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HomeMy WebLinkAbout10-81_1_Redacted ROY COOPER Gaeernor ,i MICHAEL S. REGAN Secretary Energy,Mineral& TRACY DAVISDirector Land Resources ENVIRONMENTAL OVALITY - December 1, 2017 J Larry Faulkenberry J Larry Faulkenberry PO Box 44 Kershaw, SC 29067 RE: Mining Permit No. 10-81 Royal Oak Brunswick County Dear J Larry Faulkenberry: 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 S500.000 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, 4z- r'`,cis,,., William "Toby"Vinson, Jr„ PE, CPM Interim Director, DEMLR State or North Carolina I Environmental Quz&Y I Energy.Mineral arid Land}kesourc es 512 W.Salisbury Street 11612 Mall Service Center I Raleigh,Neirth Careltna 27699-]6]2 1419 70 7 9200 North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT ® PERMITTED MINE SITE ❑ UNPERNIITTED MINE SITE 1. MIME NAME: Royal Oak Mine 2.MINE LOCATION: Royal Oak Rd. 3. COUNTY: Brunswick 4. RIVER BASIN: Lumber 5. CASE: 6. OPERATOR: J. Larry FauIkenberry _ 7. ADDRESS: PO Box 4-4,Kershaw, SC 29067 8. MINING PERMIT#: 10-81 ❑NIA 9. PERMIT EXPIRATION DATE: 11/10/2018 ❑ NIA 10. PERSON(S) CONTACTED AT SITE: none—no one on site 11. PICTURES? ❑ Yes ®No TAKEN BY: RECEIVED f C C 12. TYPE OF INSPECTION: ❑ A. Initial Inspection(Unpermitted Mine Sites) 1. Size of affected land: ae. (attach sketch neap) MAY 0 9 2017 2. How was this area measured? Measured by: ® B. Routine Inspection(Permitted Mine Sites) LAN U Q1 ALI Y C. Follow-up Inspection MINING PROGRAM 13. Date of last inspection: 02/15/2012 14. Any mining since that date? ❑ Yes ® No If yes,cite eNidence of such mining activity; 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 ❑ NIA If no,explain: 17. Is the mime in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ '_!To ❑ 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 or C,is there potential for offsite damage? ❑ Yes ®No Explain: 19. Corrective measures needed and/or taken: None 20. Other recommendations and comments: Please call when set to begin mining operations(910)796-7215 21. Is the Annual Reclamation Report+/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed ❑ NIA 22. Follow-up inspection needed? ❑ Yes ® No Proposed date 23. No.of additional pages of Inspection Rep 0 24. Copy of Report sent to operator 05/01/2017 INSPECTED BY: Creigbton Brown DATE 04/25/2017 Telephone No: (910)796-7230 _ Copy to file Copy to operator Copy to Mining Specialist North Carolina Department of Environment and Natural Resources, - Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME Royal Oak Mone 2. MINING PERMIT# 10-81 3. OPERATOR J. LqM Faulkenberry 4. COUNTY Brunswick 5. ADDRESS PO Box 44 Kershaw, SC 29067 6. PERMIT EXPIRATION DATE 11/10/18 7. RIVER BASIN Lumber 8. Person(s) contacted at site None 9. Was mine operating at time of inspection? ❑ Yes X No 10. Pictures? ❑ Yes X No 11. Date last inspected: 04/26/2011_ 12. Any mining since last inspection? ❑ Yes X No 13. Is the mine in compliance with the Operating Conditions of the Permit? X Yes ❑ No If no,explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? X Yes ❑No If no,explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes X No If yes,describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: Contact this office prior to beginning mining. 18. Is the Annual Reclamation Report+/- map accurate? X Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes X No Proposed date 20. No. of additional pages of Inspection Report 0 21. Copy of Report sent to operator 02/23/2012 INSPECTED BY: Brian Lambe DATE 0211 5120 1 2 4 Telephone No: 910-796-7314 Copy to file Copy to operator Copy to Mining Specialist North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME ROYAL OAK MINE 2. MINING PERMIT# 10-81 3. OPERATOR J. Larry_Faulkenberry 4. COUNTY Brunswick 5. ADDRESS Po Box 44, Kershaw SC 29067 6. PERMIT EXPIRATION DATE November 10, 2018 7. RIVER BASIN Lumber 8. Person(s)contacted at site no contact made onsite 9. Was mine operating at time of inspection? ❑ Yes ® No 10. Pictures? ❑Yes ®No 11. Date last inspected: June 18, 2008 12. Any mining since last inspection? ❑Yes ®No 13. Is the nine in compliance with the Operating Conditions of the Permit? ❑Yes ❑No If no, explain: Mining operation has not started yet. No heavy equipment onsite 14. Is the nine in compliance with the Reclamation Conditions of the Permit? ®Yes ❑No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes ® No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: 18. Is the Annual Reclamation Report+/map accurate? ® Yes ❑ No (Explain) ❑ Not Reviewed Report was received January 7 2011 19. Follow-up inspection needed? ® Yes ❑No Proposed date February 10, 2012 20. No.of additional pages of Inspection Report 21. Copy of Report sent to operator 1/19/2011 INSPECTED BY: _Garry Beecher 6da DATE April 26, 2011 Telephone No: (910) 796-7314 Copy to file Copy to operator Copy to Mining Specialist November 10, 2008 MEMORANDUM TO: File FROM: Brenda M. Harris, Secreta SUBJECT: Notice of Issuance of Mining Permit A copy of the attached "Notice of Issuance of Mining Permit" was sent to all people listed in the Affidavit of Notification and any additional people who sent in letters. If a public hearing was held, a copy of the "Notice of Issuance of Mining Permit" was sent to all people who signed the sign in sheet at the public hearing. My initials, written in red, will be beside the names of the people in the file who were sent this "Notice Cc: Mr. Dan Sams NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary November 10, 2008 Mr. J. Larry Faulkenberry PO Box 44 Kershaw, South Carolina 29067 Re: Royal Oak Mine Brunswick County/ Lumber River Basin Dear Mr. Faulkenberry: 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. 10-81 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 November 10, 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 16.35 acres and the amount of land you are approved to disturb is 12.59 acres. Please review the permit and contact Ashley Rodgers, 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 FRWIar Enclosures: Permit No. 10-81 Notice of Issuance CC-' Mr. Dan Sams, PE Ms, Shannon Deaton -WRC, wlpermit 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 - 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina,27604 An Equal Opportunity 1 Affirmative Action Employer—50%4 Recycled 110%Post Consumer Paper DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of 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. Larry Faulkenberry Royal Oak Mine Brunswick County - Permit No. 10-81 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: November 10 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 November 10, 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: 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. Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 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 area around the mine excavation shall be diverted internal to said excavation. C. No dewatering activities shall occur at this site. D. Mining activities shall occur as indicated on the mine map last revised August 5, 2008 and the supplemental information received by the Land Quality Section on May 20, 2008 and August 8, 2008. 5. All affected area boundaries (12.59 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. i Page 4 7. . The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 50 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 (1.4) of the N.C. Mining Act of 1971): 1. on-site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, Page 5 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 $10,800.00 Assignment of Savings Account, 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 small 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 Mr. William Bailey, Jr., District Conservationist with the Natural Resources Conservation Service on February 28, 2008. 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 101h day of November, 2008. By: 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. Larry Faulkenberry to conduct mining activities off SR 1345 in Brunswick County. The mining permit (no. 10-81) was issued on November 10, 2008. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by fling 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 150B-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. JamA D. Simons Director Division of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on 4Brnda Harris Mining Program Secretary A`i 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 September 22, 2008 Mr. J. Larry Faulkenberry PO Box 44 Kershaw, South Carolina 29067 Re: Royal Oak Mine (Draft Permit) Brunswick County Lumber River Basin Dear Mr. Faulkenberry: Your application for a mining permit for the above referenced mitre 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 has been calculated for this site using the information submitted in the application (see enclosed worksheet). The bond amount for this site is $10,800.00. The -bond is required before the permit can be issued. For your convenience, l 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. Larry Faulkenberry. In addition to one of these alternatives you may, upon request, substitute a cash deposit. Please review the enclosed draft permit and the reclamation bond worksheet, 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. 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 •919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina,27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Mr. Faulkenberry September 22, 2008 Page Two Please contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 if you have any questions. Since ly, Floyd R. Williams, PG, CPG, C PM State Mining Specialist Land Quality Section FRWfjw 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. Larry Faulkenberry Royal Oak Mine 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: 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 *, 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; 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, Page 4 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. B. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. L 9: Sufficient buffer(minimum 50 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 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, Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.G. 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 area around the mine excavation shall be diverted internal to said excavation. C. No dewatering activities shall occur at this site. D. Mining activities shall occur as indicated on the mine map last revised August 5, 2008 and the supplemental information received by the Land Quality Section on May 20, 2008 and August 8, 2008. 5. All affected area boundaries (12.59 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. Page 5. 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 shalt 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. r f j I ti 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. I • 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 iri 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 MdWilliam Bailey, Jr., District Conservationist with the Natural Resources Conservation Service on February' 28, 2008. Whenever vegetated possible, disturbed areas should be et ated with native warm season P g 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•projrlct 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. I Permit issued this *th day of" ,2008. By: .lames D. Simons, Director Division of hand Resources By Authority;of the Secretary Of the Department of Environment and Natural Resources i 1 I APPLICATION FOR A NIINING PERMIT rt E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used-to establish an appropriate bond�(basedup�na"ran�geof$500 to S5,000 per affected acre)for each permitted mine site based upon the acreage approved by te Department to be affected during the life of the mining permit. Please insert the approximate acreage,for each aspect o the mining*operation, that vnu intend to affect during the life ofthis minineRermit(in addition,please insert the appropriate reclamation cost/acre for each catezory from the Schedule f'Reclamation Costs provided with this application arm) OR you can defer to the Department to calculate your bond for you based upon your maps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. _ $ Stockpiles: 0 6* Ac. X $ AbM 0 /Ac. — $ a 4b Wastepiles: . L" ' Ac. X $ 0 o" /Ac. _ $ LQ=" Processing Area/Haul Roads:Ac. X $ oo /Ac. _ $ 1 A D!p 66 Mine Excavation: Ac. X $ 614)600 /Ac. _ $ 69W 00 Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: / Ac. (TOTAL PERMITTED AC.: /G.35' Ac.) Terrivorary& 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 _ / a'1 . 