallotte NC 28459 JP Russ& Sons Inc. -Daniel T. Russ (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) .ianuary,24, 2008 5621 Beach Drive, Ocean Isle Beach, NC 28469 (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record Brunswick County, NC SR RUSS7,QWN GAD NW IS CO NW E EMEN7 Parcel Number 17900015 Plat Date Account Number .65612290 Land Value $60,180 PIN : 104802785236 Building Value :$51,110 Owner TRIPP EUGENE C Other Value $990 Owner Address I Deferred Value .$0 Owner Address 2 . 1578 RUSSTOWN RD NW Total Taxable Value :$112,280 City .SHALLOTTE Heated Sq Ft 1,430 State NC Year Built 1996 Zip 28459 Bedrooms :3BEDROOMS Legal Description TR-1 7.19 ACRES PLAT 18/386 SR-1 312 Full Baths Parcel Street Number i 1578 Stories Parcel Street i RUSSTOWN Ext. Wall I ALUMSIDING/VINYL Street Type !RD Ext. Wall 2 Street Dir NW Neighborhood Subdivision j municipality Deed Book 0464 Fire Tax District GRISSET LONGW Deed Page 10449 Township SIHALLOTTE Dead Date Acreage 7.190000 ---------- 'Plat Book Sale Price $0 'Plat Page Disclaimer Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is-not a legal document and should not be substituted for a title search. 1 inch = 785 feet appraisal, survey, or for zoning verification. • i NOTICE Pursuant to provisions G,S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that JP Russ & Son Inc. has applied on _ December 6, 2007 (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, or ❑ a modification of an existing surface mining permit to add land to the permitted area. The applicant proposes to mine Sand, Top Soil on 18.0 acres located .05 miles (Mineral, Ore) (Number) (Miles) SE of the intersection of SR1315 & SR0000 of Longwood off/near road SRI 3I.5 (Russtown Road (Direction) (Nearest Town) (Number/Name) in Brunswick County. *SEE ATTACKED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort to 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 fling of the application for a permit, whichever is later, Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials are on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding_ the specifies of the proposed mining activi lease contact the applicant at the following telephone number: East Coast Engineering& Surve in PC 910- 54-8029 . 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 throw hoot the application review process until a final decision is made on the application. Mack Harrelson 13009 Clover Bottom, Mint Hill, NC 28227 3P Russ & Sons Inc._ - Daniel T. Russ (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) January 24, 2008 .. 5621 Beach Drive, Ocean Isle Beach,NC 28469 (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record Brunswick County, NC f I 5R i i i I RUSS70WN OAD NW 1 ' i I I f , f i , i E CO N W E EMENT Parcel Number 17900018 Plat Date 1 1/3/2008 Account Number 162628690 Land Value $333.450 P1N 104802869550 Building Value !so ~Owner HARRELSON MACK I .Other Value 1$120 Owner Address 1 i%SHERI HARRELSON HINSON Deferred Value !so Owner Address 2 13009 CLOVER BOTTOM DR Total Taxable Value 1$333,570 City ;MINT HILL Heated Sq Ft - I State NC Year Built zip j28227 'Bedrooms I Legal Description 65 AC NC 1315 Full Baths Parcel Street Number I ; Stories Parcel Street i �Ext. Wall 1 Street Type ! i Ext. Wall 2 -Street Dir j Neighborhood 16001 Subdivision !Municipality Deed Book i 0097 T Fire Tax District i GRlSSET 1 LONGW Deed Pager 0483 ; Township SHALLOTTE. Deed Date 'Acreage ';'21.4 Plat Book -^0046 Sale Price 10~ Plat Page 0091 Disclaimer. Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is,not a legal document and should not be substituted for a title search, 1•inch =-785 feet- appraisal, survey, or for zoning verification. NOTICE Pursuant to provisions G.S. 74-50(b l) of The Mining Act of 1971, Notice is hereby given that JP Russ & Son, nc. _ _ has applied on December 6, 2007 _ (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, or ❑ a modification of an existing surface mining permit to add land to the permitted area. The applicant proposes to mine Sand Top Soil on 18.0 acres located .05 miles (Mineral, Ore) (Number) (Miles) SE of the intersection of SR1315 & SR0000 of Longwood off/near road SR1315 (Russtown Road (Direction) (Nearest Town) (Number/Name) in Brunswick County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(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 regarding the specifics of the proposed mining activity, lease contact the anDlicant at the followine telephone number: East Coast Engineering & Surveying, PC 910-754-8029 . For information on the mining permit application review process, please contact the Mining Program staff at(919) 733-4574. Please Rote 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. Mitchell Bullington PO Box 2588, Shailotte,NC 28459 JP Russ & Sons, Inc. - Daniel T. Russ_ (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) January 24, 2008 5621 Beach Drive Ocean Isle Beach NC 28469 (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record Brunswick County, NC SR RUSS70WN SAD NW I I i I F 4 � l . I cc NW E 5Mr=N7 Parcel Number '• 1790001707 Plat Date i E Account Number ;61352010 Land Value ;$0 PIN 104802778281 Building Value $0 Owner BULLINGTON MITCHELL G Other Value ;$0 rO-wner Address 1 Deferred Value $0 I owner Address 2 PO BOX 2588 Total Taxable Value '$0 City ;SHALLOTTE �— Heated Sq Ft I State ;NC Year Built i zip 28459 Bedrooms Legal Description ;TR-1 24.40 ACRES PLAT 38/59 SR 1315 Full Baths Parcel Street Number Stories Parcel Street l Ext. Wall 1 Street Type Ext. Wall 2 Street Dir # ;Neighborhood 16001 `Subdivision x 'Municipality Deed Book 2593 Fire Tax District ;GRISSET 1 LONGW Deed Page 0659 Township :SHALLOTTE Deed Date '4/20/2007 Acreage 24.40 Plat Book �0038 w Sale Price $53T000 Plat Page 10059 — -T Disclaimers Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, Yinch =:785.feet: appraisal, survey, or for zoning verification. NOTICE Pursuant to provisions G.S. 74-50(bi) of The Mining Act of 1971,Notice is hereby given that JP Russ & Son Inc. has applied on December d 2007 (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, or ❑ a modification of an existing surface mining permit to add land to the permitted area. The applicant proposes to mine Sand, Top Soil on 18.0 acres located .05 miles (Mineral, Ore) (Number) (Miles) SE of the intersection of SRI 315 & SR0000 of Longwood__ _off/near road SR1315 (Russtown Road (Direction) (Nearest Town) (Number/Name) in Brunswick County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort to 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 regarding the specifies of the proposed mining activity, lease contact the applicant at the following telephone number. East Coast Engineering & Surveying., PC 10-754-8029 . For information on the mining permit application review process, please contact the Mining Program sta at (919) 733-4574. Please note that the De artment 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. Mary Floyd 5521 Porcher Ave. Myrtle Beach SC 29577 JP Russ & Sons, Inc. - Daniel T. Russ (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) January 24, 2008 - 5621 Beach Drive, Ocean Isie Beach, NC 28469 (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record Brunswick County, NC ............. SR RLISSTOWN CAD NW CC NW E EMEN'T Parcel Number 17900017 Plat Date Account Number 62086950 Land Value $397,650 FP—lN 004802675209 Building Value 10 Owner FLOYD MARY L Other Value :so Owner Address I i-_—__._ Deferred Value t$o Owner Address 2 15521 PORCHER AVENUE Total Taxable Value $397,650 City j MYRTLE BEACH Heated Sq Ft State ISC Year Built i zip 129577 Bedrooms Legal Description L Full Baths i Parcel Street Number Stories Parcel Street Ext. Wall I Street Type Ext. Wall 2 I Street Dir Neighborhood i!6001 Subdivision Municipality Deed Book 11385 Fire Tax District GRISSET 1 LONGIN Deed Page .0216 Township !SHALLOTTE Deed Date -6/23/2000 'Acreage :45.55 Plat Book Sale Price $0 Plat Page Disclaimer. Map and parcel data are believed to be accurate; but accuracy is not Map Scaleguaranteed. This is not a legal document and should not be substituted for a title search, Tinch-=785!feet: appraisal, survey, or for zoning verification. NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that JP Russ & Son, Inc. has applied on December 6 2007 (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, or ❑ a modification of an existing surface mining permit to add land to the permitted area. The applicant proposes to mine Sand, Top Soil on 18.0 acres located .05 miles (Mineral, Ore) (Number) (Miles) SE of the intersection of SR1315 & SR0000 of Lonawood off/near road SR1315 (Russtown Road (Direction) (Nearest Town) (Number/Name) in Brunswick County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b 1), 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 regarding the s ecifics of the proposed mining aetivi please contact the applicant at the following telephone number: East Coast Engineering & Surve in PC 910-754-802 . For in ormation 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. William Benfield PO Box 829, Little River, SC 29566 JP Russ & Sons Inc. - Daniel T. Russ (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) January 24, 2008 _5621 Beach Drive, Ocean Isle Beach, NC 28469 (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record Brunswick County, NC SR RUSSTOWN flAD NW II N7 Parcel Number . 