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10-89_1_Redacted
ROY COOPER Governor MICHAEL S. REGAN Secretary Energy,Mineral& TRACY DAVIS or Lana Resources ENVIRONMENTAL QUALITY December 1, 2017 Davis C. Herring Jr. Davis C. Herring Jr. 823 Robert Ruark Dr Southport, NC 28461 RE: Mining Permit No. 10-89 Herring Mine Brunswick County Dear Davis C. Herring Jr.: This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4, 2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site or for the duration of the lease term. The"life of site" means the period from the initial receipt of a permit for the operation until the mining operation terminates and the required reclamation is completed. Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior expiration date to convert your permit to a life of site or lease permit effective immediately. No action is required on your part for this modification to be effective. Please attach this letter to your existing mining permit for future reference. The mine name and permit number on the permit document, and all existing operating and reclamation conditions contained therein, shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new, transferred and modified mining permits. In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee of$400 per mining permit number. By statute, the initial payment of this annual $400 fee must be submitted to this office by December 31, 2017—see the attached Invoice to remit the initial annual fee payment by this deadline. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a $50/month late fee and could result in the denial of future permit actions and/or revocation of your mining permit. Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been raised from $500,000 to$1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations remains with you. Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy Wehner, Assistant State Mining Specialist, or me at(919) 707-9220. Sincerely, William "Toby"Vinson, Jr., PE, CPM Interim Director, DEMLR State of North Carolina I Environmenial Quality I Energy,Mineral and land Resources 512 N.Salisbury Street I Ib12 Mal!Service Center I R.a[e€gh,North Carolina 27699-1612 419 707 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 ❑ UNPERIITITTED MINE SITE 1. MINE NAME: Herring Mine 2. MINE LOCATION: Old Airoort Road 3. COUNTY: Brunswick 4. RAIER BASIN: Cape Tear 5. CASE: 6. OPERATOR: Davis Herrin Jr 7. ADDRESS: 823 Robert Ruark Drive South art,NC 28461 8. MINING PERMIT o: 10-89 ❑ N/A, 9. PERIITI'I' EkPf.RAT.tON DATE: 9.20.2023 ❑ NIA 10. 1'ERSON(S) CONTACTED AT SITE: Davis Herring 11. PICTURES? ❑ Yes ® No TAKEN BY: 12. TYI'E OF.INSI'ECI'ION: ❑ A. Initial Inspection (Unpennitted Mine Sites) 1. Size of affected land: ac. (attach sketch map) 2. Now was this area measured? Measured by: ® B. Routine Inspection (Permitted Mine Sites) ❑ C. Follow-up Inspection 13. Date of last inspection: 1.13.16 14. Any mining since that date? Yes ® No Il'yes, cite evidence of such mining activity: — excavation is larger in size and depth 15. Was mine operating at time of inspection? © Yes ❑ No If yes, explain: 16. Is the mine in compliance with the Operating Conditions of the Permit'? ❑ Yes ® No ❑ N/A If no,explain: Operating Condition 44.C. — Mininy- activities shall occur as indicated on the mine map last revised July 28, 2013. —There is a stockpile of rock that is being stored outside the miningpermit boundary. A mine review for a modification was conducted at the time of the inspection. 17. Is the mine in compliance with the Reclamation Conditions of the Permit.? ® Yes ❑ No ❑ NIA 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: MARAS-2017 If B or C, is there potential for offsite damage? ❑ Yes ❑ No Explain: lriTY 19. Corrective measures needed and/or taken: Continue efforts to get approval for o to include stockpiled material 20. Other recommendations and comments: 2.1. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (.Explain) ® Not Reviewed ❑ N/A Annual Reclamation Report (ARR) has not been viewed by this office. Submit ARR to Raleigh Central office if you have not done so _ 22. Follow-up inspection needed? ❑ Yes No Proposed date 23. No. of additional pages of Inspection 4. Copy,of Report sent to operator 2,23.17 INSI'ECI'ED :BY: Trentt James DATE 2.20.17 Telephone No: 910.796,7305 Copy to file Copy to operator Copy to Mining Specialist ROY COOPER Governor N � MICHAEL S. REGAN Secretary TRACY DAVIS Energy,Mineral& Director Land Resources ENVIRONMENTAL QUALITY February 7, 2017 MEMORANDUM2324�$ TO: Ms. Maria Dunn Habitat Conservation Program Coordinator _� Ffi �p7 Wildlife Resources Commission /� �Clf�� RECEIVED _u FROM: Brenda M. Harris eta Mining Program Secretary Mko f $ ?il CW Land Quality Section �l LAND QUALITY (10 6 g SUBJECT: Mining Permit Modification for Davis C. Herrii dlNG PROGRAM Herring Mine Brunswick County Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by February 24, 2017 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibmh 'No c."i- r f. Attachments . cc: Mr. Dan Sams �Nothtng Compares,. State of North Carolina I Environmental Quality I Energy,Mineral and Land Resources $12 N.Salisbury Street 1 1612 Mall Service Center I Raleigh.North Carolina 27699-1612 919 707 9200 5out6cm environmental Group, Inc. 33 13 South Collage KoaO,Suite r,•Wiimington,NC 2a+,2 rhonc,9 10.432.2 J 1 1.We6.www.aev�.us 1 February 2017 FedEx [SEGI Project#: 16-085.01] Ms. Judy Wehner Division of Energy, Mineral & Land Resources Mining Program 512 North Salisbury Street—Archdale Building 5"' Floor Raleigh,NC 27604 Re: Herring Mine—Permit Modification 823 Robert Raurk Drive,Southport,Brunswick County, North Carolina Mining Permit No. 10-89 Dear Judy: Southern Environmental Group, Inc. (SEGi), on behalf of Mr. Davis C. Herring, Jr., (herein referred to as the "Permittee") is submitting the enclosed NC Division of Energy, Minerals and Land Resources' (DEMLR) Mining Permit Application and revised Mining Plan (see Attachment 1), for the purpose of modifying Mining Permit No. 10-89. The need for the modification is to include a 1.02-acre stockpile area, within the already permitted area. The stockpile area will be located in an area currently dedicated to processingthaul roads; therefore neither the affected nor the permitted area will increase. Based on the issuance of the original mining permit and the fact that no changes in the mining operations are proposed with this request for modification, the Permittee feels the project will not invoke any of the 7 denial criteria listed under G.S. 74-51 of the Mining Act of 1971, which would be discussed during the review Process. According G.S. 74-51, a $750.00 filing fee is required to process a modification request, for a project with 26-acres or less of permitted area. Therefore, a check, in that amount, has been included with this submittal (see Attachment 2). It is SEGi's and the Permittee's sincere hope, that the information found within the application and mining plan will allow the DEMLR to process the request and the permit will be renewed. However, if you find you need additional information, please do not hesitate to contact me at 910.228.1841 or email me at dlutheranQse i.us. Sincerely Dana A. Lutheran SEGi Regulatory Specialist Enclosures: Attachment 1 -NC DEMLR Mining Application Pages and Mining Plan Attachment 2—$750.00 Filing Fee I Herring Mine(#10-89)- DEMLR Mining Permit Modification (2/1117) S�G� Attachment l NC DEMLR Mining Permit Application Pages and Revised Mining Plan Attachment 1 (2/1/17) APPLICATION FOR A MINING PERMIT—Herring Mine 10-89 Modification NORTH CAROLINA MINING PERMIT APPLICATION RECEIVED FEB o 3 Z017 LAND QUALITY MINING PROGRAM State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 Revised: February 24,2012 Attachment 1 (11/28/16) APPLICATION FOR A MINING PERMIT—Herring Mine 10-89 Modification NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Herring Mine County Brunswick River Basin Lower Cane Fear Latitude(decimal degrees to four places) N 33.9397 Longitude(decimal degrees to four place`s)- W 79.0793 " 2. Name of Applicant* Davis C. Herring 3. Permanent address For receipt of official mail** 823 Robert Ruark Drive Southport,_NC 28461 Telephone (910) 443-4480 Alternate No._(--__ } NA b4. Mine Office Address 823 a ob0 E uefk- Dr+ ye-, - ,,:�D A)g2 o rL I V ` . Telephone 9/U �5. Mine Manager_,_ We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. «**Si gnat ure�4 La-a" C 9J 4.vi.,...,. Date <-- _�.., IL .Z OI -7 C==> Print Name _rAfy&S , Ur => Title �. * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security)that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company,officer required. G.S.74-51 provides that the Department shall grantor deny an application fora permit within 60 days;of receipt of 