0 — Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: $ 9Q�Og� Inflation `actor: 0.02 X SUBTOTAL COST: $ 1.0 44 X Permit Life (1 to 10 years): l Q INFLATION COST: TOTAL COST = SUBTOTAL COST + INFLATION COST = $ I D, �j'19. an Total Reclamation Bond Cost: $ Ir 10 �®a (round down to the nearest$100.00) [a VICINITY MAP DEERWOOD TRAIL Mining Permit Survey for Top of 3:1 Top of 3:1 Side Slope Side Slope "Brunswick Timberland and I Existing I 1 Groundto I Example of sediment control for SR 1345 �� ,� Level r 3—T � Water Surface � SLOPS tt - stock pile and any distrubed area Recreational Properties, LLC " v5 (OpE Bottom of Pond 3.1 t� JS�C Put slopes back I I to blend into Lockwood Folly Township Brunswick County, N.C. :----VARIES----•-•-1 NOT TO SCALE DEPTH OF POND I existing terrain RECEINVII VARIES FROM Typical 0' 200 400' 600 20 TO 35 BELOW Stockpile EXISTING GROUND WATER DEPTH 15' TO 20't Graphic Scale = Feet I, Bobby M. Long certify that this plat was TYPICAL RECLAMATION POND SECTION / ✓55�Y -- rWi x�u ode Scale 1" = 200' June 12, 2007 �,AI � ��rION drawn under my supervision from an actual survey made �xkc under my supervision (deed description recorded in Book Not to Scale ° Rev. March 11, 2008 - 9678 . Page 96 etc.) (other) see references; that / Silt Fence Rev. August 5, 2008 the boundaries not surveyed are clearly indicated as drawn 4 from information found in Book , Page that the ❑ Bobby M. Long & Associates -_ ratio of precision as calculated is 1:7500+ ; that this plot was Brunswick Timberland & Patricia M. & Charles Linder P.O. Box 1117 =--- prepared in accordance with G.S_ 47-30 as amended. Witness m on inal signature, license number and seal this 7th ��++°'°i+f•++q� Recreational Properties, LLC 27111106 5hollotte, N.C. 28459-1117 - day of May, A.D., 2008. �a+`'N CARO ,`a. 2678196 '1> (910) 754-6300 -- :•��p •FE��rpti ti`� Map Cab. 44, Pg. 3 (910) 754-5486 Fax - -_ 404 Wetlands �-� tr t _+ •' WE SURVEY THE EARTH AND EVERYTHING THEREON _ Surveyor '7 t •� �• - License Number L-1265 �' 8U ��� •' ' •� SS - / NAME OF APPLICANT • 1s/lbl-)Cl �><�e� n e \ S J. LARRY FAULKENBERRY e 0 I further certify that this survey is of an existing parcel to. toy 5��� s�j 06 or parcels of land and does not create a new street or �5 ed 0' �'�� ,rsr 9s Ps ¢ `p9s NAME OF MINE - change an existing street. \\ p o \(i,� E A CC r� 6• Mine Excavation 11.92 Acres \t��6 `� �? � ROYAL OAK 56 ea 9 ro t u`o s ce \ Not 2AA6, of sr� Clearing and Grading Limits Tract A evff permit `�- < 15.68 Acres \ e, X-Z�80undary `sg\ +0.67 Acres Access Road - \ ,S 16.35 Acres Total <5 ?y \ -3,75 Acres Buffer °s73 I, Review Officer of Brunswick Countv, 'pp\ '61 do's 0 �Q 12.59 Affected Acres S o. \ S 86 20'27 w certify that the map or plat to which this certification is affixed oo \\ tV�6\ Rc� '�P -tr3t3.36' Tie Lin • meets all statutory requirements for recording. p s ` 'Q ^�o o G,, /.co' �°� 'Sh• `tom b1, Review Officer �o�'�l` STEEL PC= 2t�t� > \\ �^ ry 81i9 COg / �� 2Oo GV REOUIREDREFEil6l/Gw NOTES `Sf b�' \\ v�sy� �° Q /Qoi aio G 00, V •rFirTFRFasR�c ,2� Cep \ ofo�e T 9v' . O t� '•`' y iOP w ff 1. Area Determined by DMD. O \ o J a .0 �> \ a ?e °O �7o \ `v �� Yw_V,aCell 2. This property is subject to an and all easements, covenants, �� c+ \ �0.6 ��� P'2;��a Tot ��C/,oa p Qe '"`�""�n'"rF'"" p ANCHOR FABRIC P P Y Y �q \ y 96 s ¢ of y� �;��° \°s Q LONG WIFE srAPlFs@,r >< restrictions, right-of-ways of record, governmental ordinances �\ C �m Q (b p.. MIN "GA and/or requirements which may exist and limit the use QJ �, S0 \ 9 Cc / / �� p rot AOr"x'A'If of this property. A+iN ems\ \ yav oc �/ �' f oR REPAIR or str FFMI D fAILIA11%LIEF►}7wA9#o J , c QQ V $YOM IN L,FII nF O(MFACTEo 3_ This survey does not certify legal title to the land itself, or to `WJ�� , �pQ the boundaries shown. Users of this plat should obtain on accurate �p \ 8• 3 6-MIN COMPACTED SIDEVtEW legal opinion as to ownership to the boundaries shown on \ 8 FILL OVER SKIRT this plat. G \ �6' 6" MIN. �\ 96� a 4. FEMA Flood Map Identifies parcel as being in FIRM ZONE X & A(4ti'), 2" - 3' ��� \ � y Brunswick Timberland & FRONT VIEW Community Panel 370295 1099 J. 6/2/06. COARSE AGGREGATE �a� \ 6 r° Recreational Properties, LLC PROPOSED CONCRETE � N 0.67 Acres 2678196 I� 5. Tax Map Parcel No. - 13400001.01 1 INSTALL NEW SIT FENCES AS SHOWN ON DRANNC AND AT LOCATIONS NECESSARY TO COMROL SILTATION OF AUXOR AREAS. CONSTRUCTION ENTRANCE \ (9 Map Cab. 44, Pg. 3 4 WHERE WOW POSTS ARE USED POSTS SHALL BE A NrNNfwuM OF 3' N DIAMETER NO 6' IN LENGTH. POSTS SHALL BE CREDSCTE OR 6. ZoningRural Residential PROPOSED CONCRETE �" °+0L � DoUr ►r "' \ a 3. NRETNE STEEL POS1S ARE USED, POSTS SHALL BE 5' N LENM;;TH AND B OF THE 5QT FASIEM AAIGtE TYPE. Not to Sc4316 O°. �1�� 4. wVrEN NINE rENCM, WHERE WWRM(SEE NOW is), SHALL GONFOIMt TO ASM Al IS FOR GLASS 3 GALVAIRNG. FABRIC SHALL BE A IB UM OF 32'NEE AND HAVE A NNMLIN OF 6 LNE wims wTTH 12' STAY SPACING. THE TOP AND WTMU WIRES %Kk RE 7• Field work surveyed by Samuel T. Inman, PLS #L-2778. N 7 10 GAUGE AND iNTDhFDLATE WPM SHALL BE 12-1/2 GAUGE MIRE FABRC SHALL BE FASTENED TO WOOD POSTS WITH NOT LESS 1�'1)" \ C 11IM H STAPLES 1 1/2' LONG. S 5. FiLTER FABRIC 9W.L BE OF NYLON, POLYESTER, PROPYLENE OR EMIENL YAW WM A WO" STRENGTH OF 30 LB./LN. N.AND 8. Setbacks 08•S9' A mise 1 OF M FILTEwNe EFFICCmCY. FABRIC SHV1 CONTAIN uLTRAYMS NH1enORs AND STABIJnRS. 6. (F FABRC EN ALTER I5 USED WITH A STRENGTH OF 50 LA./UN. N. OR WNEATIR,AM THE POST SPACING (5) DOES' NOT EXCEED E', INDMENN ~' Front: 25' • wRE FENCING is NOT REouwo. upt wISE, wmO MARE F9"C iS REOMED, AND POST SPACNC SHALL NOT EXCEED S'. Rear: 25' Side: 10' \ N85'31'09" -� 9. 404 Wetlands flogged by S&ME \ 46.45' NOT ROAD EASEMENT TEMPORARY SILT FENCE 1330 Highway 501 Business \ 5' Conway, SC 29526 \ �58' O (843)347-7800 \ LINE BEARING DISTANCE Brunswick Timber, LLC �25. L1 S o3'52'57" W 81.57' Ot AAll t ,t n 167411326 I hereby certify that the subdivision plat shown hereon has been found to comply 52.99 �34 0' L2 s 45'S4'21" W 100.47' �' IVb''3 a REFERENCES L4 S 04'00'45" W 68.55' Map Book 3, Pg. 146 with the Unified Development Ordinance of Brunswick County, with any varionees(if �U applicable) noted in the minutes of the Brunswick County Planning Board, that all L6 N 50'33'05" W 210,65' o easements, shown hereon, are accepted by Brunswick County, subject to approval by Deed Book 2678 Page 96 ROAD EASEMENT L7 N 05'38'17" E 240.44' l H the N.C. Department of Transportation which assumes no responsibility to open or Map Cabinet 44 Page 3 DETAIL L8 S 05*38'17" W 168.26' y L9 S 50.35'21" E 175.09' � '~3 eh maintain the some, and that this mop has been approved for recording in the office LEGEND L10 S 5T19'40" E 72.14' the Brunswick County Register of Deeds. + Existing iron or iron pipe OML Old marked line �. New iron or iron pipe set Center line Planning Director or Designee Date -� INC DOT R/W Monument 'L Property line Concrete monument set RR/Spk. Railroad Spike CURVE RADIUS CHORD BEARING CHORD LENGTH C1 976.69' S 24'53'39" W 701.83 -� Existing Corner type noted R/W Right of Way C2 1178.69' S 31'29'37" W 586.75' 0 Approval expires if not recorded on or before (date) and musk be Geodetic mon. -� Existing concrete mon. submitted for reapproval. APPLICATION FOR A MINING PENT . c 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 ofthe min ingpermi Please insert the approximate acreage,for each as ect o the miningo eration that you intend to a ect durine the life o this mining permit in addition please insert the appropriate reclamation cost/acre. or each category from the_Schedttle af_Rectamation Casts provided with this application form) OR you can defer to the Department to calculate your bond for you based upon your maps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. = S Stockpiles: Ac. X $ 25MO /Ac. — $ 0 4 Wastepiles: � —Ac. X $ .jROpA°° /Ac. _ $ 100da Processing Area/Haul Roads: 7 Ac. X $ °O /Ac. _ $ /A NO oa as Mine Excavation: 1 . 4 a Ac. X $ 6Q600 /Ac. Other: Ac. X S /Ac. _ $ TOTAL AFFECTED AC.: / Ac. (TOTAL PERMITTED AC.: � 3�`Ac.) Temporary& Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into pproposed/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 / o'� . Ac, i b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: S q bw 6 oo Inflation Factor: 0.02 X SUBTOTAL COST: $ 9 f*p(p X Permit Life (1 to 10 years): /0 INFLATION COST: $ TOTAL COST = SUBTOTAL COST + INFLATION COST = S_ Total Reclamation Bone! Cost: $ _ je_ �jQ�aD (round down to the nearest $100.00) - 14- PIRIk- MINING CHECKLIST FOR ROUTING Applicant's Name: Project Name: 1�� ApplicJPermit No.: County: .'?/i1YVv1'1"1L Date Received: Reviewer. �,il ,_ River Basin Name: -� ✓ �(New CI Renewal ❑Modification (inside permit boundaries) C Modification (outside pVAaitional boundarie5) ❑Transfer ❑Release ❑Partial Release Information ❑ Fee Needed: $ ❑Fee Received: $ 1 ., ;G-�✓ Regional Office (2 complete capie5; attach the"LQ5 Regional Offfce Mining Aplplication Review Checklist"to one copy and attach both the DWQ and DAQ "Mining Application review Form"to the other copy: send both copies to the Regional Engineer) Date: Routed Reed ❑Division of Water Resources Date. Routed Reed ❑NC Wildlife Resources Commission Date: Routed Reed ❑ U5 Fish & WIdfife 5ervice Date: Routed Reed (Only new applications and modification raquests that add land to the permit) ❑Division of Parks &Recreation Date: Routed Reed NC Geological Survey Section Date: Routed Reed (Only new applications and modification rec[uests that add land to the permit) ❑Division of Archives & History Date: Routed Reed (Only new applications) ❑Other. Date: Routed Reed *5u5penoc Date for Comments: l CA (no later than 25 days from receipt) ❑Please note the following: f A4 r,l 1 J 0 • B.M. Long & Associates P.O. Box 1117 * 6609 Ocean Hwy West* Shallotte,NC 28459 Phone (910) 754-6300 * Fax (910) 754-5486 -LAND SURVEYORS * PLANNERS- WE SURVEY THE LAND AND ANYTHING THEREON . August 6, 2008 Judy Wehner NCDENR Land Quality Section 1612 Mail Service Center Raleigh,NC 27699 RE: information Requested Royal Oak Mine/Brunswick County Lumber River Basin Dear Ms. Wehner: Enclosed is information requested: 1. (a) See mine map for erosion and sediment control measures. (b) Mine adjacent to SR 1345 is screened by 200 feet of pine plantation. Traffic volumes and other information will be a part of the application for a driveway permit by NCDOT,which is required by NCDOT and 1 Brunswick County. 