1790001304 Plat Date Account Number 61047090 Land Value $93,020 P/N 104802687103 Building Value 1$156,130 Owner BENFIELD WILLIAM ETUX THAYLA Other Value :$19,410 Owner Address I Deferred Value :$0 Owner Address 2 PO BOX 829 Total Taxable Value $268,560 City LITTLE RIVER 1 Heated Sq Ft ;947 State SC Year Built 11988 Zip 29566 Bedrooms 13BEDROOMS Legal Description 6.087 AC SR 1315 Full Baths Parcel Street Number Stories Parcel Street REJSSTOWNII/ Ext. wall i CONCRETE BLOCK Street Type Ext. Well 2 WOOD ON SHEAT OR P Street Dir Neighborhood �6001 Subdivision Municipality Deed Book 2120 Fire Tax District GRISSET/ LONGW Deed Page 1052 i Township SHALLOTTE Dead Date 4/7/2005 Acreage .6.080000 Plat Book Sale Price $250,000 Plat Page Disclaimer Map and parcel data are believed to be accurate, but'accuracy is not- Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, 11,inch— 785.feet, appraisal, survey, or for zoning verification. o � J.P.RUSS &SONS, INC. Z PARCEL#1790001501 0 O m tpY DEEDBOOK 2651,PAGE 640 48 < WILLIAM&THAYLA FA OOK46A, ¢ W o BENFIELD Opa Q U z PARCEL# 1790001304 J.P.RUSS &SONS, INC. DEEDBOOK 2120,PAGE 1052 PARCEL#1790001503 (i DEEDBOOK 2651,PAGE 640 O W E- o �a MITCHELL G. �d BULLINGTON PARCEL#1790001707 0 y MARY L. FLOYD DEEDBOOK 2593,PAGE 659 cis PARCEL# 17900017 R y 3 DEEDBOOK 1385,PAGE 216 MACK HARRELSON o PARCEL# 17900018 s w N DEEDBOOK 97,PAGE 483 c2 o F— a s 61 y W Qi CG 0 0 O 60 � � RNr r • E mzo � � ' 0 v 3 �ma � r cc7 � w C7 O F- BARBE UE ROAD 02008 This drawing shall not be reproduced in whole or in part without written permission of East Coast Engineering&Surveying,P.C. s APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 1, Daniel T. Russ ,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, 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) Grant Bullington PO Box 2588, Shallotte, NC 28459 Eugene C. Tril2n 1578 Russtown Rd. , Ocean Isle,NC 28469 Mack Harrelson 13009 Clover Bottom Dr, Mint Hill,NC 28227 (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) [i.e.: City Manager, County Manager, Mayor, etc.] Marty K. Lawing, County Manager Post Office 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 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(b1)and 15A NCAC 513 .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 o be mailed and to provide them to the Department upon request. —zl J 4—� Sig re of Applicarif or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Daniel T. Russ Title of person executing Affidavit ___._ _ _ Manager 1, Sabrina B. Babson a Notary Public of the County of Brunswick , State of North Carolina, do hereby certify that Daniel T. Russ appeared before me this day and under oath acknowledged that the �was made by him/her. O� Witness my hand and notarial seal, this 6th day of )ecW(AT)6RY Z=„ „ 2007. y PHA��9p u October 27, 2008 otary: m m s ir�� - 17 - '' Ck CC` `'� Revised 212007 11111111115, 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; nD Signature.* , Print Name: JP Russ & Sons, Inc. Print Name: Daniel T. Russ Address: 0000 Beach Drive Title: Manager Ocean Isle Beach North Carolina 28469 Company: JP Russ & Sons, Inc; Telephone: 910-754-6023 Mine Name: JP Russ & Son Mine Telephone: ( 910 ) 754-6023 *Signature must be the same as the individual who signed Page 1 of this application. One original and five 5 copies of the completed application,six b col2ies of all location maps, mine maps and reclamation mans,and the appropriate processing fee(see next page for fee schedule)in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. - 18- Revised 2/2007 APPLICATION FOR A MINING PERMIT 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: TYPE ACRES NEW MAJOR PERMIT MODIFICATION RENEWAL Clay 1 but less than 25 $500 $250 $250 25 but less than 50 1000 500 500 50 or more 1500 500 500 Sand & Gravel, I but less than 5 150 100 t00 Gemstone,and Borrow Pits 5 but less than 25 250 t00 100 25 but less than 50 500 250 500 50 or more 1000 500 500 Quarry, Industrial Minerals, 1 but less than 10 250 100 100 Dimension Stone 10 but less than 25 1000 250 500 25 but less than 50 1500 500 500 50 or more 2500 500 500 Peat & Phosphate 1 or more 2500 500 500 Gold (Heap Leach),Titanium &Others 1 or more 2500 500 500 A nonrefundable S50.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership transfers,name changes, bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added to a permitted area,outside of the minimum permit buffer zone requirements,where no plans for mining related disturbance of the added lands have been approved. All other changes are considered major modifications. Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected by the modification within the permitted mine area,or any additional land that is to be disturbed and added to an existing permitted area,or both. - 19- Revised 2/2007 APPLICATION FOR A MINING W MIT 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, L1 =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. $5001ac.(L) Borrow 1500(FI) $2000(PD) CS, DS, 500(L) 1800 2000 2000 500(L) FS, MI, 1500(FI) 2500(PD) LI, PF, OL, KY PI-1 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) CL 1000(L) 2500 5000 5000 2000(L) 2500(FI) 3700(PD) PE, AU, 1000(L) 2500 3000 3500 2000(L) TI, OT 2500(FI) 5000(PD) (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS„A.,MINIMUM: • FINAL GRADING COSTS PER ACRE • LIME AND FERTILIZER COSTS PER ACRE • YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) • MULCH AND ANCHORING COSTS PER ACRE • ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. 1,000 copies of this public documcnl were printed at a cost of$845.81 or S.85 per copy. 412002 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES-LAND QUALITY SECTION -21- NORTH CAROLINA BRUNSWICK COUNTY SPECIAL EXCEPTION PERMIT#07-56S GRANTED Applicant: J.P. Russ and Son, Incorporated Record Owner: J.P. Russ and Son, Incorporated Location: 1570 Russtown Road, Shallotte,NC 28459 Tax Parcel: 1790001503 Acreage: 18.0 Pruposed Use of Property: Mining Operation—Class I Board Meeting Date: December 6. 2007 Approval Date: Docember 6, 2007 SECTION 1. FINDINGS: Having heard all of the evidence presented at the hearing, the Board finds that the application is complete with the exception of the items pointed out in the Findings of Fact and finds: 1. That the proposed use is in keeping with the statement of intent of the Inning district. This is based upon sworn testimony and evidence submitted during the hearing which shows the following: _._ • .. "Class.I Mining Operations"are permissible within the Rural Residential (RR)Zoning District with Special Exception Permits. I1. The use,if developed as proposed, will not substantially injure tho value of adjoining or abutting property. This is based upon sworn testimony and evidence submitted during.tht hearing which shows the following: While there were concerns voice, no evidence or expert testimony was provided at the public hearing as to whether the use will or will not substantially injure the value of adjoining or abutting property, III. The use, if developed as proposed,meets all requirements and conditions of the ordinance: This is based.upon sworn testimony and evidence submitted during the hearing which-shows the following: • If developed in accordance with the submitted site plan, the proposed use will be in keeping with the statement of intent for the RR Zoning District, provided that the comments listed in Item 9 of the Findings of Fact are addressed. On the bans of all the foregoing, the County has caused this Spacial Exception to be granted,if developed as proposed, as it: • will be in keeping with the intent of the zoning district; • will not substantially injure the value of adjoining or abutting properties; and * will meet all the requirements and conditions of the Unified , Development Ordinance. subject to the conditions Imposed In Section 2-"Conditions"balu„c SECTION Z. CONDITIONS: Now, therefore,the application to make use of the above described property for the purposed indicated is hereby approved and granted, subject to all applicable provisions of the Brunswick County Unified Development Ordinance, and the following special condition(s) which the Board of Adjustment finds to be in the public interest. • The following comments listed in Item 9 of the Findings of Fact must be addressed by the applicant and submitted to the planning Department for approval prior to the issuance of a building permit: 1. indicate on the site plan the assigned address. 2. Note that the applicant must comply with Section 5.3.7:F. of the UDO as it relates to mining activities. 3. Denote on the site plan the zoning classification and uses of all adjoining properties. _- 4. Note that if a project boundary buffer is required by the Huard of AdjLmuricut, minimum buffer opacity must be determined by the Board. Based upon the required opacity, a buffer must be provided consistent with Section 7.2.9.A.3. of the Brunswick County Unified Development Ordinance(UDO). This will require,suhmittal of a Landscape Plan. 5. Note that the minimum road width is twenty feet(20% consistent with the UDO. d. Note that a driveway permit application must be submitted to the North Carolina Department of Transportation. 