2. (a) This proposed mine is located at the top of a sand ridge. All storm water will be directed into mine with no outlet. There is no impervious area within this mine. (See Page 6 of application.) (b) Wetland was flagged by S&ME Environmental Consultants and surveyed by this office. It is my understanding the S&ME Consultants will obtain Letter of Certification from the Corp of Engineers. (c) It is my understanding, if there is no dewatering that NPDES permit is- not required. All storm water will go into the mine pit. If I can provide an additional information of any kind, please advise. Sincerely, Bobby M. ong r Log In DPR/RRS Mining Permit Application Review f RRS Contact: �. WG 4 I e/L Name of project: &10 ` - l County: Proposed activity is is not /within 5 miles of a public park or recreation area. If yes, identify the park: Manager/agency name: (contact name): (phone; fax): (e-mail): Review conducted by: /Gv Date: x z9D.0; PLEASE RETURN APPLICATION MATERIALS WITH YOUR REVIEW/COMMENTS. YOU CAN ALSO E-MAIL YOUR COMMENTS TO: Ad rienne.McCoiz(a�ncmnil.net THANKS! Return farm and materials to: Adrienne McCaig parks&Recreation DENR/Division of Parks & Recreation 1615 MSC JUL Q 2008 Raleigh,NC 27699-1615 P►dmin-D+r Office (Please Print on COLOR Paper) �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 May 21, 2008 William G.Ross Jr., Secretary MEMORANDUM TO: Mr. Lewis Ledford, Director Division.of Parks and Recreation FROM: Brenda M. Harri Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for J Larry Faulkenberry Royal Oak ,s beson-County U'6 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 .tune 13, 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 • 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina,27604 North Carolina Department of Cultural Resources State Historic Preservation Office Peter B.5andbeck,Administrator Michael F.Easley,Governor Office of Archives and History Lisbeth C.Evans,Secretary Division of Historical Resources Jeffrey).Crow,Deputy Secretary David Brook,Director June 24, 2008 R]C'C]EfWD MEMORANDUM JUN 2 G 193$ TO: Brenda Harris, Mining Program Secretary t,ghp QUALITY SECTION Land Quality Section Division of Land Resources, DENR FROM: Peter Sandbeck f t,,�V 1,,QWS2ACA SUBJECT: Application for Mining Permit,J Larry Faulkenberry, Royal Oak,Robeson County, ER 08-1321 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. We are, however,unable to comment on the potential effect of this project on cultural (archaeological, architectural, and historic) resources until we receive further information. Please forward a detailed and legible United States Geological Survey Quadrangle(s) clearly indicating the exact location of any ground disturbing activities associated with this project. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's.Regulations for compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and considerations. If you have any questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919.807.6579. In all future communication concerning this project, please cite the above referenced tracking number. cc: J. Larry Faulkenberry L=tion:109 liast)oncs Street,Raleigh NC;27601 Mailing Address:4617 Mail Service Center,Italcigh NC 27699-4617 Telephone/Fax:(919)807-6570/807-6599 WA NCDENR 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 June 23, 2008 Certified Mail Return Receipt Requested 7006 2150 0005 7360 6112 Mr. J. Larry Faulkenberry Owner Brunswick Timberlands-and Recreational Properties P.O. Box 44 Kershaw, North Carolina 29067 RE: Application Request Royal Oak Mine 1 Brunswick County Lumber River Basin Dear Mr. Faulkenberry: 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. A review was performed by the Wilmington Regional Office on June 23,2008 and the following comments were made: a. Erosion and sediment control measures are needed along the Northwest mining limits on the above site. b. Screening is recommended, due to the sites visibility and the traffic volumes along SR 1345. 2. Your application for a new permit needs the following: a. More information on how the stormwater runoff will be managed. b. Need a letter of certification from Corp. of Engineers on wetland boundaries. c. NPDES permit required for stormwater management 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 RP.Sntirr.PS 919-7.12-38.131 FAX: 919-715-8801 1 IntPrnPt: www.dlr.Pnr."tatP.nc..tls An Equal Opportunity 1 Affirmative Action Employer-5011a Recycled 1 10!16 Post Consumer Paper 74 Certified Mail Mr. Faulkenberry 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 sand 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, P.E x ® North Carolina Wildlife,Resources Commission 0 MEMORANDUM TO: Brenda M.Harris Land Quality Section,NCDLR And J.Larry Faulkenberry Mine Manager FROM: Molly Ellwood A�" Southeastern Permit Coordinator Habitat Conservation Program DATE: June 20,2008 RE: Royal Oak Mine,Brunswick 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 1971 (as amended, 1982: G.S. 74-76 et seq., 15 NCAC 5). Royal Oak mine is requesting a new mining permit to allow for a 16.35 acre sand mine to be created 1.5 miles north of the town of Shailotte in Brunswick County. The expected maximum depth of the mine will be 35 feet below natural ground level and the site is in close proximity to the Green Swamp. The vegetation plan specifically states the use of Sericea lespedeza, which is a noxious and invasive weed,as well as other turf grass species. We recommend the use of locally native species such as switchgrass(Panicum virgatum)for post-disturbance stabilization. Also,we recommend shrub species such as wax myrtle(14lyrica cerifera),silverling(Baccharis hahmifolia),and/or marsh elder(Iva frutescens)for stabilization around the lake edge. The use of these species will provide food and cover for wildlife not afforded by lawn grasses typically used for stabilization. Information about establishment and management of fish ponds can be found at the following webpage: http://www.ncwildlife.orglpg03_Fishin images/PONDMANS PDF. To provide adequate shallow water for aquatic vegetation growth,the pit slope of 3 to 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 Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center * Raleigh,NC 27699-1721 Telephone: (9t9)707-0220 • Fax: (919)707-0028 -'L:�.F.. �-m�:x,�,�ns�re+�,�a�we+s�r�z� nA -� �� e .. .. � Royal Oak Mine,Brunswick Sty • 2 00 June 20,2008 http://www.ncwildlite.=or solicited directly from Commission Biologist Keith Ashley at(910)866- 4250. 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. Cc: Keith Ashley,NCWRC I � NCDENR North Carolina Department of Environment and Natural Resources Wilmington Regional Office (910)796-7215 Michael F.Easley,Governor William G.Ross Jr., Secretary FAX COVER S ffFET Date: ,Q'/0.8 # pages To:. l�.c � From: �� �. •D �a� � ! f� �T Co: Division (� Fax: _T Q 7X 80! _ FAX #: 910-350-2004 Remarks: 127 Cardinal Drive Ext.,Wiftn,tton,North Carolina 28405.3845 • Phone; 910-796.72151 FEU(: 910.350-2004 TO ��Jtid aNMON BTOZOSEO16 TT:T0 800Z/EZ/90 LAND? *ALITY SECTION REGIONAAFFICE MINING APPLICATION REVIEW CHECKLIST APPLICATION/PERMIT NO.; — ACTION: w Modification Renewal Transfer Release APPLICANT NAME: Go►!r MINE NAME: .4COUNTY: Pr Administrative Issues: A, Is the site currently under NOV? Yes No Explain: B. Is the site under CAMA jurisdiction? Yes (5 Explain: Feld Issues: A. Are potential wetlands and watercourses properly indicated on the Mine Map? Yes No Explain- B, Are the proposed buffer.:ones adequate?Q@ No Explain: fg Mfg, &Lqj a+e_ wA C. Co ail occupied dwell wi hin_300 feet of the mine excavation appear to be indicated? es No Explain: _ D. Do all water supply wells within 500 feet of the mine excavation appear to be indicated? Ye No Explain: E. Is visual screded? Yes No Explain. V;s eening ne F. Are the proposed erosion and sedimentation control measures properly located to prevent offsite s ime tation? Yes ► Explain: a- a Ce res G. I9 t196-Xposed revegetadon/reclamation plan acceptable? Yes No Explain: * Date inspected: L[ ' rosion and Sedifn6ntation Control Plan Review: It Is the responsibility of the Regional Office st ff to verify the adequacy of the E&S measures, Please provide any concerns or comments: 0\ Other Comments: Who was the aoplicatio_n routed to and when?: Division of Air Quality: ea C,<&,rrg I I _ Date; 6 /3/Q9 Division of Water Quality (Water Quality Section only): r W "11S Date: G Z SC14& Other: Date: Inspector/Reviewer's Name: � �'ci�c�� ��$ Date: Q Regional Engineer's Name. �(', Date: /23 lbb Rev Dec zoos ZO 39Vd aN3GON BIOZO96016 I1:10 SOK/EZ/90 Aot Ammm� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor Director and State Geologist William G, Ross Jr.,Secretary Mining Review Checklist Attachment G.Erosion and Sedimentation Control Plan Review: No erosion and sedimentation control measures are indicacted on the submitted mining plan except silt fence around the stock piles. Additional sediment and erosion control measures on the northwest minining limits is recommended. Sediment and erosion control measures should be shown and labeled along with details of these measures. Wilmington Regional Office 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3645 • Phone, 910-796-7215 i FAX: 910-350-2004 EW 3!)Vd 8N3QON 810605E016 TT:10 80e6/EZ79e MINING PERMIT APPLICATION REVSfor the DIVISIQN OF AIR QUAL14,� JON 2 2008 L'A,Q WIRC Project/Number., d t County: rw'ka-ld, "Due Date for Comments Back to Land Quality Sectiort: Will the operation, as proposed, violate star cares cr air quality? � Comments:_ . � 0 +�C Qti+ -•� l G YES NO Air permit required ,fir:;ermit exi..iting (Permit ...� Other Comments: Reviewed by: ate: 0 print Name_— 0412COS cantrat Ofitte Reviewer. 00 39vd WAIDN BIOZOGEO16 Z1:19 BM/EZ/90 MINING PERMIT APPLICATION REV18W FORM for the DIVISION OF WATER QUALITY Pro(ect/Number., County: "Due Date for Comments Back to Land Quality Section: Will the operaticn, as proposed, violate standards of water quality? ,i+o-r m+n�.crtaa omrnents:.Ll�sgaEb Awbkr s.4a11n 1�u r�-in�rlLerSrrtirnr�t�, tlL�d;r�{cu( u►+� �fca�. u. tRada•7�0 1r Watershed/',3tream Name & C=assif1cation: � YLw.A T8 YES NO NPOES permit required _ _• _ � $i$r�nuss�l-e.rr t'YiGti.rt NPOES permit existing (Permit Nondischarge permit required Nondischarge permit existing (Permit," _) Wetlands disturbed 401 Wetland Cert. requires! 401 Wetland Cert. existing (Permit Reviewed1� �+' � ,� _. _ Date: Print Name:_ JSIZC05 Cancral Office aavlower. 90 39Vd ZNKON 8Z0ZOSE015 IT:10 800Z/EZ/90 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Michael F.Easley,Govemor William G.Ross Jr., Secretary June 12,2008 John Moms, Director MEMORANDUM TO: Brenda M. Harris R�G��V�D Land Quality Section RECEIVED FROM: John Barr A.0 JUN 12 2goo Ground Water Management Section Division of Water Resources LAND OIJAL" MINING PROGRAM SUBJECT: Comments on the Mining Permit Application Request for: J Larry l+aulkenberry Royal Oak Mine Brunswick County Please find attached a copy of the mining permit application request for the above referenced project. The Royal Oak Mine located in Brunswick County does not appear to have an unduly adverse effect on ground water supplies since there is no dewatering proposed on site. if it becomes necessary to begin pumping water from the mine to stabilize mining activities, the Division of Water Resources would like to be contacted so that it may further investigate any potential effects on potable ground water supplies. Facilities not in the fifteen county Central Coastal Plain Capacity Use Area are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.22H. This statue requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register withdrawals. This statue also requires transfers of 100,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water transfers. Water withdrawal registrants must complete the annual water use reporting form by April-I of each year. 1f you have further questions please contact the Division of Water Resources at (919) 733-4064 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 One Phone: 919-733-40641 FAX: 919-733-35581 Intemet: www.ncwater.org NorthCarohna An Equal Opportunity)Affirmative Action Employer-50%Recycled 410%Post Consumer Paper ;Vaturally c � •r NCDENR North Carolina Department of Environment and Natural Resources Michael E. Easley,Governor Division of Marine Fisheries Dr. Ito r William G. Ross Jr., Secretary l L MEMORANDUM � I.fTYS1=C71QN TO: Brenda M. Harris Mining Program Acting Secretary Land Quality Section FROM: Anne Deaton, Chief Habitat Protection Section DATE: June 2, 2008 SUBJECT: Mining Permit Applicaton for J. Larry Faulkenberry Royal Oak Robeson County Attached is the Divisions' reply for the above referenced project. If you have any questions, please do no: hesitate to contact me. ADlih 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 NonrthCarolina Phone: 252 726-71)21 1 FAX: 252 727-51271 Internet: www.ncdmf.net Natura!l# An Equal Opportunity!Affirmative Action Employer—50%Recycled t 10%post Consumer Paper A74 NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division Of Marine Fisheries Dr. Louis B. Daniel III, Director William G. Ross Jr., Secretary June 2, 2008 MEMORANDUM TO: Anne Deaton Biologist 1 DMF FROM: Anne Deaton, Chief Habitat Protection Section Division of Marine Fisheries SUBJECT: Mining Permit APPLICANT: J. Larry Faulkenberry Royal Oak PROD, LOCATION: Robeson County DUE DATE: June 13, 2008 Please indicate below your position or viewpoint on the proposed project and return this form to Habitat Protection Section, Morehead City. If you have any questions regarding the proposed project, please contact Tracy E. Davis, State Mining Specialist, Division of Land Resources 1 Land Quality Section at (919)733-4574. REPLY: / 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: Q-MNt �/ -� DATE: C, -21 0 K — 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 One Phone: 252 726-7921 1 FAX 252 727-51271 Internet: www.ncdmf.net No h 1C'arol.ina An E uai Opportunity/Affirmative Action Employer-50%R Ied!1ft Consumer r at rally � RR Y � post me Pape EC HE #----�—NCDENR MAY 2 g M North Carolina Department of Environment and Natural Res _HABITAT PROTECTION Division of land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Govemor Director and State Geologist May 21, 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 Larry Faulkenberry Royal Oak Robeson 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 June 13, 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 I FAX: 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina,27604 APPLICATION FOR A MININGORMIT . NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES /' ,, LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Royal Oak County Brunswick River Basin later River Latitude (decimal degrees to four places) 34-00-35 Longitude (decimal degrees to four places) 78-20-47 2. Name of Applicant* J. wry Faulkenberry 3. Permanent address for receipt of official mail** P.O. Box 44 Kershaw, S.C. 29067 Telephone ( 803 ) 424-7129 _ Alternate No. (910 7_54-6300 4. Mine Office Address GIs has not assigned a street: address at this time - Approximately 750 Royal pakR Telephone 803 424-7129 5. Mine Manager - J• wry Faulkenberry _ 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. ***Signatur Date y//OJO_ef Print Name J, Larry Faul.kenber 4 Title Owner * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (securijy) that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent addressor telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shal l grant or deny an application for a permit Within 60 days ofreceipt of a . complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and-all required maps provided before this application can be considered complete. Attach additional sheets as needed. 1 APPLICATION FOR A MININJIERMIT NOTE: All of the following questions must be thoroughly answered regarding your miming 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: x1 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): 16.35 Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: ❑ If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: 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 R. 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 mitring operation? Yes ❑ No ❑ (If no,a"minor modification" fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit(the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ❑ If this is an application for TRANSFER of a mining permit,indicate the mining permit number and the total (overall) acreage coverer �by the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand 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) —35 Below Natural Ground Level Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) b. Expected average depth of mine (feet) —25 -2- APPLICATION FOR A MININGORMIT 5. Has any area(s) at this 'site been mined in the past? Yes ❑ , No Q If yes, when and by whom was this activity conducted? 6. Number of years for which the permit is requested (10 years maximum): 10 B. MAPS 1. Clearly mark and label the location of your mining operation on six 6 copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6)copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from 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.geo I amen.state,ne.us/ County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation—Geographic Information Systems (GIS) Mailing_Address: Physical Address: NCDOT GIS Unit NCDOT GIS Unit 1587 Mail Service Center 3401 Carl Sandburg Court Raleigh,North Carolina 27699-1587 Raleigh,North Carolina 27610 (919) 212-6000 www.nedo_t.orp-/it/p,isContact/defatilt.htnil 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights-of-way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants(processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds.'.: k. Location and acreage of all planned and existing access roads and on-site haul roads. 1. Location of planned and existing on-site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is-owned by the lessor of the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. 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, Govemor Director and State Geologist May 21, 2008 William G. Ross Jr., Secretary MEMORANDUM TO: Ms. Maria Dunn Habitat Conservation Program Coordinator Wildlife Resources Commission ;9;:;�)A FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for J Larry Faulkenberry Royal Oak Robeson 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 June 13, 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 - 919-733-45741 FAX; 919-733-2876 512 North Salisbury Street, Raleigh,North Carolina,27604 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist May 21, 2008 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris 5c?;� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for J Larry Faulkenberry Royal Oak Robeson County ❑ Mine Dewatering Proposed ® No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on June 13, 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. lbmh Attachments cc: Mr. Dare 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 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 May 21, 2008 William G. Ross Jr.,Secretary MEMORANDUM TO: Mr. Lewis Ledford, Director Division of Parks and Recreation FROM: Brenda M. Hard Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for J Larry Faulkenberry Royal Oak Robeson 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 June 13, 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 sedime6tation. 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 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James n. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist May 21, 2008 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Peter M. Benjamin Application Review Coordinator U.S. Fish and Wildlife Service FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for J Larry Faulkenberry Royal Oak Robeson 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 June 13, 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. lbmh cc: Mr..Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh,North Carolina,27604 NCDENR North Carolina Departinent of Environment and Natural Resources Division of Land Resources Land Quality Section James B. Simons, P.G., P.E. May 21, 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. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for J Larry Faulkenberry Royal Oak Robeson 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. /bmh Attachments cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina,27604 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Govemor Director and State Geologist May 21, 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 Larry Faulkenberry Royal Oak Robeson 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 June 13, 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 - 919-73345741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh,North Carolina,27604 VeiS 'Alyce Perna Appliczdion Review Checksheet abci�7a�.0 L:3 C.3majot•7.1iI■34Cttan AK,y=?7ae■ •.,I of.time Pwmit Acoireagam MWte varra � 0./ Va ` ':Zmeaun urea r Caa Cua L:S / , a ?!rmd n— AeRe`rst . -- '" ransrer Mcca C.rmutota-hts Sedan C,;1ttIP.pCIrY +aacnemistry ."sarCaW wUn!/ � '•uRaC7ti _ i 3cua�Cerca 7.-:;uaa i 1 !�tSCee^eq) � _.rq;Cac:aS! 3icea3taciUty sas ia�r"tcazarg '.tag unit E �ycr�aclayy Ctt:ar 3eciogm!.lag Unit 1iRerat Resources _C1c:oci! I ccC?'ain �rCGsiL9 ;,,:amens j Comments !Cantdl `iota: �eisrriG'artrd valr:e is to peak,�arL~rntal agleraticn wigt a;tl:Gnanca cf exraeaenca in 40 years. ,Refenrce 'Mug is'rm caerccx.sc real srte wncittens may vary. Sours-Nadcna!Seismic•.razara Maas Cocumenuacn, ':;ns:M. J.S.z; icgtc w 3ur+ay Cpart•rrle Pecort 58-a32{*t �:glCmagsAt.c.usgs.SavrseianasJpgata.rgnt). .:CCO ,3Aviewarf CamolOaret �� Reviewer., C:mglDatR2 �� vc rs:arn.rZavl.w c s.csc+n..t Aatab». Rev.: ttrzsroa EXPLANATION AMOUNT 88-30/531 R.M.LONG,SURVEYOR P.O.BOX1117 12812 SHALLOTTE,N.C. 28459 -rR �p .caiG�� V V C-LARI CHkCK TO THE ORDER OF DESCRIPTION CHECK AMOUNT NUMBER $ FlRn Cruzm FIRST CITIZENS BANK&TRUST CO HAM SHALLOTTE, NC 29459 OTIN OF MINING PERMIT APPLICATION i Subject: NOTICE OF MINING PERMIT APPLICATION From: Brenda Harris <Brenda.Harris@ncmail.net> Date: Wed, 21 May 2008 10:16:30 -0400 To: 'Representative Dewey L. Hill" <Deweyh@ncieg.net7, Representative David Redwine <Davidr@ncleg.net>, "Representative Thomas E. Wright" <Tomw@ncleg.net>, "Senator R. C. Soles, Jr." <Rcsoles@ncleg.net>, Floyd Williams <Floyd.Wit liams@ncmail.net>, Jim Simons <Jim.Simons@ncmai l.net>, Mell Nevils <mell.nevils@ncmai1.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: May 21, 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,Simons(7ncmail.net . Pursuant to provision G.S. 74-50 (b1) of The Mining Act of 1971, Notice is hereby given that J. Larry Faulkenberry has applied on May 20,2008 to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): (a) a new surface mining permit: X (b) a modification of an existing surface mining permit to add land to the permitted area: The applicant proposes to mine Sand on 16.35 acres of land located 1.5 miles North of Shallotte off/near road SR 1345 in Brunswick County. In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified l of2 5/21/2008 10:16 AM "NOTA or MINING PERMIT APPLICATION (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) 754-6300. For information on the mining permit application review process, please contact the Mining Program staff at (919) 733-4574. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. Name & Address of Applicant, including Contact Person & Company Name, if applicable: J Larry Faulkenberty PO Box 44 Kershaw SC 29067 2 of 2 5/21/2008 I0:I6 AM I MINING CHECKLI5T FOR ROUTING AppEicarrt'S Name: ,rr _ �h� er'�e�l Project Name: �y`�� '` u ApplicJIFermit No.: �, „county: f��� � Date Received: ` Reviewer. 