7. Note that a State of Notch Carolina.Mining permit must be,obtained and placed on file in the-Planning Department prior to any mining activity taking place Oil tho subject Feel. • The development shall proceed in conformity with all plans and design features submitted as part of the special use permit application and kopt on file by the Brunswick County Planning Department The applicant shall complete the development strictly in accordance with the plans submitted to and approved by the Board of Adjustment,a copy of which is filed in the Planning Department, The development of the pareol(s) shall comply with all regulations as specified in the Brunswick County Unified Development Ordinance. • if the specified conditions addressed in this special use permit are violated, the permit shall be revoked and the use will no longer be allowed. Only by reapplying to the Board of Adjustment for another special use permit and receiving their approval can the use be again permitted. If you arc dissatisfied with the decision of this Board of,Adjustment, an appeal may be taken to the Superior Court of Brunswick County within thirty(30)days after the date this order is served or delivered_ BRUNSWICK COUNTY BOARD OF ADJUSTMENT V*- tsd fd�L/,.A/ Helen Evan Bunuh, CZO Cleric to the Board. Zoniag:Administrator- Iheb Attachment: Findings Of Fact r...r:G_J n 'TAW) 7 T 1 A lVVl7 '17017'<''Y') FINDINGS OF FACT December 6, 2007 Case Number 07-56S 1. J.P.Russ and Son,Incorporated is the owner of record at 1570 Russtown Road, Shallotte, Brunswick County,North Carolina. 2. On October 18, 2007, Applicant,.J.P. Russ and Son, Incorporated filed for a Special Exception as provided in.Section 5.2.3. of the Brunswick County Unified Development Ordinance to allow for a`Class I Mining Operation"located at 1570 Ruastuwn Ruud, Brunswick County,Nurih Carulhtu. 3. A public hearing was duly noticed as a sign was posted on the subject parcel and adjoining property owners were notified of the hearing. 4. Subject property is 18.0 acres and is identified as Tax Parcel Number 1790001503. 5. Land uses surrounding the subject property include undeveloped areas, farmland and a residence as depicted by phutugraphs idcndf'iod as Exhibits B,C,D and E. 6. The subject property is zoned Rural Residential(RR). All adjacent parcels are zoned RR. 7, The Land Use Plan identifies the area in which the subject property is located as Low Density Residential. 8. A"Class I Mining;Operatiod'is defined in the Brunswick County Unified Development Ordinance as"A place where soil or other unconsolidated material (i.e. sand,marl, rock,fossil deposits,peat, fill or topsoil) is removed to be used off-site-without-further on-site processing(i.e.use of conveyor systems;screening machines; crushing;or other mechanical equipment). It does not involve dewatering or the use of explosives and has an affected land area of no greater than 20 acres." A Class I Mining Operation is permissible within the RR zoning district with a special exception permit. 9, If developed in accordance with the submitted site plan, the proposed use will be in keeping with the statement of intent for the RR zoning district, provided that the following comments are addressed by the applicant-on the site plan. • Indicate on the site plan the assigned address. • Note that the applicant must comply with-Sectiow5.3.7.17: of the-UDO as it relates to mining activities. • Denote on the site plan the zoning classification and uses of all adjoining properties. • Note that if a project boundary buffer is required by the Board of Adjustment, minimum buffer opacity must be determined by the Board. Based upon the required opacity, a butter must be provided consistent with Section 7.2.9.A.3. of the Brunswick County Unified Development Ordinance (UDO). This will rcquirc submittal of a Landscape Plwi. • Note that the minimum road width is twenty feet(20% consistent with the UDO. • Note that a driveway permit application must be submitted to the North Carolina Department ofTransportatinn. • Note that a State of North Carolina Mining permit must be obtained and placed on Mein the Planning Department prior to,any mining activity taking. ._- place on the subject parcel. 10. The Special Exception will not substantially injure the value of adjoining or abutting property as no expert testimony and/or evidence of such was provided at the hearing. �AR'TJF'A NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley,Governor William G. Ross Jr.,Secretary John Morris, Director March 3, 2008 MEMORANDUM TO: Brenda Harris RECEIVED I�D Mining Program Secretary Land Quality Section MAR 0 4 2008 FROM: Blake Rouse Ground Water Management Section LAND QIJALrry Division of Water Resources MNM PROGRAM SUBJECT: Comments on the Mining Permit Application Request for: JP Russ & Son, Inc. JP Russ & Son Mine #2 Brunswick County Please find attached a copy of.the mining permit application request for the above referenced project. The JP Russ & Son Mine#2 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 the Division of Water Resources at (919) 733-4064 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 NOrthCarolina Phone: 919-733-40641 FAX: 919-733-36581 Internet: www.ncwater.org ;Vatural& NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist February 29, 2008 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group ! Division of Water Resources RECE�Ky� D FROM: Brenda M. Harris MAR D 4 2008 Mining Program Secretary Land Quality Section LMDQIUALrrY SUBJECT: Mining Permit Application for J.P. Russ & Son, Inc. MNWPROGRAM J.P. Russ & Son Mine #2 Brunswick County ❑ Mine Dewatering Proposed IX 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 raving unduly adverse effect on March 24, 2008 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. Chastity Clark at (919) 733-4574 if you have any questions. Ibmh 1,992mq Attachments MAP, -,' 2008 cc: Mr. Dan Sams DMSION OF WATER RESOURCES 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 078°32'0.00"W 078°31'p 0.00"W 0 °31'0A0"W 078°30'30A0"W 078°30'0.00"W 078°29'30.00"1 # 1111141 , , IIII II . � F3� , � # III � �� 1 , 11 IIIIFII IF � 1 � 1111111 � � 11 „ I � IIiIIId111FN NO TH CAROUNA—SOUTH CAROI..INA� 0 7.5 MINUTE SERIES (TOPOGRAPHIC) ��� o o loN6 goon o.3 nu. 728 '29 2 150 000 FI£7 (N.C.) 78,30'wa Q ti✓ �.' �`>> !3C] ✓ i 1,� j ul ° , •� 90 000 FEET ,.�✓ . ., a _ r IN,C,1 — .e._,. �.�,-.-�_.....T.... �.-• ,,� �l cam,._. _�_•�� � J. .•_,...-.._....� 'p — 3764 _ -�. - --� Us + fi n M1ne # s�� �_. °���,. �, � •. ,r _ �� � � � •a� �G���.�.� Ill O li �" _ as �Lr)i woo V f f r Aa + + Ql� 3162 z 0 p co j Go 3761 i 1 Old luallotte o >r \S E ,�?�i�.;,1° � �� Apr-� 1, �•... o g h e a d f J 1316 ' I I I 6 °13 ' 0'W 1 1 1 78 31' 0. 078°131'0. V 1 1 8 0' 0.4 "W1 1 078'130'j0. 0"W 1 1 1 { 8 8'38.00"b Name: CALABASH Location: 033' 58'40.0" N 078°30'56.0" W Date: 2/28/108 Scale: 1 inch equals 2000 feet Copyright(C)1997,Maptech,Inc. 1 NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 733-4574 Revised 212007 C o o[� J APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine J.P. Russ i62 an Mine t�k County Brunswick River Basin Lumber Latitude (-ss)14 33O 59.q Longitude 2. Name of Applicant* J.P. Russ & Son, Inc. 3. Permanent address for receipt of official mail** 5621 Beach Dr. SW, Ocean Isle Beach, North Carolina 28469 Telephone (910 ) 754_6023 _ Altemate No. (910 )443-1100 _ 4. Mine Office Address 5621 Beach Dr. SW Ocean Isle Beach, North Carolina 28469 Telephone ( 910) 754-6023 5. Mine Manager Daniel T.Russ 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*Signature —,j C— az== Date Print Name Daniel T. Russ Title Manager * 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. I - Revised 2/2007 • APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 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): 18 acres Of this acreage, how much is owned and how much is leased? Acres owned: 18 acres Acres leased: Property owner if leased: ❑ If this is an application for RENEWAL of a mining permit,indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): ❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes ❑ No ❑. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes[] No ❑ . If yes, indicate the additional acreage to be covered by this modification: . (NOTE: you must complete all of Section F.of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit,will any portion of this acreage be affected(i.e.: 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): ❑ If this is an application for TRANSFER of a mining permit,indicate the mining permit number and the total (overall) acreage covered by t e 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: Top-soil and Sand _ 3. Mining method: ❑ Hydraulic Dredge ® Front-end Loader& Truck ® Shovel & Truck Dragline &Truck Self-loading Scraper Other(explain): 4. a. Expected maximum depth of mine (feet) 30 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) b. Expected average depth of mine (feet) -2- Revised 2/2007 APPLICATION FOR A MINING PERMIT 5. Has any area(s) at this site been mined in the past? Yes ❑ No If yes, when and by whom was this activity conducted? 6. Number of years for which the permit is requested (10 years'maximum): 10 years B. MAPS 1. Clearly mark and label the Iocation of your mining operation on six 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 the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 51h Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 www.geology.enr.state.nc.us/ County highway maps may be obtained from the N.C. Department of Transportation: GIS Department 3401 Carl Sandburg Court Raleigh,North Carolina 27610 (919) 212-6000 www.ncdot.org/it/gis 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding(approximate)acreage. As a reminder,mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be Iocated 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. Outline and acreage of all temporary and/or permanent overburden disposal areas. Location and acreage of all processing plants(processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on-site haul roads. I. Location of planned and existing on-site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record,both public and private,of all 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 Iessor 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 - Revised 2/2007 APPLICATION FOR A MINING PERMIT 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 1 inch=50 feet 100-499 Acres 1 inch = 100 feet 500+Acres 1 inch =200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- Revised 2/2007 • 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 00.00 Stockpiles 00.35 Wastepiles 00.16 Processing Area/Haul Roads 00.41 Mine Excavation 10.93 Other (Explain) EEturbed Acreage 11.85 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 FORM}. THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT-ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5 - Revised 2/2007 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. Install Sediment Control Measures Clear Site Excavate Site Stabilize all disturbed areas with permanent vegetation. 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 erasion control far mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. Install construction entrance at access to public right of way, install silt fence and stone outlet protection. See Erosion Control Notes 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ❑ No®. If yes,briefly describe all such processes including any chemicals to be used. b. Will the operation involve di harging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yest No Z. Ifyes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). I -6. Revised 2/2007 APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes® No ❑, If yes, do you intend to dewater the excavation(s)? Yes[] No Z. If yes, what impact, if any,will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine map(s) that lie within 500 feet ohe 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 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. 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? Water Truck—watered down as needed -7- Revised 2/2007 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). 25' undisturbed buffers will be maintained as indicated on mining map 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). 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontaI to 1 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. Maximum 3:1 slopes will be maintained -8- Revised 2/2007 APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. No fill slopes will be constructed in mine area. 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). Maximum cut slope angle will be 3:1 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. No hardrock excavations are anticipated 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. Excavation will involve no blasting,maximum slopes will be maintained at 3:1;no excavation will occur within 300' of an existing structure 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each type of barricade to be used must be indicated on the mine map(s). Property surrounded by existing fence Access to mine will be blocked by locked cable, gated fence and sign across entrance road -9- Revised 212007 APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes ❑ No Z. 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. Natural Tree Buffer will be maintained which will also serve as visual screening 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 ground vibrations. Depending on the mine's location to nearbystructures, more detailed technical information may be required on the blasting program(such as a third-party blasting study). Locate the nearest offsite occupied structures) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes ❑ No ®. Ifyes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the locations) of all storage facilities on the mine map(s). - to- Revised 2/2007 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 allpermanent channels must be indicated on the reclamation map. Most of the excavated area will be reclaimed as a stocked pond. All land not under water will be permanently vegetated with grass. 2. is an excavated or impounded body of water to be left as a part of the reclamation.? Yes ❑ No ❑. If yes, Illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-section(s) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation,unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes ® No ❑. If yes, specify species. Bream and bass 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. No excavations in rock are anticipated I 1 - Revised 2/2007 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. Waste material will be stockpiled. Once mining operation is complete,the waste material will be graded for positive drainage with slopes less than 3:1, and then seeded with permanent vegetation. 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. The haul road will be stabilized with marl and left in place after completion of mining activities as an access road to the pond. b. Will any on-site roadways be left as part of the reclamation? Yes ® No ❑. if yes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization. 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 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. No scrap metal,junk machinery, cables or other such waste products will be stored on site. - 12- Revised 2/2007 APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas, This plan must include recommendations for year-round seeding,including the time of seeding and the amount and type of seed, fertilizer, time and mulch per acre. The recommendations must include general seeding instructions for permanent revegetation and,if necessary,temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service,specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; 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): Based upon a recent soil test, or in absence of soil test, apply up to 1 ton dolomitic limestone per acre to moderately disturbed soil(less than 6"removed)and up to 2 tons dolomitic lime per acre if more that 6". FERTILIZER-ANALYSIS AND RATE OF APPLICATION(pounds/acre):Based on recent soil test, or apply 40-60 lbs. of N per acre at planting and 40—60 lbs. of N during growing season. SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE(pounds/acre): (NOTE: Include Legumes] Seed Types: Seeding Dates: Seeding Rates: Bahia grass April—September 25 lbs./acre Bermuda grass April —September 25 lbs./acre Carpet grass April-- September 25 lbs./acre Annual Ryegrass April—September 25 lbs./acre Annual Ryegrass October— March 50 lbs./acre MULCH-TYPE AND RATE OF APPLICATION(pounds/acre)AND METHOD OF ANCHORING: The uniform application of 1 %-2 tones of straw per acre should provide 75%cover. Cover in excess of 75% could reduce proper plant growth after seed germination. OTHER VEGETATIVE COVERS —TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre,treeslacre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Signature L&tc Date D b 4 Print Name Donald R. Butler PE Title Director of Engineering-Services Agency East Coast Engineering & Surveying„PC - 13 . Revised 2/2007 APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The fallowing 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 ofthe miningpermit. Please insert the approximate_acreage,for each as ect o the mining operation, that you intend to affect during the lie o this mining ermit in addition lease insert the aDDrooriate reclamation cost/acre for each cafe or om the Schedule o Reclamation Costs provided with this application form) OR you can defer to the Department to calculate your bond or you based upon your maps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: 0 Ac. X $ 500.00/Ac. — $ 0.00 Stockpiles: .35 Ac. X $ 1800.00 /Ac. _ $ 630.00 Wastepiles: .16 Ac. X $ 20Q%00/Ac. _ $ 320.00 Processing Area/Haul Roads: .41 Ac. X $ 