0�0 5±4- ,I - River Basin Name: XNCW G Renewal 0 Modification (inside permit boundaries) 0 Modification (outside permit boundaries) ❑Transfer ❑Release ❑Partial Releaee -Additional Information 0 Fee Needed: -,O eW Received: $ 00 CC Regional OffiCe (2 complete copies; mach the "LCQ5 Regional Office Mining Appiicatlon Review Checklist"to one copy and attach hath the DWQ and DAQ "Mining Application Review Form"to the other copy; send both copies to the Regional Engineer) Date: RoutM f k'i�ec'd "�Plvlc,lon of Water Resources Date: Routed Reed rC NC WVildiife Re5ource5 Commission Date: Routed Reed kj - CD U5 Fish &Wildlife Service Date: Routed Reed (Only new applications and modification requests that add iand to the permit) Plea, a r,29at& bnr2tt3�g.r�,�rapolicati ri andAnv locAion__ma_ta.2Q t Division of Parks & Recreation Date: Routed 5 a l bR Reed NC Geological Survey Section Date: Routed Reed ! (Only new applications and modification rc-quest5 that add land to the permit) Division of Archives & Hi5tory Date: Routed Rec'd (Only new applications) Other: n� Date: Routed ,d 5uopen5e Date for Commento: 1 -�3 (no later khan 25 days from receipt) ,0 Please note the following: 1 r M APPLICATION FOR A MININ ERMIT NORTH CAROLINA DEPARTMENT OF ENVIRO AND NATURAL RESOURCES 'C�'rq LAND QUALITY SECTION MAY p n , , APPLICATION FOR A MINING PERMI ��� ��-Y' (PLEASE PRINT OR TYPE) 1. Name of Mine Royal Oak County Brunswick River Basin Lumber River Latitude (decimal degrees to four places) 34-00-35 Longitude (decimal degrees to four places) 78-20-47 2. Name of Applicant* J• Larry Faulkenberry ^ 3. Permanent address for receipt of official mail*" P.O. Box 44 _ Kershaw, S.C. 29067 Telephone ( 803 ) 424-7129 _ _ _ Alternate No. 010 ) -6 0 4. Mine Office Address GIS has not assigned a street address at this time - Approximately 750 Royal Oak Rd. I erephone ( 803 ) 424-7„129 5. Mine Manager J. LarrX Faulkenberry 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. ***Signat reo, Date 9,410 of Print Name J• Larry Faulkenber 4 Title Owner * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond securi 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. ti APPLICATION FOR A MININIPPERMIT i NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding,detailed thine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: x❑ 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): 16, 35 Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: ❑ If this is an application for RENEWAL of a mining permit,indicate the mining permit number and the total (overall) acreage 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 ❑ No El. 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$100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ❑ If this is an application for TRANSFER of a mining permit,indicate the mining permit number and the total (overall) acreage covered y Me existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand 3. Mining method: Hydraulic Dredge ® Front-end Loader& Truck ® Shovel & Truck Dragline & Truck Self-loading Scraper Other(explain): 4. a. Expected maximum depth of mine (feet) —35 Below Natural Ground Level 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 5 .2- APPLICATION FOR A MINING PERMIT • 5. Has any area(s) at this site been mined in the past? Yes ❑ No x❑ If yes, when and by whom was this activity conducted? 6. Number of years for which the permit is requested (10 years maximum): 10 B. MAPS 1. Clearly mark and label the location of your mining operation on six 6 copies of a 7.5-minute quadrangle and a county highway map. These maps,in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center 0R 512 North Salisbury Street, 5'�' Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 www.y,eology.enr,state.nc.us/ County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation—Geographic Information Systems (GIS) Mailing Address: Physical Address: NCDOT GIS Unit NCDOT GIS Unit 1587 Mail Service Center 3401 Carl Sandburg Court Raleigh,North Carolina 27699-1587 Raleigh, North Carolina 27610 (919) 212-6000 www.ncdot.org/it/gisContact/default.litml 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. e. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. gg Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage ofalI processing plants(processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on-site haul roads. 1. Location of planned and existing on-site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. -3 - . APPLICATION FOR A MINIM 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 b. Symbols used and corresponding names 7. Date prepared and revised S. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres I inch= 50 feet 50-199 Acres I inch= 100 feet 200+Acres 1 inch=200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- APPLICATION FOR A MININRERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds Stockpiles .5 Acres Wastepiles .5 Acres Processing Area/HauI Roads Mine Excavation 11.92 Other(Explain) Total Disturbed Acreage 12. 59 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 - APPLICATION FOR A MININGMERMIT 41 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. 1. Graveled entrance will be installed prior M mining. 2. Surface vegetation will be removed in area to be mined. 3. Back hoe will place sand in stock pile area. 4. Sand will be loaded by front-end loader onto a truck for transportation off site. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans far sediment and erosion control for mine excavation(s), waste piles, accesslmine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. The mining operation will create,:a hole with no discharge. Sufficient undisturbed buffer as shown on mine map will remain between mine area and property lines to filter any sediments before they can leave the property, also silt fencing will be placed in any area within the mine that: has a potential for silting. See mine map for details. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ❑ No 2. If yes,briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes ❑ No ®. Ifyes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). -6- APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes ® No ❑. If yes, do you intend to dewater the excavation(s)? Yes ❑ No ®. If yes,what impact, if any,will mine dewatering have on neighboring wells? Estimated withdrawal rate to gallons per day: . Locate all existing wells on the mine map(s) that lie within 500feet ohe proposed excavation area. Provide data to support any conclusions or statements made, including any momtorin�well data,well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. No resident within approximately one (1) mile, therefore no neighboring wells within one (1) miles. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s)(i.e.,non-discharge,NPDES,Stormwater,etc.)from the Division of Water Quality,Water Quality Section. In addition,the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. No dewatering will occur and no permit is required. 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? If dusty conditions occur, then mine will use a dater truck to wet dusty areas. -7- APPLICATION FOR A MININAERMIT 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever),or a combination of the two,depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). See map for buffers. 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). See map for buffer, no natural water�course'exi.st in the area to be disturbed: 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to I 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. Material is sandy, and all side slopes will be 3 to I or flatter. - 8- APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. No berms, all non-vegetative buffer areas will be seeded per Specifications. See mime map. c. In excavation(s)of unconsolidated (non-rock)materials,specify the angle of all cut slopes including specifications for benching and sloping. Cross-sections far all cut slopes must be provided on the mine map(s). All side slopes will be 3 to 1 or flatter. d. In hardrock excavations,specify proposed bench widths and heights in feet. Provide cross-sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. N/A 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. No neighboring houses nearby and the location of the proposed mine is more than 500 feet off of the state road. Also, buffer will be placed as not to harm anyone. 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). A gate will be installed at the entrance of the haul road. -9- APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes ❑ No ®. If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans (including a schedule of implementation) for screenin*the operation from public view such as maintaining or planting trees,bushes or other vegetation,building berms or other measures. Show the location of all visual screening on the mine map(s) and provide cross-sections through all proposed berms or proposed spacing, sizes and species for tree plantings. A sufficient buffer of natural vegetation will remain around all portions of the operation, see map for buffers. 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? Not in my opinion. 11. Will explosives be used? Yes ❑ No Fl. If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program(such as a third-party blasting study). Locate the nearest offsite occupied structure(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes ❑ No ©. Ifyes, describe these materials, how they will be stored and method of containment in case ofspill. Indicate the location(s) of all storage facilities on the mine map(s). - Io- APPLICATION FOR A MININGIERMIT • D. RECLAMATION PLAN I. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion,siltation and other pollution, This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross-sections, of any permanent channels to be constructed as part ofthe reclamation plan and the location(s) ofall permanent channels must be indicated on the reclamation map. The end result will be an excavated lake with no discharge with an approximate depth of no more than 25 :feet. All adjacent disturbed area will be graded and revegetated so as to prevent the collection of noxious or foul water. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes F 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 xQ No ❑. If yes, specify species. Breax, bass and .catfish. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end-to-end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. No permanent barricades will be left, all water in the excavated area will be ground and rain water. - Il - APPLICATION FOR A MININGIERMIT 4. Indicate the method(s)of reclamation of overburden,refuse,spoil banks or other such on-site mine waste areas, including specifications for benching and sloping. Final cross-sections and locations for such areas must be provided on the reclamation map. No spoil or waste area will remain on site. 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. Processing facilities, stockpile area and on-site roadways will be obliterated so as to maintain adequate water depth in 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 road and 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 he 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 o�tems to be disposed in said areas. Not aware of any contaminants or waste products that this operation would generate: If contamination was�:to occur, then they would be disposed of in accordance with 6urrent regulations. - 12- APPLICATION FOR A MINAkERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seediniz,including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service,specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION tons/ cre)- FERTILIZER - ANALYSIS AND RRA�TF OF APPLICATION (pounds/acre): �ec. ti SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding Dates: Seeding Rates: See attached S e� MULCH-TYPE AND RATE OF APPLIC 10 (pounds/acre)AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS —TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, tree / cre, s aci g of trees/shrubs, etc): Revegetation d/or reforestat.on pl proved by: Signature Date Print Name ,' 11"*1_ + A 'e� i Title Agency - 13 - TEMPORARY SEEDING RECOMMENDATIONS Table 6.10a sate Winter & Early Spring Seeding mixture Species I Rate,(lb/acrel (lb/1000 ft2) Rye(grain) 120 2.75 Annual Iespedexa(Kobe in 50 1.15 Piedmont and Costal Plain, Korean in Mountains) Omit amual Iespedeza when duration to temporary cover is not to extend beyond June. Seeding dates: Mountains- Above 2500 ft:Veb.15-May 15 Below 2500ft; Feb.1-May 1 Piedmont- Jan,I-May 1 Costal Plain Dec. 1-April 13 Soil am=drnents: Apply Lime and fertilizer according to soil teats,or apply 2,000 lb/acre(45.9 lb/1000sq ft)ground agricultural limestone(use-the lower rate on sandy soils)and 750 lb/acre(17.21b/1.000sq ft)10-10-10 fertilizer. Mulch: Apply 4,000 lb/acne(91,83 lb/1000sq ft) straw. Anchor straw by tacking with asphalt,netting,or a mulch anchoring tool. A disk with blades Set nearly straight can he used as a mulch anchoring tool. Mainiftnance: Refertili2e if growth is not