1800.00/Ac. — $ 738.00 Mine Excavation: 10.93 Ac. X $ 500.00/Ac. — $ 5465.00 Other: 0 Ac. X $ 0 /Ac. _ $ 0 TOTAL AFFECTED AC.: 11.85 Ac. (TOTAL PERMITTED AC.: 18.0 Ac.) Temporaryy& Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 11.85 Ac. b) Positive Drainage 0 Ac. X $1,500.00 = $ -0- SUBTOTAL COST: $ 7153.00 Inflation Factor: 0.02 X SUBTOTAL COST: $ 143.06 X Permit Life (1 to 10 years): 10 INFLATION COST: $ 1430.60 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 9583.60 Total Reclamation Bond Cost: $ 8500.00 (round down to the nearest$100.05) - 14- Revised 2/2007 • 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. NOTES: IBIS 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" i Revises!2/2007 i NOTICE Pursuant to provisions G.S. 74-50(b1) of The Mining Act of 1971,Notice is hereby given that JP Russ & Son, Inc. T has applied on December 6, 2007 (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, or ❑ a modification of an existing surface mining permit to add land to the permitted area. The applicant proposes to mine Sand. Top Soil on 18.0 acres located .05 miles (Mineral, Ore) (Number) (Miles) SE of the intersection of SR1315 & SR0000 of Longwood _off/near road SR1315 Russtown Road (Direction) (Nearest Town) (Number/Name) in Brunswick County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort to 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 regarding the specifics of the proposed minine activity, lease contact the applicant at the following telephone number: East Coast Engineering & Surveying, PC 910-754-8029 . For information on the mining permit app ication 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. County of Brunswick PO Box 249 Bolivia, NC 28422 _ JP Russ& Sons-Inc. - Darnel T. Russ (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) Janua 24 2008 5621 Beach Drive, Ocean Isle Beach,NC 28469 (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record NOTICE Pursuant to provisions G.S. 74-50(b 1) of The Mining Act of 1971,Notice is hereby given that JP Russ &Son, Inc. has applied on December 6 2007 (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, or ❑ a modification of an existing surface mining permit to add land to the permitted area. The applicant proposes to mine Sand, Top Soil on 18.0 acres located .05 miles (Mineral, Ore) (Number) (Miles) SE of the intersection of SRI315 & SR0000 of Longwood offJnear road SR1315 (Russtown Road) (Direction) (Nearest Town) (Number/Name) in Brunswick County. ifSEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b 1),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 comments)to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51,a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials are on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifies of the pro osed mining aetivity, pleme contact the angficant at the following telephone number: East Coast Engineering & Surve in PC 910-754-8029 . For information on the mining permit application review process, please contact the Mining Program sta 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. JP Russ & Sons, Inc. 5621 Beach Dr. Ocean Isle Beach, NC 28469 JP Russ & Sons, Inc. - Daniel T. Russ (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) December 6 2007 5621 Beach Drive, Ocean Isle Beach, NC 28469 (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record) - 16- Revised 2/2007 Brunswick County, NC 71 SR i , RUSSTOWN OAD NW I� Ih 1 { i 1 i i i i cO N4V E EMENT Parcel Number 1790001501 Plat Date i Account Number i 60393190 Land Value ;$239,990 j PIN 104802889489 Building Value !$0 Owner JP RUSS &SON INC Other Value 10 Owner Address 1 ; Deferred Value $0 Owner Address 2 5621 BEACH DRIVE Total Taxable Value $239,990 City OCEAN ISLE BEACH Heated Sq Ft State NC Year Built j zip 128469 Bedrooms Legal Description — Full Baths } Parcel Street Number Stones i Parcel Street ! Ext. Wall 1 Street Type Ext. Wall 2 Street Dir Neighborhood ;6009 l'Subdivision Municipality 'Deed Book 2651 Fire Tax District GRISSET/LONGW Deed Page 0640 Township SHALLOTTE Deed Date 7/31/2007 Acreage '31.38 Plat Book 000X � Sale Price $0 Plat Page 0377 Disclaimer Map and parcel data are believed to be accurate, but accuracy is not Map Scale- guaranteed. This is not a legal document and should not be substituted for a title-search, 11nch-=:78S feet' appraisal, survey, or for zoning verification. NOTICE Pursuant to provisions G.S. 74-50(bI) of The Mining Act of 1971, Notice is hereby given that JP Russ & Son, Inc. _ has applied on December 6 2007 (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, or ❑ a modification of an existing surface mining permit to add land to the permitted area. The applicant proposes to mine Sand, Top Soil on 18.0 acres located .05 miles (Mineral, Ore) (Number) (Miles) SE of the intersection of SR1315 & SR0000 of Longwood off/near road SR1315_ (Russtown Road (Direction) (Nearest Town) (Number/Name) in Brunswick County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(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 leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials are on file and available for public review.during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifies of the proposed mining activity, Iease contact the applicant at the following telephone number: East Coast Engineering & Surve,X,ing, PC 910-754-8029 . 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 corn ments/documentation within the provisions of the Mining Act of I971 . pp p _ decision is made on the.application. throughout_ t e a licatron review racess until a final __ Eugene Tripp 1578 Russtown Road NVJ, Shallotte, NC 28459 _ JP Russ & Sons Inc. -Daniel T. Russ (Addressee/Owner of Record's (Name of Applicant: Include Contact person Name and Address) & Company Name, if Applicable) January 24,2008 _, 5621 Beach Drive, Ocean_Isle Beach, NC 28469 (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record Brunswick County, NC SR RUSSTOWN OAD NW W EMEN7 Parcel Number 17900015 Plat Date Account Number 65612290 Land Value $60,180 PIN ' 104802785236 Building Value .$51,110 Owner TRIPP EUGENE C Other Value .$990 Owner Address I Deferred Value ,$c Owner Address 2 : 1578 RUSSTOWN RD NW Total Taxable Value 11112,280 City 8HALLOTTE Heated Sq Ft 1,430 State :: NC Year Built 1996 Zip .28459 Bedrooms .3BEDROOMS Legal Description TR-1 7.19 ACRES PLAT 18/386 SR-1 312 'Full Baths Parcel Street Number 1578 Stories 'Parcel Street RUSSTOWN Ext. Wall I ALUM SIDINGNINYL Street Type iRD Ext. Wall 2 Street Dir 1 N W Neighborhood 6001 Subdivision f Municipality i Deed Book 0464 Fire Tax District GRISSET/LONGW Deed Page 0449 Township SHALLOTTE Deed Date Acreage 7,190000 ............. Plat Book Sale Price $0 Plat Page Disclaimer. Map and parcel data are believed to be accurate, but'accuracy is-not' Map Scale guaranteed. This is not a legal document and should not be,substituted for a title-search, 1 inch—785 feet appraisal, survey, or for zoning verification. NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that JP Russ& Son, Inc. _ has applied on _ December 6. 2007 . (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): Z a new surface mining permit, or ❑ a modification of an existing surface mining permit to add land to the permitted area. The applicant proposes to mine Sand, Top Soil on 18.0 acres located .05 miles (Mineral, Ore) (Number) (Miles) SE of the intersection of SR1315 & S110000 of Longwood off/near road SR1315 (Russtown Road (Direction) (Nearest Town) (Number/Name) in Brunswick County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort to 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 Ieased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials are on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding agarding the specifics of the proposed mining activity, please contact the applicant at the following telephone number: East Coast Engineering & Surveying, PC 910-754-8029 . 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. Mack Harrelson -13009 Clover Bottom, Mint Hill, NC 28227 JP Russ & Sons Inc. - Daniel T. Russ (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) Januar�24, 2008 _ 5621 Beach Drive, Ocean Isle Beach,NC 28469 {Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record Brunswick County, NC j i SR i RUSSTCWN CAD NW i r i i C NW E EMENT Parcel Number ; 17900018 Plat Date 1/3/2008 Account Number 162628690 Land Value !$333,450 PIN 1104802869550 ,Building Value i$0 Owner HARRELSON MACK I Other Value i$120 Owner Address 1 % SHERI HARRELSON HINSON Deferred Value$0 Owner Address 2 `. 13009 CLOVER BOTTOM DR Total Taxable Value j$333,570 City ;MINT HILL Heated Sq Ft i State NC Year Built - -- ; Zip i 28227 Bedrooms Legal Description 165 AC NC 1315 — Full Baths Parcel Street Number =Stories -i—�--� i Parcel Street Ext. Wall 9 Street Type i Ext. Wall 2 Street Dir j Neighborhood 16001 Subdivision i Municipality _ f Deed Bonk i 0097 Fire Tax District GRISSET 1 LONGW Deed Page 0483 ' Township SHALLOTTE Deed Date 'Acreage '21.4 Plat Book 0046 Sale Price :$0 Plat Page 0091 Disclaimer Map and parcel data are believed to be accurate, but-accuracy is not Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, 11inch =7785 feet` appraisal, survey, or for zoning verification. NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that JP Russ & Son, Inc. _ „ has applied on December 6, 2007 (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, or ❑ a modification of an existing surface mining permit to add land to the permitted area. The applicant proposes to mine Sand, Too Soil - on I8.0 acres located .05 miles (Mineral, Ore) (Number) (Miles) SE of the intersection of SRI315 & SR0000 of Longwood off/near road SR1315 (Russtown Road (Direction) (Nearest Town) (Number/Name) in Brunswick County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b 1), 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 regarding the specifies of the proposed mining activi lease contact the applicant at the following telephone number: East Coast Engineering & Surveying, PC 910-754-8029 . For in onnation on the mining permit application review process, please contact the Mining Program stiff 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. Mitchell Bullington PO Box 2588, Shallotte, NC 28_459 _ JP Russ& Sons,Inc, - Daniel T. Russ (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) _January 24,2008 5621 Beach Drive, Ocean Isle Beach,NC 28469 (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record Brunswick County, NC SR RUSSTOWN CAD NW 1 4 i I } NW I i 5 EMENT ' Parcel Number • 1790001707 Plat Date Account Number ;61352010 ;Land Value j$0 PIN ; 104802778281 Building Value $0 { Owner 8ULLINGTON MITCHELL G Other Value :$0 Owner Address 9 Deferred Value $0 Owner Address 2 PO SOX 2588 Total Taxable Value $0 City ,SHALLOTTE= - Heated Sq Ft j State NC Year Built ' Zip 28459 --- Bedrooms Legal Description ;TRA 24.40 ACRES PLAT 38159 SR 1315 Full Baths I Parcel Street Number Stories Parcel Street i Ext. Wall 9 Street Type f Ext. Wall 2 Street Dir j Neighborhood 16001 Subdivision r- ;Municipality j Deed Book 12593 Fire Tax District ;GRISSET 1 LONGW Deed Page ;0659 uTownship I SHALLOTTE Deed Date 14120/2007 Acreage E 24.40 Plat Book ,0038 — — Sale Price $537,000 Plat Page 10059 _ Disclaimer. Map and parcel data are believed to be accurate; but'accuracy is not Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch =786 feet' appraisal, survey, or for zoning verification. NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that JP Russ & Son, Inc_. has applied on December 6, 2007 (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, or ❑ a modification of an existing surface mining permit to add land to the permitted area. The applicant proposes to mine Sand, Top Soil on I8.0 acres located .05 miles (Mineral, Ore) (Number) (Miles) SE of the intersection of SR1315 & SR0000 of Lonjzwood off/near road SR1315 Russtown Road (Direction) (Nearest Town) (Number/Name) in Brunswick County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(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 leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing, will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials are on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the progosed mining actilityRlease contact the applicant at the following telephone number: East Coast Engineering& Surveying, PC 910-754-8029 . For information on the mining permit application review process, please contact the Mining Program sta 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 Rrocess until a final decision is made on the application. Mary Floyd 5521 Porcher Ave.. Myrtle Beach, SC 29577 ]P Russ & Sons, Inc. - Daniel T. Russ (Addressee/Owner of Record's '!(Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) January. 24, 2008 5621 Beach Drive Ocean Isle Beach NC 28469 (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record Brunswick County, NC I i 1 i 5R i RU$8TC7WN \\M AD NW i ! I i i i I I 1 r i i 1 , O NW E EMENT Parcel Number 17904017 -;Plat Date Account Number 62086950 Land Value ,$397,650 PIN i 104802675209 Building Value ;$0 i Owner FLOYD MARY L Other Value $0 Owner Address 9 i Deferred Value $0 Owner Address 2 5521 PORCHER AVENUE Total Taxable Value $397,650 City i MYRTLE BEACH Heated Sq Ft State I SC Year Built i Zip 129577 Bedrooms I Legal Description i Full Baths i Parcel Street Number r— ±Stories Parcel Street �------- --�—�- ;Ext. Wall 1 ------- Street Type �- Ext. Wall 2 Street Dir 'Neighborhood �6001 Subdivision ` Municipality Deed Book 11385 - Fire Tax District i GRISSET 1 LONGW Deed Page 0216 Township i SHALLOTTE , Deed Date 6/23/2000 'Acreage '45.55 Plat Book Sale Price $0 Plat Page Disclaimer Map and parcel data-are believed to be•accurate, but accuracy is not Map Scale guaranteed. This-is-not a legal document and should not be substituted for a title search, 9 inch =•785 feet, appraisal, survey, or for zoning.verification. NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971,Notice is hereby given that JP Russ & Son Inc. has applied on December 6, 2007 (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, or ❑ a modification of an existing surface mining permit to add land to the permitted area. The applicant proposes to mine Sand, Top Soil on 18.0 acres located .05 miles (Mineral, Ore) (Number) (Miles) SE of the intersection of SR1315 & SR0000 of Longwood _ off/near road SR1315 (Russtown Road tDirection) (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 ]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 information regarding the specifies of the proposed mining activity. please contact the applicant at the following telephone number: East Coast Enaineering & Surveying, PC 910-75 -8029 . For information on the mining permit application review process, please contact the Mining Program staff at(919) 733-4574. Please note that the De artment 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 apnlication. William Benfield PO Box 829, Little River, SC 29566 ,_- JP Russ & Sons, Inc. - Daniel T. Russ_ (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) January 24, 2008 _ 5621 Beach Drive Ocean Isle Beach NC 28469 (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record Brunswick County, NC ............. SR RUSSTOWN OAD NW a NW- E EMENT Parcel Number . 1790001304 Plat Date Account Number 61047090 Land Value '$93,020 PIN 104802687103 Building Value $156,130 Owner BENFIELD WILLIAM ETUX THAYLA Other Value $19,410 Owner Address I Deferred Value 10 Owner Address 2 PO BOX 829 Total Taxable Value 1$268,560 City 'LITTLE RIVER Heated Sq Ft :947 State Sc Year Built 11988 Zip 29566 Bedrooms 13 BEDROOMS Legal Description 6.087 AC SIR 1315 Full Baths Parcel Street Number t1k Stories Parcel Street A"1141, ;STtOW!��Jj Ext. Wall 1 CONCRETE BLOCK Street Type Ex t. Wall 2 WOOD ON SHEAT OR P street Dir Neighborhood 6001 Subdivision Municipality Deed Book 2120 Fire Tax District GRISSET 1 LONGW Deed Page 1052 Township SHALLOTTE Deed Date i4/712005 Acreage 6.080000 Plat Book Sale Price $250,000 Plat Page Disclaimer. Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is not'a legal document and should not be substituted for a title search, I inch =785 feet appraisal, survey, or for zoning verification, (� m � Qz J.P.RUSS&SONS, INC_ PARCEL#1790001501 O Q w p1 DEEDBOOK 2651,PAGE 640 C U Tl C''o 5 W r cn WILLIAM& THAYLA E v"�p� A64, W '� BENFIELD D��pB Q U Z PARCEL#1790001304 J.P.RUSS & SONS, INC. ¢ OR DEEDBOOK 2120,PAGE 1052 PARCELA 1790001503 DEEDBOOK 2651,PAGE 640 C3 O W R. od O MITCHELL G. BULLINGTON a o PARCEL#1790001707 MARY L. FLOYD DEEDBOOK 2593,PAGE 659 c PARCEL# 17900017 E DEEDBOOK 1385,PAGE 216 MACK HARRELSON 9 u PARCEL#17900018 6 w L3 DEEDBOOK 97,PAGE 483 Fes- o m �' Gp°a o H h 00 00 _ Q e.4. u G VID q O Eon° �- 73 sn m z m - � o 48 LU r �rqa � W 0 BARBEOUE ROAD 02008 This drawing shall not be reproduced in whole or in part without written permission of East Coast Engineering&Surveying P.C. APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, Daniel T. Russ ,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, 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) Grant Bullini?ton PO Box 2588, Shallottc, NC 28459 Eugene C.__Tripp 1578 Russtown Rd. Ocean Isle NC 28469 Mack Harrelson 13009 Clover Bottom Dr Mint Hill NC 28227 (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) [i.e.: City Manager, County Manager, Mayor, etc.] _ Marty K.LawingiCounty Manager Post Office 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 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 Iocated in compliance with N.C.G.S. 74-50(bl)and 15A NCAC 513 .