fully adequate. Reseed,refertilize and mulch immediately following erosion or other damage. Table 6.10b Summer Seeding mixtrrre e� Rate(lbfarrei 011000 ft2 Carman millet 40 0.92 In the Piedmont and Mountains,a small-stemmed Sudangrass may be substituted at a rate of 50 lb/acre, Seeding dates: Mountains May 15-Aug. 15 Piedmont- May 1-Aug.15 Costal Plain- April 15-Aug.15 Soil amendments: Follow recommendations of soil test or apply 2,000 lb/acre(45.9 Ib/1000sq ft)ground agricultural limestone and 750 lb/acre(17.2 lb/1000sq ft) 10-10-10 fertilizer. Mulch: Apply 4,000 lb/acre(91.85 Ib/1000sq ft)straw. Anchor straw by tacking with asphalt,netting,or a mulch anchoring tool_ A disk with blades set nearly straight can be used as a mulch anchoring tool. Maintenance: Refeeilize if growth is not fully adequate, Reseed,referdlize and mulch immediately following erasion or other damage_ Table 6.10c Fat Seeding mixture aacrli_eA RaLe cre) (1bI100f)ftt) Rye(grain) .120 2.75 Seeding dates: Mountains-- Aug,15-Dec.15 Piedmont&Costal Plain- Aug,15-Dec.30 Soil amendments: Follow recommendations of soil test or apply 2,000 lb/acre(45.9 lb/1000sq ft)ground agricultural limestone and 1,0001b/acre(22.9 lb/1000sq ft)10-10-10 fertilizer_ Mulch. Apply 4,000 lb/acre(9133 1b/1 000sq ft)atraw. Anchor straw by tacking with asphalt,netting,or a mulch anchoring tool. A disk with blades set nearly straight can be used as a mulch anchoring tool. Maintenance: Repair and refertilize damaged areas immediately, Topdress with 50 lblacre(1.15 lb/1000sq ft)of nitrogen in March. If it is necessary to extend temporary cover beyond June 15,ovierseed with 50 lb/acre(1.15 ib/1000sq ft)Kobe(Piedmont and Costal Plain)or Korean(Mountains)lespedeza in late Pebruary or early March. PERMANENIOSE-EDING RECOMMENPAVIONS Falb &Early SP6119 Fable 6.11p Seeding No. 1CP for: Well to Poorly Drained Soils with Good Moisture Retention: Law Maintenance Seeding � Rate(lblarxe1 b f Tall fescue SO 1.$A Pensacola Bahiagrass 50 1.15 Sericea lespedeza 30 0.69 Kobe lespedeza 10 0.23 Seeding notes: 1.. prom Sept. 1 M March 1,use unscari$ed sericea seed, 2. On poorly drained sites omit sericea and increase Kobe to 30 lb/acre 3. Where a neat appearance is desired, omit serim and increase Kohe to 40 lb/acre, Nurse Plants: Between Apr.15 and Aug-15,ad 10 lb/acre German Millet or 15 lb/acre Sadangrass.Prior to May 1 or after Aug.15 and 25 lb/acre rye(grain). Seeding dates: . D= Possible Early spring: Feb.15—March 20 Peb.15—April 30 Tall: Sept.I—Sept.30 Sept.1—Oct.31 Soil amendments: Apply lime and fertilizer according to soil tests,or apply 3,000 5,000 lb/acre(68,9-114.8 lb/1000sq ft) gxcund.alliLiilturat limestone(use the lower rate an sandy soils)and 1,000 lb/acre(22.9lb/1000sq ft) 10-10-10 fertilizer. Mulch: Apply 4-000 lb/acre(91.8 lb/1000sq it)grain straw or equivalent cover of another suitable mulch. Anchor straw by taddng with asphalt,mttin&or roving or by crimping with a mulch anchoring tool. A disk with blades set nearly straight can be uved as a mulch anchoring tool. Maintenance: If growth is less than fully adequate,refertiJ.ize in the second year,according to soil tests or topdress with 500 lblacre(1,1.5 lb/1000sq ft).1&10-10 fertilizer. Mown as needed when wricea ib o"tted form the mixture.Reseed, fertilize,and mulch damage areas immediately. Late Sprung & Early Summer Table 6.11t Seeding No.Sop for; Well-Draft ed Sandy Loam to Dry sands;Low Mainirmnce Seeding mixture Species-2 Rate hLA lbli000 ft2 Pensacola bahiagrass 50 1.15 Seric€a lespedeza 30 0.69 Common Bermudagrass 10 0.23 German millet 10 0.29 Seeding notes: 1. Where a neat appearance is desired,ramit serlcea. 2. Use common Bermudagxass only on isolated sites where it cannot become a pest. Bermudagrass maybe replacing with 5.b/acre centripedegrass. Seeding Dates: April 1--July 15 Soil amendment8: Apply lime and fertilizer according to soil test,or apply 3,0001blacre(68.9/1000sq(t)ground agricultural limestore and 500 lb/acre(11.5/1000sq ft) 16-10-10 fertilizer. Mulch: Apply 4,000 lb/acre(91.8 lb/1000sq ft)grain straw or equivalent cover of suitable mulch. Anchor by tacking with asphailt,roving, or netting or by erimpinr with a mu lch anchoring tool. A disk with blades set nearly straight can be Used as ei mulch anchoring tool. Maintenance! Rrfer0117e the following April with S0 lb/acre(1.15I1b11000sq ft)nitrogen. Repeat as gvowvth requires, May be mowed only once a year. Where a,neat Rppearance is desired,onnit sericea and mow as often as needed. 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 miningpermit. Please insert the approximate acreage, far each aspect of the mining operation, that you intend to a�'ect during the life of this miningpermit 6n addition,please insert the apyropriate reclamation cost/acre for each category�from the Schedule of Reclamation_Costs provided with this applicationform) OR you can de er to the Department to calculate your bond for you based upon your maps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: 0 Ac. X $ 0 /Ac. _ $ 0 Stockpiles: . 5 Ac. X $ 1800 /Ac. _ $ 900.00 Wastepiles: .5 Ac. X $ T200Q /Ac. _ $ 1000,00 Processing Area/Haul Roads: .67 Ac. X $ IAc. _ $ Mine Excavation: 11 .92 Ac. X $ 500 /Ac, _ $ 5960.00 Other: 0 Ac. X $ 0 /Ac. _ $ 0 TOTAL AFFECTED AC.: 12. 59 Ac. (TOTAL PERMITTED AC.: 16.35 Ac.) Temporary& Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 12.59 Ac. b) Positive Drainage 0 Ac. X $1,500.00 = $ 0 SUBTOTAL COST: $ 9220.00 WL Inflation Factor: 0.02 X SUBTOTAL COST: $ 9220,00 X Permit Life (I to 10 years): in INFLATION COST: $ 184 4� PVO0 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 9404 .40 Total Reclamation Bond Cost: $ 9400.00 (round down to the neares .00) - 14- APPLICATION FOR A MININGIERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The"Notice" form,or a facsimile thereof,attached to this application must be sent certified or registered mail, return receipt requested, to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway,creek,stream,river, or other watercourse, railroad track,or utility or other public right-of-way.If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary)as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department,.with the remainder of the completed application form, before the application will be considered complete. NOTES: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA,AS REQUIRED BY NCGS 74-50(bl). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" - 15 - i r NOTICE Pursuant to provisions G.S. 74-50(bl)of The Mining Act of 1971,Notice is hereby given that J. Larry Faulkenberry has applied on (Applicant Name) (Date) to the Land Quality Section,Division of Land Resources,North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh,North Carolina 27699-1612, for(check one): ❑ a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re-notification of adjoining landowners. The applicant proposes to mine Sand on 16- 5 acres located 1 _ 5 (Mineral, Ore) (Number) (Miles) Nnrrh of Shallotte off/near road SR 1345 in �Direction) (Nearest Town) (Number/Name) .fLu4$W i C!L County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74.50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51,a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity, lease contact the applicant at the followin 2 telephone number: For information on the mining permit app ication 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 app ication review process until a final decision is made on the application. (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) &Company Name, if Applicable) (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record) - 16- • APPLICATION FOR A MININGPERMIT • AFFIDAVIT OF NOTIFICATION 1, J. Larry Faulken ,an applicant,or an agent, or employee of an applicant,for a new Mining Permit,or a modification of an existing Mining Permit to add land to the permitted area,from the N.C. Department of Environment and Natural Resources,being first duly sworn,do hereby attest that the following are all known owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary)and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested,to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) see attached sheet (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) [i.e.: City Manager, County Manager, Mayor, etc,] The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private,of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the reining permit boundary)and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl)and 15A NCAC 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 to be mailed and to provide them to the Department upon request. h�Jta�� Signature of Applicant or AgLAt Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Title of person,executing Affidavit I, its D Y1 a Notary Public of the County of 3vbLristv;c , State of North Carolina, do hereby certify that -T Larrq Fak l�ekj 6eY r appeared before me this day and under oath acknowledged that the above d�+► 4s made by himther. Witness my hand and notarial seal, this day of Xor, 00i . Notary: le _W t my Comi-ig OJ6 x�i e r zq 201 - 17- $�G ','0 • � 1 1 ADJOINING LAND OWNERS NAMES & ADDRESSES. PLUS COUNTY MANAGER (Page 17) 1. Tidal Ventures, LLC 1574 Monster Buck Estates Supply,NC 28462 2. Charles& Patricia M. Linder 1440 South Ocean Boulevard Myrtle Beach, SC 29577 3. Brunswick Timber, LLC Suite 1250 15 Piedmont Center Atlanta, GA 30305 4. Red Mountain Timberco, Inc. 31 Inverness Center #360 Birmingham, AL 35242 5. Marty Lawing County Manager P.O. Box 249 Bolivia, NC 28422 APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: Signatur Signature:' Print Name:4- r „ 1 re.y lc!r Print Name: T s��,•,r �4 #11 Ew &t/' :r _ (Title, if applicable) ^ f Company$ ,4 Title: %)CO J f (If applica a a++ ecoca7T#'Aor.l ,,,.tt "� ,e, A - C Address:P D - go'9 4� _ Company�.-,o--.w,L r P."j6,,J c1s .+ d ei s Ar,L4 5.�. z g d 4 7 ece e,,,7'a,4,! PRAa^P T."cs A- 1. C , Mine Name: 1 Telephone: (ADR)_��� —��D��- Telephone: Date Signed: n 0 Date Signed: ;t 1 f-R .b F *Signature must be the same as the individual who signed Page 1 of this application. One original and five 5 copies of the completed apalLeation, six 6 copies of all location maps, mine maps and reclamation maps,and the appropriate nrocessinQ 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. UNITED STATES p STA! g F' Class Mail �.f3� 5 $ R�OlIM1 ►$ aid NC Aria ALSW10 24APR24XG PM a L • Sender: Please print your name, address, 4 in'1111's' B q >`� 1111lllt till I till ill Hitt111t,tltitlllittltl1ill I COMPLETESENDER: COMPLETE THIS SECTION • ON DELIVERY ■ Complete Items 1.2.and 3.Also complete A ) ttem 4 If Restricted Delivery Is desired. f mi�� ■ Print your name and address on the reverse ❑Address so that we can retum the card to you. . R (pI�Nam) 14WN • Attach this card to the back of the mailplece, or on the front if space permits. D. Is owv y address different from Rem 17 ❑Yes 1. Artiste Addressed to: If YES,eater delivery address below: ❑No Td, 1 Vedl"-,-' , LL 57 M0.0 sle )?wC 3. Service Type ❑Cerdfled Mail ❑E Mail w 2— > s Reghti ed ed 13❑ Return Receipt Merohand ❑ 4. Restricted Delivery?aDftm Fee) ❑Yes 2. Article Nr,� 7008 0500 0000 3882 5145 (Bander frem servtoe tebat) PS Form 3811,February 2004 Domestic Return Receipt 10M5-M-W1 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • y0 Nc �t1�i�l}i�}i�1111+1�1i111}1}if�illl�}II�f�111111Fif�111�1111�i� • SECTION • a • DELIVERY ■ Complete items 1,2,and 3.Also complete Aopt item 4 if Restricted Delivery is desired. ❑Agent Print your name and address on the reverse X ❑Add. so that we can return the card to you. B. R Name) C. Date of DeBw ■ Attach this card to the back of the mailplece, or on the front if space permits D. Is delivery eddy different item 17 ❑Yes liv 1. Article Addressed to: tf YES,miter ❑fro 7, n b.tr , LL C `tC P S� a 12-SO I y� 3. Service ❑Certifl ❑Rep Iptfor MerCfiandl 30 3 o s ❑insured Mail D. 4. Restricted DelMW aNfrn Fee) ❑Yes 2 • ARtcieNumber 7008 0500 0000 3882 5169 (rmns br from servke labs!) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-WI UNITED STATES POSTAL SERVICE .r r "�3:��s',t�'b�-� '•ems...'� �+ �' • Sender. Please print your name, address, and ZIP+ m this box • aD � by Ny stiC,, 11a & J INC L��r��rr�rr�rrFr�i�rlrl,rri111irr��irr��frrr�rlr�11�i1�rlrr�� SENDER: i • r • DELMMY ■ Complete Fterns 1,2,and 3.Also complete A _ en re item 4 if Restricted Delivery is desired. ❑ W Print your name and address on the reverse �� O Address so that we can return the caul to you. cried Name) C DeEive ■ Attach this card to the hack of the mailpiece, or on the front If space permits. Cl. is dWlivery address different frarrr Item 11 ❑-Yes /1.(Article Addressed to::: i it YES,enter delivery address bebw; ❑No ly60 S, DPe," " RW, G m w r t a'e r � 3. service Type ,21577 0 cued Mau ❑Exprass Mali ❑Rvswe ❑Retom Rene"for MettYmndl ❑ Insured Mail 0 C.O.D. 4. ResWated Delivery?IlEv"Fee) ❑Yes 2. Article"gym . i( 7008 . 05,00 ; 0000 3882 5176 !•ranster irwrr ssrvtce 1a6e1} ' PS Form 3811,February 2004, Dom Return A celpt 102505-02-Wr UNITED STATES POSTAL SERVICE First-Class Malt Postage&Fees Paid M Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • gyp, j , box 1117 shc. �c s avy a#ait Its IIIIhI h III III III III lit IIH.0 Ills$6IINI atilt 11 tilt III COMPLETE •N COMPLETE THiS SECTION ON ■ Complete ttems 1,2,and 3.Atso complete A. SiSn=jre Item 4 It Restricted Delivery is desired, u ❑Agent ■ Print your name and address on the reverse ( ❑Address so that we Can return the Carta to you. (�' Wed Name) G. bate of Dellve • Attach this card to the back of the mailp C1 or on the front If space permits. 40 D. Is Y address tram fWm 1? ❑Yes 1. Amide A1ddressed to: yF&% del address below: ❑No C to f -4 �!rr PojTd JAP yy�9 �a0 P'"j � S��er✓f s �hg ay ed Mail ❑f�tpnas9 Mall ❑Rapt cured ❑Retum Receipt for Merortandt ❑Insured Mall ❑C.O.D. ` 4. Restricted Delivery?(Ec"Fee) ❑ym . Ar Number 7008 0500 0000 3882 51,52 (rn3rrnsfursi�r no,r,service rabe� PS For,3811, February 2004 Oomestc Return Receipt 102595.02-M-li UNITED STATI;S EFZ�(1 I t Class Mail 22 APR-2QCG PM 3 1 • Sender: Please print your name, address;5n "4"Fn1fi1gwx BG �b �-ariI f3o * 0 ` 1 t 1 5 f age . .t COMPLETE •N COMPLETE THIS SECTION ON ■ Complete items 1,2,and 3.Also complete A. 519ne stern 4 If Restricted Delivery is desired. x Agent ■ Print your name and address on the reverse so that we can n:tum the card to you. B. R by 17HrKad C of Oe ■ Attach this card to the back of the mallplece, ri��N D or on the front If space permits. t. Amide Addressed to: D., to address' from team hT Yes M YES.enter dettvery address be4 w: ❑No mo�ft11 F CLr.J I N °, Cc VI- PA rYla ri Q.- r Qe . �o y- a 3. Service Type f ClCertified iwi ❑Expresm Mali c o Registered o temp t pt for Merd� a g y ❑ insured Mall ❑ 4. Restricted Delivery?Xxft Fee) ❑Yes 2. Artlde"umber 7008 0500 0000 3882 5121 (7 wmfw from service k6w PS Form 3811,February 2004 Domestic Return Receipt rgrz5esar rn i • • B.M Long & Associates P.O. Box 1117 * 6609 Ocean Hwy West * Shallotte,NC 28459 Phone (910) 754-6300 * Fax (910) 754-5486 t -LAND SUP VEYORS * PLANNERS- WE SURVEY THE LAND AND ANYTHING THEREON May 16,2008 To: Judy Wehner NCDENR Land Quality Section 1612 mail Service Center Raleigh,NC 27699 Re: New mining application for J. Larry Faulkenberry—name of mine, Royal Oak. Enclosed is information required for a mining permit. 1. Application 2. Check for 3750.00 3. Copy of certified receipt mailed to adjoining property owner. 4. Letter from Brunswick County Department granting a special exception permit # 08-055 If I can provide any additional information of any kind, please advise. Sincerely Bobby . L ng LEE Brunswick County Planning and Community Development Department P.O. Box 249 75 Courthouse Drive N.E., Btdg Bolivia, NC 28422 (910) 253-2025 May 2, 2008 z Mr. J. Larry FaulkenberryPO Box 44 Kershaw, SC 29067 RE: Request for a Special Exception for a "Class I Mine" File Number 08-05S Dear Mr. Faulkenberry: This is to confirm that at the April 10, 2008 Board of Adjustment Meeting the Special Exception for a "Class I Mine" was conditionally approved. Please find attached a copy of the Special Exception Permit. The Special Exception Permit has been formatted to meet the standards so as to be recorded by the Brunswick County Register of Deeds. Per Section 3.3.10.A. of the Brunswick County Unified Development Ordinance (UDO), the applicant must file the approved special exception with the Brunswick County Register of Deeds or the special exception shall be deemed void. Please remember that this Special Exception Permit runs with the property and not the owner. Per Section 3.3.15. of the,UDO, a Special Exception permit shall become null and void in any of the following cases: • If a final site plan is not approved within 24 months of the date of permit approval. • If an approved final site plan expires. • If a substantial violation of the conditions of the permit, as determined by the Zoning Administrator occurs. The addition of language to the special exception permit regarding such voiding shall not be required. If you have any questions please feet free to contact me at 910-253-2035 or via email at hbunch@brunsco.net. Sincerely, Ow &&AO &WJV Helen Evans Bunch, CZO Zoning Administrator Attachment Certified Mail 7003 3110 0003 7294 7357 cc: J. Leslie Bell, Planning Director Brunswick County Planning and Community Development Department P.O. Box 249 75 Courthouse Drive N.E., Bldg I Bolivia, NC 28422 (910) 253-2025 SPECIAL EXCEPTION PERMIT On the date(s) listed below, the Board of Adjustment of Brunswick County met and held a public hearing to consider the following application: Application No. 08-05S Applicant: J. Larry Faulkenberry Property Location: 537 Royal Oak Road, Supply NC 28462 Parcel Number: A portion of 1340000101 Zoning District: Rural Residential (RR) Intent:The Rural Residential District is intended to accommodate nonresidential agricultural uses and low density residential development, as well as limited nonresidential uses that are supportive of the County's traditional agricultural orientation. Surrounding Zoning: North RR South RR East RR West RR Page 1 of 4 Not to be separated. HEB I l Proposed Use of Property: Class 1 Mine The project was submitted to the Planning Department on March 12, 2498 and appeared before the Brunswick County Board of Adjustment on April 19, 2008. The applicant is proposing to place a Class I Mine in the Rural Residential (RR) Zoning District. The Brunswick County Land Use Plan designation for this parcel is Conservation. This use is permissible with Special Exception approval by the Board of Adjustment. SECTION 1 -- FINDINGS: Having heard all of the evidence and arguments presented at the hearing, the Board of Adjustment, at its regular meeting, finds and determines that the application is complete, and subject to the conditions imposed below, the following findings are made: 1. A written application was submitted and complete in all respects. 2. The Class I Mine for which the Special Exception is sought is in harmony with the area and is not substantially injurious to the value of properties in the general vicinity. This is based on sworn testimony and evidence submitted during the hearing which shows the following: a. This is a rural area, with the proposed use permissible as a Special Exception by the Board of Adjustment. b. An adjacent property owner testified in favor of the request. c. The proposed use will be a minimum of one (1) mile from the nearest residence. 3. The Class I Mine for which the Special Exception is sought is in conformance with all special requirements applicable to this use. This is based on sworn testimony and evidence submitted during the hearing which shows the following: a. Section 5.2.3. of the Brunswick County Unified Development Ordinance lists a Class I Mine as a permissible use in the Rural Residential Zoning District if approved by the Board of Adjustment through the Special Exception process b. The site plan submitted by the applicant was reviewed by the Zoning Administrator and found to meet all requirements and conditions of the ordinance, provided that all of the approval criteria and conditions outlined in the Staff Report are met. 4. The Class I Mine for which the Special Exception is sought, if developed as proposed will not adversely affect the health and safety of the public. This is based on sworn testimony and evidence submitted during the hearing which shows the following: a. Adequate buffers are proposed as denoted on the site plan. b. Access to the mine will be gated after hours. 5. The Class I Mine, if developed as proposed, will adequately address the twelve (12) review factors identified in Section 3.3.9.B. of the Brunswick County Unified Development Ordinance. This is based on sworn testimony and evidence submitted during the hearing which shows the following: a. The Board concurs with the staff report which outlines the twelve (12) review factors as stated in the Unified Development Ordinance, specifically 1. Circulation: The request is for a Class I Mine. This parcel is accessed by a proposed 60' access road, which will allow direct access to Royal Oak Road (SR 1345). Page 2 of 4 Not to be separated. HEB 4 2. Parking and Loading: Per Section 6.1.6 of the Unified Development Ordinance, 1 space for every 300 square feet of enclosed office area will be required, however, no facilities are proposed in the application. 3. Service Entrances and Areas: All service vehicles will use the same access road as the proposed mining operation. 4. Lighting: No exterior lighting is proposed. Any additional lighting must meet the requirements of Section 6.6 "Outdoor Lighting" of the Unified Development Ordinance (UDO). 5. Signs: No signs are proposed. Any signage must meet the requirements of Article 10 of the UDO. 6. Utilities: No utilities are proposed. 7. Open Space: N/A 8. Environmental Protection: The applicant must meet all applicable Federal, State and Local requirements. 9. Screening, Buffering and Landscaping: The proposed parcel Is surrounded by like zoning; therefore screening buffers will not be required. The North Carolina Department of Environment and Natural Resources standards for mine buffers will apply. Landscaping will be limited to vehicular use areas consistent with Section 6.1.10.E. of the UDO, however no facilities requiring such are proposed in the application. 10. Effect on Adjoining Property: Adjoining property is undeveloped as evidenced in the attached photographs. 11. Compatibility: There is no development in the adjacent area. 12. Impacts on Military Installations: This project is not within a 5 mile perimeter of any Military Installation. SECTION 2 — CONDITIONS: Now,'therefore, the application to make use of the above described property for the purpose indicated is hereby approved and granted, subject to all applicable provisions of the Brunswick County Unified Development Ordinance, this permit, and the following special conditions which the Board of Adjustment finds to be in the public interest: 1. That the development shall proceed in conformity with all plans and design features submitted as part of the special exception application and kept on file by the Brunswick County Planning Department, 2. That the development of the parcel(s) shall comply with all regulations as specified in the Brunswick County Unified Development Ordinance, 3. The parcel is currently 126.44 acres, with 12.59 acres of the parcel to be subdivided into a separate tract. The subdivision of the parcel must occur prior to the filing of a mining application with the State of North Carolina. 4. The applicant must obtain a Mining Permit from the North Carolina Department of Environment and Natural Resources prior to the beginning of any mining activities. 