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 o be mailed and to provide them to the Department upon request. K J _ —zl Sig re of Applicani or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Daniel T. Russ Title of person executing Affidavit Manager 1, Sabrina B. Babson a Notary Public of the County of Brunswick , State of North Carolina, do hereby certify that Daniel T. Russ appeared before me this day and under oath acknowledged that the above A it was ma .him/her. NOTARY 2 Witness my hand and notarial seal, this 6th day of _ DecembW P,l,lS1 Ic* 007. atary: my Commission11;� es: C g 4r 27- 2008 - 17- ! Revised 2/2007 R 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: LQ,-O j 12 Signature: , _ �� Signature, Print Name: JP Russ & Sons, Inc. Print Name: Daniel T. Russ Address, 0000 Beach Drive Title: Manager _ Ocean Isle Beach,North Carolina 28469 Company: JP Russ & Sons, Inc. Telephone: 910-754-6023 Mine Name: JP Russ & Son Mine Telephone: ( 910 ) 754-6023 *Signature must be the same as the individual who signed Page 1 of this application. One original and five (D copies of the completed a location six 6 copies of all location maps, mine maps and reclamation maps,and the appropriate rocessin fee see next page for fee schedule)in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources,must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. - 18- Revised 2/2007 APPLICATION FOR A MINING PERMIT MINING FEE SCHEDULE A nonrefundable permit application processing fee when tiling for a new mining permit,a major permit modification or a renewal permit is required as follows: TYPE ACRES NEW MAJOR PERMIT MODIFICATION RENEWAL Clay I but less than 25 $500 $250 $250 25 but less than 50 1000 500 500 50 or more 1500 500 500 Sand & Gravel, 1 but less than 5 I50 100 100 Gemstone,and Borrow Pits 5 but less than 25 250 100 100 25 but(less than 50 500 250 500 50 or more 1000 500 500 Quarry, Industrial Minerals, I but less than 10 250 l00 100 Dimension Stone 10 but less than 25 1000 250 500 25 but less than 50 1500 500 500 50 or more 2500 500 500 Peat & Phosphate I or more 2500 500 500 Gold (Heap Leach),Titanium & Others 1 or more 2500 500 500 A nonrefundable S50.00 permit application processing fee is required for minor permit modilleations. 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 ofthe minimum permit bufferzone requirements,where no plans for mining related disturbance ofthe added lands have been approved.All other changes are considered major modifications. Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area Orland 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- Revised 212007 APPLICATION FOR A MINING PERMIT SCHEDULE OF RECLAMATION COSTS (Based upon range of S500 - $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) $18001ac. $2000/ac. $1800/ac. $5001ac.(L) Borrow 1500(FI) $2000(PD) CS, DS, 500(L) 1800 2000 2000 500(L) FS, MI, 1500(FI) 2500(PD) LI, PF, OL. KY PH 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) CL 1000(L) 2500 5000 5000 2000(L) 2500(FI) 3700(PD) PE, AU, 1000(L) 2500 3000 3500 2000(L) TI, OT 2500(FI) 5000(PD) (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage& revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING AS A MINIMUM: • FINAL GRADING COSTS PER ACRE • LIME AND FERTILIZER COSTS PER ACRE • YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) • MULCH AND ANCHORING COSTS PER ACRE • ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS- POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. 1.000 copies of this public document were printed at a coat of$845.81 or S.85 per copy. 412002 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES-LAND QUALITY SECTION -21- r JZ 47 if IS ]� IJ _ � Y f I . ° kil Old 5hal{atte _ µ --- — 0 2UO2 0*11--m•.]-D TopoQum •)l DMIN Copyri9hl of ;on4ent owner. - ww A.I.rmr.com - - - N i I e moos- t y f , ( A, __- PRIMITIVE OR UNIMPROVED ROAD GRADED AND DRAINED ROAD l/ J / ✓; O (/ O HARD SURFACED ROAD SURFACED ROAD 4 LANE UNDIVIDED HIGHWAY aura ❑IVIDED HIGHWAY 1400 1499 RORTHWES 47 HIGHWAY WITH FRONTAGE ROADS Tet - ` FCA lie FULL CCNTROL STEM ROAD 5SS F NON-S PROJE -Ar 1500 1561 � - A INTERSECTION LOCATION ® I �, 1. ♦ ♦' / '� INTERSECTION DISTANCE 1300 I ` a0e7 ' /• �% {y / I 1444 ( '•\ rV �• TRAFFIC CIRCLE 32w, HIGHWAY INTERCHANGE 11 M1 r M1~ I \ ' I 1 O x / -.` r• 1, / >Zt4 �.. ! x,°.am I e�r ! `\ r 11 ]jQQ _ j!)]j \\ ora o°a ass m I �r ♦- �/ °♦ 1 +\.! ! DETAILED HIGHWAY INTERCHANGE ,'SAMDYP.CREK/r �' +-.- PfiaPrth q ! ROAD THROUGH MOUNTAIN PASSPO - / A- HIGHWAY'° /.' '\_ 4 a HIGHWAY BRIDGE I """. •�.. / ` '_ -� .� •l +,�+ UNDERPASS 1 ! I / \. /..+. { ? .. _.�\ ..-•-�� OVERPASS .yam ' e KEY TO COUNTY ROAD NUMBERS �•' r l ! ^ '': ro Sr•\. _I \ ,. �;; Eiif rook y DRAW SPAN ON BRIDGE 71 .Y-.i'' \ Rovew 1 G — HIGHWAY TUNNEL t� 1P •.ti I, p 1343 r �� 1314 e ,b s,•te, / /! ~! ! •-,/ 5 r /. lw 1 �tzllA \/} + �._.\ 3y ` —�— FORD 5 /, I-Tt •�, f' - ! INTERSTATE HIGHWAY ,� I o � r I femme �L / '! I _ ^♦ `�-7 � 1�_.� ,� �L-� -'t j\ � r �r�1( Pr i ' �7 / \ ' S.. I "`fv ♦ / T6 U,S.NUMBERED HIGHWAY - ,y r s 3 1a91 221 a ' t t6 a IIII ill C' / {a RAus L 1 B � C.NUMBERED HIGHWAY N, \'/ / •y ( III 1 + I !I I I I ♦I I I f 1 / y L'• + 14 ° land Il POP.�630 / 5'y © ® U,S,NUMBERED BICYCLE ROUTE /' 1LlR A 7 PL.a.a,3 a \D4 r` 7/ ��'\ Ax1 ®a IN C.NUMBERED BICYCLE ROUTE w INTERSTATE INTERCHANGE NUMBER /! � J/ Ingot R ^( \ // "' •\ I I I I I I j III etap r/• 1 EAGLE \ on SECONDARY ROAD NUMBER 4 �'- - - _ _._. -_. CABLE RAILROAD,ANY NUMBER OF TRACKS I r / t ` USED BY SINGLE OPERATING COMPANY J / \ + - I' 1 \ USED RAILROAD DIiI THAN ONE OPERATION T 4 .}'-. \ - _ \. \ .J R ISLAND 1 nP.mP !� \ / } y /' \ rI RIGHTB-0F ON OR ADJACENT RAILROAD STATON .44�L •rL...! 1 �•.. - y L 'I •''.h �. 1 ,/ ! _ \tp� I a 14 / r u1 GRADE CROSSING i \ /in' n�.,r\ •♦ S,'10, _ gP1: ` H...y island UNDERPASS OVERPASS / ♦\ !c: t" �/ \♦\ �\ t r ! Z! es•ta ♦ I 5 51 y \ Q�1� '�a - 1I44 '�'' •.\ '4`1..b RAILROAD TUNNEL .. ♦\ -♦ �•.'Eti ..''Y 5, '•♦ .\ 3.4L4. INSETAREA \ 1x '^ /\ 11 �1\\ \;\ ♦♦ r °'}�33,1 °preQ,,L• f ,/ 0 \• ,L 1y ..♦ \ - t 16/ Z URBAN EXTENSION ,r v I I ♦♦ I e \ _ /.._ 1 •\ .• 5 /-', -� !ip 9 /. 5 1 r --PiE--- BOUNDARY LINE + _ �% y I r 1 ♦, r,,r•!%z 1.r '�. MrnJr r+eea / 1• \.�. I V J '� ♦ u, 9i.rwP J / 0 RESERVATION Cn \ 4 1 �l \ :>+ i 1 1 C _ Pn. PAR NRY < CITY OMIT 9HAtLOT11E --\ /•^ i+ ^ y ~"+� \ 1 - y I ' -� -�\� ` J L ! `' - "I1 \ KKK NATIONAL.FOREST BOUNDARY POP.tan / ♦�, I / ' \. + ' •5 1 1 .1 .I' iJ 2 ' I 1 m •°'R STATE FOREST BOUNDARY 1 y L L., L y 1--♦ ! ._ y..� .- t. ;l113 /• _ FEDERAL GAMELAND BOUNDARY ! 1 F \ / 141� ,•,.. y Tveen�, '1 `-'`-�.MMpy A4■ .. 'I '\ _."�b..4 }� •)( /' I I '.v.' - I I ..�', ° /, _ }- / / _ I ,.,C I Z,1 STATE GAMELANDBOUNDARY J"-"F`� 4 ♦ f L 1 y yN'I N 5 / >` R° MILITARY RESERVATION BOUNDARY l '\ 1 \ GC.. . y 5 1 ! I l �• � '.V /• c }M'!i .. _'�`_ ..f Y _-1 t4•ty _•_--•- COUNTY LINE q -1+{ i y y '1 'y 'y �' 1 .. 1 1� / �2 1e76 i I� _.._.._. STATE LINE^e .\ ` y ♦ Y \.. - \ \_, .'r•- I 1 '� "T�.. Landon I r~ =- t, 1 1 1el # '♦.. -' JJJ , INCORPORATED CITY OR VILLAGE, I \ f---`'�.r. -..� .I 5y .-1 ( ° r 9 �J\ -., r t - , (GENERALIZED) ! 'Exam ,340 I S 1e6 f-• $� �, +.._ I' M■k.IONa yQ y1 + 5 1 I.- '•I t�P ` .� ey. .� (\. Isee, I -�;, �•�,�} FREE OR TOLL FERRY J G> �� Fs■Lnd rc1336 ;34 /\ 3e 1 2 1 / ' /.. " ! 1 a - CANAL _ 1 NARROW STREAM N.w BMW 37 i4Q7 \ .111, @■n5w■mP .1,\ +- .s �• .. 1' \ WOE STREAM r- - C (�• B■'" \ 13 3 7 f, 1'\ ��,� ~ -y_ I 2 v _ \�Y / J ''� teP'- ✓- � L t \ LL / /- I \ - a...,: _ - s,r ` r tSill +, I.S� / '.k ♦. 1 a + , ♦ DAM` THLOCK '=; J\✓ I - r \1 �• s / / 'G•• t 1 }� DAM ----- 146E _ •\ l �' /' _ C) � ` ]3ii I� /' -1 , 1. '•.. ,i '` � 3 RESERVOIR,PONO,QRLAKE 1 / __ \ \ '\'r_. /'. '' 33i I �,•. ' _ 'U��._, CAMPBEl1 y COMMUNITY AND TOWN CENTER __ - _ -_ ,']aE4 � \_ / ! 1 /-./1 ' + ♦..�` .!S4 / -'�..-1. 1,. ISLAND J 3J COUNTY SEAT 101. SCH --_- _-_---— - - ^ r.Ash - 1 ' 3 '' _ r.a Gb.. ,- ,L . Funft l l i CGLOEGH OR UNIVERSITr.' !34 \ 1 1 /' ' / + 4 1 - - - t ,1 t t . 1I * HOSPITAL YJ■mam■w \ i /' ! • I rw l,y �.'. -♦.- ''Y 9- /' 1,r R f CHURCH i I h _ �, l i O / Il 1,�4$ 1 ,I .'i 1 ! _ y . !^I /-'-7 'I +' CHURCH WITH CEMETERY - - - - _ — - - - - 13 / 1. •r 'S i ••y. _ / \ 1 v . 'L' ! L i \ 1 1 '}I CEMETERY .1333 Cb +' -} ♦ I I * PATROL STATION �: /•• -1 f .'� / /' ,' \ ♦ �' -401 '♦ L- ♦ �� ® CORRECTIONAL OR PENAL INSTN. _ •5'+ �f / J .�' 1 �, / .•! �Sy �. / —. �.. . i` } .le _ �s ,�• •,-� \� / _ I I B HIGHWAYOARAOEORMAINT.YARD Af .L•' 'y /" ♦ 1'°- _ qe,. / ® HIOHWAYD'V.ORDIST.OFNC'E 31 ''L 1 \ 4•• i' s 1 - / 1 .I ✓ r e'O6POL7 A ♦ _/_ i \ / i d WEIGHT STATION -_—_ _ -_ -_ —__ ` r 1 } L221 1 '♦ ,' / •/ e, Y MONUMENT-SMALL HISTORICAL SITE rJ3 \ �..v! + 1 I IJ "•°e t LIGHTHOUSE U1., �• / 'I o ✓.., _ ;. .� 1. Laa �s1 yteNesw.uy yG! \,\ I _ 5 I 4 /Vy wPOeEN7D ' * I . . -t MOUNTAIN PEAK-d a°pe RESTAREA ------ 1 •Y - /• / '\ ' ! h•, e i�Sl ♦ 1 `♦ I m TRIANGULATION STATION L ♦ '' ! \ , �,. / �. / / \ 24 � .a! •� 1401 '-. ,�` .1�- �i I t `vJ\� ♦\ u I K/.,r � COASTOUARDSTATION 1 R.v■n + '\ 131!t. - / /' /'. y / /'•// / /1 \ ? / I I l .i s ` 1 4 w 1 - ._ /!\- / I. f •\ 'l S?9 MILITARY AIRFIELD 1 �L..,.Ja- \' w v .Y. COMMERCIAL OR MUNICIPAL FIELD !r �I • 1 31 .\ ]� / X i•' '♦ ...� ' .a •h' \-. \ 1 # 1130 Orion I HANGAR ON FIELD }! i •.\. --/ J \�wl..�� i' aria /.i - I t \`1 \ LANDING STRIP ,maoc ' L., / /' /' / ! rrJ 1 S 4 T > v ../' ♦\ / ORTON I �' .� 16e3 t _ 1-. a L-- Y f •r PLANTNON QJ MARKED AUXILIARY FIELD r - ! \ wnoen6 f z.x \ 1Jf4Q I 1 -y• /-' / /: ;J , - ,. d I �. •.�' I I \ oib swICN hvrE'R 1313 t1 =-_ MA 7ERW4YJ3� Frihp PRfGs LAK ck d14 c 1� \ - i u.• '\ �'. 4 } ,A - 130" = AVM \ f - i i \- C ! +��-� 1 - CGA /• � / IS -�.• -V-ffi. . \ it ,r ,.e .` ?, 5 .. .. `sxPmP AfYn ./•. 5N I I. �. / /.• •\ .e ,1 /+ a 'e 1 a L- .� n I / !'� ^+ 1 aft•. \ SWUNG SPRING / \ J 1 L '\ 'L-... �t F--_..•- d \ / +! 11111 �- '♦ \ r ' '� '- \ LAKES @ +•sONNr Pawr,. \ y Im'.. / j 1 a ffsa1 W 1 e00 ! .o l • `J" ) POP 3.7w J l ckdr.r µ r u.l 1Li4 = u a ee 1 �. p I�♦ / / \ \ I I- ♦••' 1 .C. _. _ f � ..; . '♦. � -f �. >t!3 �- '-T1a'F' ~ _ _ 717! 1.. r •.♦ R ` / „! fi . / r F' r ♦ i r J.q _ _ 1 1 ale ! ._ 4J + } + � � II rL.,� r 1z / u � _ ,a ' - •.! n1 \ !'-/ ' \, \ 1 1 L / v / �.. !- ! L a $1 If \ > a4 `- r JSxl1!" '.♦ JY� _ ; I \.r \ 1 I t �" / !. 1 ' ® - I t e — ee g r" a �.. 1�93 * 4 ti "♦ I 1 • - /.' �' :�; a I� �, :1`'r , ,� ` !� S z /f t tali! ♦ '° � 1�9Q I 1 1 ♦ �_ arse ,1 9 .a ® ../ r 11 / - t111 4 ♦-/ ♦ \ I C / cn 1�L /} L R. ti I 1� '� , 'sonNR r ♦/ ! i i \ I' �,. ..r`'_ - ey f 1r --�. re r ��, T 1 t rt ., .y \ / t _, u LLL i ,� y }.. ..`�. .,\ e .♦• ♦ .} _ BRUNSWICK \ ,r 1'04 ffeeRlrnrri �6 ;h? RIvr� , ♦ r 1 Ini / P COUNTY L- O " HIcbn.rs �~ \ \ .r Ic~^ C / °. -J-`�i.i- .T 1 1Nity J♦. �..h.. -' .._ p lXEL G " cree.w.d■ `=�j 1. '.' i 1a T�,«nasoom I 6 /' �,'` ll t �.. Y - .i'�Rj ° 'x o- 4.5' Menc�� �''J 1 r� ;T+J' __ >` ,. '` e ♦ IiW.E ro..rc.d. SNALt-OT1� * r T I / e , smlm 1 r e / —. _7 'm tn.O.N'. ' 1 LL4i \ \ -�-'`.T T 1 '! r I`v e0.� y '•\ t:A, 51 'y}', /', T t SIA \} „ �' ''' +• '� 'v :I t 1'r! eo oov O 3!•aa 116S 1..�. : '� l �' Y I. 1 �� V,3 Y .e .tom � `I /\ � a r�1 , - 1 \; NORTH CAROLINA �\ _ lie � _/ � �te ♦.1 r .e r �'• \ / - .� � I \ CALAMSH ! �11143 /I x Z S U \l 1 I \PCP.z.aw I I, ' .., !3 1112 �' I. T r •.J 5 tQj,[ ; / -. _ yg� t/ ) %�4 PREPARED 9Y THE \ ' ' \I +' '• I Al I_- ., l..1 J I ` ° ' ® u F.doml PofM g MATCH LINE A _ 1 + man Isis 9 lAi. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION 4D wvc y \ 1' 1\\I + 5/t Nmsn i c1 L ,. ♦ G I j T7eaasrrr DIVISION OF HIGHWAYS - GIS UNIT - I L..1 er i eecx 9�„RD� � � �, � ,, u d'"E L.�p — + }g t� I U.S.DEPARTMENT OF TRANSPORTATION +� f zExf IN COOPERATION WITH THE �� cif ISLAND 81un■wick Cowriy �s1 GALA a + AFpark 4 FEDERAL HIGHWAY ADMINISTRATION "�I Sss■hie �,� HOLGEN BEACH ` \ R \ 1 AS ELlZABET FHPOR \ N�Y O,dpO Fop?ORIp 6A6Ep ON No tTN CA90uNA PLANE 000RO NiTE are EM HEAD �w /7 k aH a 1 ocEwoLElIencH '� POF.x,aot 1 REVISED ca Bonep. 'e 1 k e `,� 7 POLYCONiCPROJECIT" tII D R ISLAND COLgNS ,dl ! 1 ' 'Ai •\ BATTERY NOTF MAP INCLUDED ONLY STATE M GADS NED ROADS 1!5lBBDDR O *.NECK I 1.-.�_�/[�_/- k k LONGSEACH h/ ISLAND 15 OR IMPORTANT NON-SYSTEM ROADS, SCALE 511MDOR \ �' L� POP.e,27e L1 I yp p�ROADS SHOWR;AS OF SEPT 13.2000 1 0 I 2 3 A MILES POP 131 A. 1NTF�CDA.gTA 1 r J YO�N�CH + 1+ I 9 W 7E4LTA 61 SU SET BEACH 1 9 0.5 1 MILE p 5 \ OP t'We STRIKING POp2aecN 9U2Z4Rf] SCALE FOR ENW004NTS AseP>a O O0N0 � SkY m � a40(c .� A �NaTG L1Ne_ A ....., BRUNSWICK COUNTY 019 �'e�g>Y� ���to a» •`j �R �� � �� ��� 5�� "� gg3 � cn q� ss3€ a g {�a3 '¢¢� z 5s& am > .3- F " y9�5p°pg ggas "3a� am JIB: m a$ $RedS ;3" n 's; 4 x sRa €RS fj n eeex %s! A N a p C G1 g --.. 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I 33 _ - QQ a `n° '".�. n2p sic _ - zz� H caC cc -sg a3 R S 1 4 - C •o I ca - €'x - d° 'I I` m-.��c - rn ��- �, ,, w � _ - _ _- .>�.K= � � h�' �I I � '�. 1 r =<` — - ? `+` � f IIIIIIr_ Ir y a 1 XE aK - 1 :� _ " v : x > v 1 22 n a - � I �.n 7� j PUUMINARY MINING PLRWr MAP EAST COAST ENGINEERING �p Q F PRELLM(NARYMFNING PERMIT:NAP EAST COAST ENGINEERING � _ € PRLL�^gY WNING PFRM'T M� EAST COAST ENGINEEFORn n m"�'y 2 NA &SURVEYING,PC M —" �= fig€ ° &SURVEYING,PP.RUSS&SONMINE &SURVEYING' PC `� "_°' 9_ sI� T.P.RUSS&SONMINE A° �� J.P.RUSS& SONMINEyr: vx...�eFe m - 6�`cFA �.CLr o: mA C F .,�,:_:,....,,r,,...r c._:_: I�lm - ., c...o_ Rr, F 6 �.c:�a= o �'\ ° _ Vim:,mr Ur Y` - I v I l ;s� ILE m w � a u ma pR q vg N �} �\I _a. • .gm - � N a ffi-ys • � '` �R �� �^ N ,� � �„-; 1 � o AmM m y I Pm �,r� ,i �v�� p } I. \ '.�'"r �•� I r, i _ n r P .r ��� 1 Zvi 1 !�°6', 0 °gym Agas • 1r, m �`° P �, �. • 415 m a Q 5 � 1 S ce �� r Q 17yt,,, �8 �§ �. 1�f z �w4 a � '� I x, x 8 � » - e C) -- — WI°]fgrvE I'Sl].SY f`Ik Nlltyl'&tE '1555' k I , i I".51V0 I` C) 0 l , 11 7 cO - - FO 1 $ X1O Il � z� �' £ i 1— EZA _ i r "0 I l m m _ a a-� € � { y„E } I � g imp E5 ' ��� � $e' a '�� c� g 4 R F.. and 9 �2 G d zs a n��5r zstEEL enst �!^E z51EEL Pasr T i m.5 '� TEEL�6T YSTEEL PC6T ,� - ] ' — ' m �� �� � ' � ���l � 3'9'fEEI POSE r „ gg STEEL m '438 i z z z4 qI. n aixYm 2g 8 FLr C m 4� rMirv. I RVim " f mti ' c[ of §p =n m a=a -„s pR , � & 4 3 H sy a 4 c 3� 3 _ g I �� 3g1 a �fms s a ze o ---nJa =-- 8�.3 m® e� wF g S w 3 7 g "S 5 a s j �sam � 1 U RECLAMATION PLAN a �, ., e RECLAMATION PLAN - a _ _ RECLAMATION PLAN FOR EAST COAST ENGINEERING _���P9"�, a € FOR EAST COAST ENGINEERING a 5 ,a —p a r toR EAST COAST ENGINEERING M2120, y�_ ,_ &SURVEYING PC I: y `at=' �'> &SURVEYING PC q a� „dF;p ;o &SURVEYING,PC b Al A: J.P.RUSS&SON MINE �., J.P.RUSS&SONMINE N lo_ ��_ J.P.RUSS&SON a .7 iiA..-...'e.a k 1F o o m.m �.a 'rs,v n T ,, .,.,H.��: � g k.`?�..�u"tea:? xe� a _,- s o };°?:•4_..,"i s€ a�e �� F North Carolina Department of Environment and Natural Resources Division of Land Resources- Land Quality Section Mining Program 1612 Mail Service Center, Raleigh, North Carolina 27699 (919) 733-4574 Fax: (919) 715-8801 FAX COVER SHEET FAX NUMBER TRANSMITTED TO: . 7 To: L Of: From: 1 Date: COMMENTS: *IF YOU DO NOT RECEIVE ALL PACES;PLEASE TELEPHONE US IMMEDIATELY AT(9I9)733-4574. NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. February 29, 2008 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. Harr Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for J.P. Russ & Son, Inc. J.P. Russ & Son Mine #2 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. Chastity Clark 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 • , i .APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine J.A. Russ!i2°ss vn Mine it O*-k County Brunswick River Basin Lumber Latitude (�)?�3a_59.y Longitude (�V�-7 8'�•,_ 2. Name of Applicant* J.P. Russ & Son, Inc. 3. Permanent address for receipt of official mail** 5621 Beach Dr. SW, Ocean Isle Beach,North Carolina 28469 Telephone (910 ) 754-6023 Alternate No. (910 )443-1100 4. Mine Office Address 5621 Beach Dr. SW Ocean Isle Beach North Carolina 28469 Telephone ( 910) 754-6023� 5, Mine Manager Daniel T.Russ We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature Date /08 Print Name Daniel T. Russ Title Manager * 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 he considered complete. Attach additional sheets as needed. - I - Revised 2/2007 978*32'1 Op.w i 078r 31— 'O"Illy 078-33-10,00"W 0787 30'30.00""V M 078'3011100"W 078r*2930.00"V z NORTH CAROLINA-SbUirt CAROU 7.5 MINUTE SERIES1(TOPOGR"HIC) C3 PIREWAY 7 MO, 6 728 129 2150GOO r�V iN,C.)l 78, 30' q C3 I Untttd Ch IL9 90000 FEFT 4 T 0 s4- n-Min V: z LL z - �o- 6 �7 ow'7 A, h % 7' 4. tic" ov z % T 1 16 k co V ZI 6 �."P A A IF ST 30" terr 3760 7F!-77--.� j % 6718'311'36-001"W 1 68-13'1'�01.010" UV 1 1 1 1 678-3f}'30.601--W 07i-13b'jd.dOj'W 1 1 1 0.0011 Name: CALABASH Location: 033o 58'40.0" N 078* 30'56.0" W Date: 2/28/108 Scale: 1 inch equals 2000 feet Copyright(C)1997,Maptech,Inc. APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding,detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 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 thatfF "new permit" fee will be based upon): 18 acres Of this acreage, how much is owned and how much is leased? Acres owned: 18 acres Acres leased: Property owner if leased: ❑ If this is an application for RENEWAL of a mining permit,indicate the mining permit number and the total (overall) acreage coveredy the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): ❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes [INo E. 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(i.e.: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): ❑ If this is an application for TRANSFER of a mining permit;indicate the mining permit number and the total (overall) acreage covere3 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: Top-soil and Sand 3. Mining method: Hydraulic Dredge ® Front-end Loader&Truck ® Shovel & Truck Dragline & Truck Self-loading Scraper Other(explain): 4. a. Expected maximum depth of mine (feet) 30 Depth is relative to what benchmark? 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Box 2469 r_ x o Shallotte, North Carolina 28459 om COUNTY' CITY' NORTH CAROLMA 910.754.8029 Fax: 910.754.8049 ° q �ST Cc,�, North Carolina Department of Cultural Reso rces APR 0 D State Historic Preservation Office $ 2008 Peter B.Sandbeck,Administrator Michael F,Easley,Governor c Yves and History Lisbeth C.Evans,Secretary Div �tdr r' �rces Jeffrey J.Crow,Deputy Secretary David Brook, t ON April 4, 2008 MEMORANDUM TO: Floyd Williams Land Quality Section Division of Land Resources, DENR FROM: Peter Sandbec� SUBJECT: Application for Mining Permit,J. P. Russ & Son,Inc.,J.P. Russ & Son !-fine #2, Brunswick County, ER 08-0712 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 porential 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 cornment, contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. n Location, 109 Bast Jones Streut,Raleigh NC;27601 Mailing Address!4617 Mail Servic4 Center,Raleigh NC 27690.4617 Telephone/Fax;(919)807,6570/807-6599'