5. The applicant must obtain a driveway permit from the North Carolina Department of ` Transportation (NCDOT) for access to Royal Oak Road. 6. That if the specified conditions addressed in this special exception are violated, the permit shall be revoked and the use will no longer be allowed. Only by reapplying to the Board Page 3 of 4 Not to be separated. HBB of Adjustment for another special use permit and receiving their approval can the use be again permitted. SECTION 3 —VESTED RIGHTS: Approval of this permit confers upon the property the right to develop with the type and intensity of use as herein described and as shown on the approved site plan. Vested rights are hereby established pursuant to Section 3.2.17. of the Brunswick County Unified Development Ordinance. SECTION 4: SEVERABILITY AND RECORDATION: Invalidation of any one or more of these conditions shall not adversely affect the balance of said conditions, which shall remain in full force and effect. of n 4xvw P Helen Evans Bunch, CZO Zoning Administrator STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK 1, the undersigned,Notary Public for said State and County certify that Helen Evans Bunch,personally came before me this day and acknowledged Helen Evans Bunch as the Zoning Administrator of The County of Brunswick,a political subdivision of the State of North Carolina and that by authority duly given and as the act of the County,the foregoing instrument was signed in its name by her as its Zoning Administrator. Witness my hand and notarial seal,this the 2 day,o 10 f , 244� • �% 60-4-L' Cj�pTARYi� � C,A� Connie Marlowe L fIBl tC+A My Commission Expires: plot I Page 4 of 4 Not to be separated. HEB VICINITY MAP DEERWOOD $IAS` t R� { A TRAIL 7L�4 Mining Permit Survey for 1 - Top of 3:1 Top of 3:1 Side Sloe Side Slope �� + P, t Bruns�wzck Timberland and SR 1345 Existing Ground i 5�� Level Water Sur-face Example of sediment control for Recreational Properties LLC " `� :7 4pPE stock pile and any distrubed area SLOpF Bottom of Pond �, 5 �� Put slopes back Lockwood FollyTownship Brunswick County, N.C. NOT TO SCALE ! to blend into p ---VARIES DEPTH I 1 DEPTH OF POND existing terrain 0' 200' 400' 600 VARIES FROM 20 TO 35 BELOW Typical I, Bobby M. Long certify that this plat was EXISTING GROUND Stockpile Graphic Scale = Feet drawn under my supervision from an actual survey made WATER DEPTH 15' TO 20't under my supervision (deed description recorded in Book TYPICAL RECLAMATION POND SECTION / DowrT rode Scale 1" = 200' June 12, 2007 2678 Page 96 etc.) (other) see references; that the boundaries not surveyed are clearly indicated as drawn Not to Scale / 7y � scc Rev. March 11, 2008 itl from information found in Book , Page __; that the ratio of precision as calculated is 1:7500+ ; that this plat was / Silt Fence g Bobby M. Long & Associat prepared in accordance with G.S. 47-30 as amended. Witness my original signature, license number and seal this 7th P.O. Box 1117 day of May, A.D., 2008- 8runswick Timberland & Shallotte, N-C. 2$4 - 11 ,�������► � Recreational Properties, LLC (910) 754-6300 2678196 �� Patricia M. & Charles Linder (910) 754-5486 Fax CAL GQ` '`���•�; ' ?yo .�'♦ Map Cab. 44, Pg. 3 2 7 7 1/106 Surveyor rI`� WE SURVEY THE EARTH AND EVERYTHING THEREON License Number - 65 = 404 Wetlonds� �• •� �• •� =- I further certify that this survey creates a subdivision of land within the area of a county or municipality that '�„ +++� � , : �`� '�� NAME OF APPLICANT has an ordinance that regulates parcels of lands+ ���"���, �•��J,� $ p�c�^��s� �,��j� J. LARRY FAULKENBERRY — X0151a i •���c ss . .0 � '°^°�6Po NAME OF MINE - I (We) hereby certify that I am (we are) the owner(s) of the property shown and S0, 2j,0�6 iy P7;��a �29 \ 5 ed / s s �� ��s ROYAL OAK described hereon which was conveyed to me (us) by deed recorded in Book O F `�tiJt� Mine Excavation 0d,. l�, ,7, Page . and that I (we) hereby adopt this plan of subdivision with my (our) free \ N end / 11.92 Acres \t ` I consent, establish the minimum building lines, and dedicated all streets, alleys, walks, \\ �p 1 Po, '9 0 `}p `.1 parks, drainage--wogs, and other open spaces to public or private use as noted. Further, \ ` ll \ 4'pst6, o� '��} /�1 O = I (we) certify that the land as shown hereon is within the Subdivision Regulation \\ Clearing and \^p� �.r, O'S jurisdiction of Brunswick County. Fs\` ti Grading Limits Tract A �V� Permit \�^ 15.68 Acres /!`Boundary GjQ o +0.67 Acres Access Road �o� 0 Owners(s) /Date \\� S , 16.35 Acres rota! \ O� t C) 0\ -3 7R A�ro u,.'Wer 4- C' I � sj "r 12.59 Affected Acres us ��,o. S 86-20'27" W 00 \ 4^,\ 30$.36' Tie Line o • a\ �s �we� �� 5^�`0 0�N I, Review Officer of Brunswick County, �a /L% certify that the map or plat to which this certifications is affixed 4o c:) � meets all statutory requirements for recording. 00 I Review Officer �'�'� 9�, \5�� o/ , /ca Orh 0' MI \\ 2 NOTES /Oc' 06 ��& �;s�o¢ToZo� /vQ �O�'ry oQv`�ra QOi A.. Q 1. Area Determined by DMD. ,1\ 1 A 4c / Q� Al v \ '(J o` ro 2. This property is subject to any and all easements, covenants, s�`3S� `� J�C, ry�o 6" MIN. restrictions, right-of-ways of record, govemmental ordinances N85'31'09 ° and/or requirements which may exist and limit the use 2" - 3- of this property. \ \6.45 \ 7 4� `� Brunswick Timberland & COARSE AGGREGATE � � d'' � 3. This survey does not certify legal title to the land itself, or to \ \ ,�56. 5' �s96\\ s' Recreational Properties, LLC the boundaries shown. Users of this plat should obtain on accurate YYY O \\ N C)� 2678196 PROPOSED CONCRETE legal opinion as to ownership to the boundaries shown on \ —25. T _J n co this plot. 52 9g' °�o� \ � -'A Map Cab. 44, Pg. 3 CONSTRUCTION ENTRANCE _-34' \ �' 0.67 Acres PROPOSED CONCRETE 4. FEMA Flood Map Identifies parcel as being in FIRM ZONE X & A(46'), �Community Panel 370295 1099 J, 6/2/06. \ <9 ROAD EASEMENT Not to scale 5. Tax Map Parcel No. - 13400001.01 DETAIL 0 �Crg 6. Zoning - Rural Residential N 57-1y'l7" 7. field work surveyed by Samuel T. Inman, PL5 #L-2778. � s. Setbacks Front: 25' ROAD EASEMENT o Rear. 25' LINE BEARING DISTANCE 04 Side: 10' L1 S D352'57' W 81.57' 41! 1 hereby certify that the subdivision plat shown hereon has been found to comply L2 S 45'54'21" W 100.47' Q Brunswick Timber, LLC with the Unified Development Ordinance of Brunswick County, with any variances(if `00'45" W 68.55' applicable) noted in the minutes of the Brunswick Count Board, that all REFERENCES L4 S 04 � 1874/1326 y Planning L6 N 50'33'05" W 210.65' easements, shown hereon, are accepted by Brunswick County, subject to approval by g Ma Book 3, P 146 the N.C. Department of Transportation which assumes no responsibility to open or Deed Book 2678 Page 6 L7 N 05'38'17" E 240.44' �o � p 9• Map Cabinet 44 Page 3 L8 S OS'38" 7" W 168.26' maintain the some, and that this map has been approved for recording in the office L9 I S 50'35'21" E 175.09 o LEGEND L10 S 57"19'40" E 72.14' 1 the Brunswick County Register of Deeds. -4111- Existing iron or iron pipe OML Old marked line M -0- New iron or iron pipe set Center line Planning Director or Designee Date NC DOT R W Mo nument Property line -0- Concrete monument set CURVE RADIUS CHORD BEARING CHORD LENGTH RR/Spk. Railroad Spike C1 978,69' S 24'53'39" W 701.83' -O- Existing Corner type noted R/W Right of Way C2 1178-69' S 31'29'37" W 586.75' Approval expires if not recorded on or before (date) and must be f Existing concrete man. 0 Geodetic man. submitted for reappravai. COM V n"MA/AI(AYALAW TO THE MAIK AT A HOwH4 COST - AbpMESS WA►S,KC.OE#Arhk"OF TRANSP0RTATION pryl_S*N Of HIGHWAYS RALOOK MOWN CAKXNA.77411 1 1 I 1 I I I f l l l Ca l i 3 R a I I I 1 1 1 1 i i l I 1 1 n r L E v y f L _ 0 Flog ? � `- � ', •.. ��, n Ft rod d 4 1 CA j�0 V, �f•]3' • � � � Fry _ ;ti ��6 � \ 1 i (.Z] `o 1 � L• � + � f ` G f ,, t 1 `MkA� o fp 7� [ �±� � _ G> e� = d \[`•fir+ - _ f 4 L e f ' C 0 11 p YI { _ 1 !! p y •1 � � JJ � T _ V V O �1 I.r /y• FF �,AIOY I 7e7!• I ) M6, 1p r 4 SHALLOTTE INLET cil L'+1 1h Y r I+ >0 1 !� L 1,J rp.PO°' L P C I - 1 � r � � - 71'ap• �Z o �r � V t• r 1 � � � n / qr- [ r.rlam" 00 clr LICKWOOD FOLLY '.' 4 : • B Igo .I A O �= R sm F�G r M a • �I � t 1 �J r +� pl, a \`"a t' Ir G k 1 • J.\ ___ tre ��.�I _J L '1� � ♦� 71 rl �l QS \� � r vi• � [ 1_ a [v � %� �y ✓1~�� ' J, ry rl \ ' p- y Y, � * t _��/ T� � 'FJ � - 7ebl Ali �•ON i._• .. iSy C nu,yOe'Fn `- `, » C / •; II us •T- F JS•1 � L, v �' - �, H b K O J. {{ 1 te 'N, _ IN JV pr D B F 7eroo' r 2 x �� 1 -\-\ \� •R r g LZ�.m- - R!VE z ' —:_"EA FEAR - �� 0 € �o d 0 a��� � A 1 N �► � 7 1._-110 o_o. a � o o �v C � ,w z _ I� CA rn 7 CA 0 4 _ L b z m . z � � D ' -4 ,� ° -+ n I .IIIIi �I •} ��� I I ' �0 ° p r► © ■ • . e y m t •_ a It z = O = £= a � r € i Y r ! : Igc Rga � ' 6xaIQ4�b ' C ¢ Q !ram gQ _ � [�j t' n I i Q S 44Y Z p GE n 4 Q S k i K 0 v = O z Q � ! $ t • Rc4 p o o oCuo i _ s a STATE OF NORTH CAROLINA rvG2 UNITED STATES DEPARTMENT OF NATURAL RESOURCES SUPPLY QUADRANGLE 02 DEPARTMENT OF THE INTERIOR AND COMMUNITY DEVELOPMENT NORTH CAROLINA-BRUNS WICK CO. 53y�5yrP �6: GEOLOGICAL SURVEY BOLT5 MI RALEIGH, NORTH CAROLINA 535111!NE 7.5 MINUTE SERIES (TOPOGRAPHIC) 78°2,2' 30" 743000mE 744 �45 20' CAMP BRANDN4�5Mf (MONFYI$L4N171 749 17' 30" 751} 75� 75� 7 340 07' 3(l" - 53 78 1 4 selx Bear n 2l1 —.. - -3 °07' 30„ \ - _ - - - Air rt — - -- - - � - - - - I � 62 Ve - _ oeai B I G - 60 : f ,. 3778, ' f_ Caison - - Islands - 77 - --- y - 5' cam_; - B - �— _ so 4 Sandpit 130 000 1 - _ FLET 51 i - - 53 68 - 54 3776 _ G R E E - - i Ii fig 52 !sand 3175 (? 58 .SI , 53 51 4 _ Divide 3774 Bland - 1- - ac - v. 3774 , er_ - - 3773 —— - - J 4 S5 - - r 1 tA� 0 7 i �W 63 16 ` I ` `•_ �w52 ' 54 1 u P. \ 1 V 72 2 J so I� - I : LL , i f ' 3771 2.9 3771 `1J , se 57 Prospect. Radio y _ I I 57 - '" �� Lisle donia Towe _ •� 1; ' I 1 r , 1343j - - _� — cnr Iddle River 3770 r �• `J/ 46 Oct- ! ospecl Ch,. I5 r j j ) � n 2' 30" �Y f - -- - C. it 37 —_ ,1 � . � �) � - - I __ �.��•.--�,� �• �} � 5 � {. �/ 4' � [� �— _s J � 1 �/ �- i�J �-,--f. i / 1`._ �� Boiling ¢M ,9 1 `';J V� ^ �� Tt,1 r\� 1 ,_ rff ,7' ` f' �✓ ,I. • d � - ' _ , r } 100000 _ � Loci k J ,- � l ..,f�• � i .� u 1� 1�� \.. `� _ � r J f �4,\ I � � '�� r Q FEET �, / - '- ) = f 5° 1 �alloway J - _ 7 J 1Q' 1 yT rrdg zs • Big M_ so l ' _ Eck rca z '�1 �� 50 •./ O _J �� leg iGulf' s 3767 -- _ , , ! - �- i 1 - ...``1 �� �• �arM.zi 1�c• � 'i, �S ��� / ` 'I;i� (f LL {{{\\\ ✓ `Y } f Concord Ch ll LA, � - Wilho is Bovs .- r i 3766 - J r. art i l lamy so f ' I , _ is � _ 4 + 1 r f 1 2 � ��rwi Tmr: 2190 000 FEET � ` �4°00' l 7B 2' 3 744 745 746 20' SNALLOTTF 4._Ma. (HOLDEN BEACH) 749 17' 30" 7 7 7 00 51 52 53 0nE 7s 15' MYHTI E REACH:W Ml. 535 P IV NE � INTERl4R-GEOLOGICAL SURVEY, RESTOFi, VSRGINIA-7491 �1c` Produced by the United States Geological Survey ROAD CLASSIFICATION in cooperation with North Carolina Department of * SCALE 1:24 000 ►"' �` Natural Resources and Community Development Primary highway, Light-duty road, hard or - �, h MN, 5 0- — KILOMETERS _ ..... 1 .-- z y Control by USGS and NOS/NOAA GM 100D p T'METERS 10[KI �x p0 hard surface....... improved surface... __ s�'o96 Ya taken g1987.by led checked 1988.rammetric methods Mp edited 1990photagraphs 7!, � 1r __ _ Y 5 0 1 Secondary highway, y - _ - _ _ i , t33 MIL5 1`3Q' r _ 4 _ -_ — Interstate Route U. S. Route Projection and 10©00-foot ticks: North Carolina coordinate 1000 0 1000 2000 3000 4WD 5D00 WN 70M 8000 9000 10000 p � PI- __. "-'� g 27 MILS road. -..., y and surface....... Unimproved - rr,� `�• system, Lambert conformal conk FEET ) State Route I .. 1 meter Universal Transverse Mercator grid,zone 17 CONTOUR INTERVAL 5 FEET 1927 927 North American Datum N.C. To place on the predicted North American Datum 1983, NATIONAL GEODETIC VERTICAL DATUM OF 1929 move the projection lines 15 meters south and UTM GRID AND 1990W"4 7CNORT'li _m 25 meters west as shown by dashed comer ticks DECLINATION ATCENIEROFSIiEEr THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS QUADRANGLE LOCAM14 SUPPLY, N.C. Short dashed blue lines indicate elliptical bay outlines FOR SALE BY U.S. GEOLOGICAL SURVEY visible on aerial photographs DENVER,COLORADO 80225,OR RESTON,VIRGINIA 22092 34�78A3TF-024 Fine red dashed lines indicate selected fence and field lines where A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST 1990 generally viMble on aerial photograph4 This information is unchecked DMA 5352 III SE-SERIFS V842 -------- .... I