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. Attachment 1 (211117) APPLICATION FOR A MINING PERMIT—Herring Mine 10-89 Modification NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding,detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is ]eased? Acres owned: Acres leased: Property owner if leased: ❑ If this is an application for RENEWAL of mining permit, indicate the mining permit number and the total (overall)acreage covered by the existing permit: Mining Permit No.: 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.: 10-89 Total permitted acreage: 25.49 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): 25.49 Does the modification involve acreage outside the previously approved permitted boundary? Yes ❑ No Z. 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). Ofthis 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 mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand 3. Mining method: ❑ Hydraulic Dredge ® Front-end Loader& Truck ❑ Shovel & Truck ❑ Dragline& Truck ❑ Self-loading Scraper Attachment 1 (2/l/17) APPLICATION FOR A MINING PERMIT—Herring Mine 10-89 Modification Other(explain): 4. a. Expected maximum depth of mine (feet) 30' Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Natural Ground Level b. Expected average depth of mine (feet) 30' 5. Has any area(s)at this site been mined in the past? Yes ® No ❑ If yes, when and by whom was this activity conducted? Tripp_Construction 6. Number of years for which the permit is requested (10 years maximum): 10 Years B. MAPS 1. Clearly mark and label the location of your mining operation on six(6)copies of 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"' Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (9I9) 733-2423 htt :// ortaI.ncdenr.or web/Ir/ eolo ical home County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation—Geographic Information Systems(GIS) Mailina Address: Physical Address: NCDOT GIS Unit NCDOT GIS Unit 1587 Mail Service Center 3401 Carl Sandburg Court Raleigh, North Carolina 27699-1587 Raleigh, North Carolina 27610 (919)212-6000 http://www.ncdot.org/it/gis/ 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate)acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights-of-way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants(processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. Attachment 1 (2/1/17) APPLICATION FOR A MINING PERMIT—Herring Mine 10-89 Modification 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 ofowners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary; ifan adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,names ofowners 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. p. Names ofowners 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 uti lity or other public right-of-way.if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway"means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map 9. 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 I inch =200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) Attachment 1 (2/1/17) APPLICATION FOR A MINING PERMIT—Herring Mine 10-89 Modification 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 pen-nit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds 0.00 Stockpiles 1.02* Wastepiles 0.00 Processing Area/Haul Roads 0.87 Mine Excavation 18.88 Other(Explain) (Unexcavated Buffer) 4.72 Total Disturbed Acreage 25.49 *New with this application 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. 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: Signature' ' Signature:* - Print Name d U fs (` {e.Rg I Itl(, �r�rint Name: t / (Title, if applicable) Company �i2 1F /n I/. ��f ��rJ Title: t -Q!.,- (If applicaRie92 3 - Address: 701„3_9 Company: ,f-fl4l� /�/I?/r✓ S70 u-)/ 'V l.. ^7 V61 Mine Name: - lV 11 Telephone: { 91DJ ��y _ Telephone: (91 O ) 3 y y.,�U Date Signed: . /� �V w ;.`ZO1 Date Signed: 9 nJ 12 Z O/,.., _ .. *Signature must be the same as the individual who signed Page I of this application. One on inal and five 5 co ies of the comipleted application,six 6 copies of all location ma s mine ma s and reclamation mans.and the appronriate proceming.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 Qualill Section Central Office at the address listed on the front cover of this application form. inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 707-9220. €71,f,' �.}�' rr,..""'r a ?;# �' -' � .'.>'. 9 t S -ix 7 7� a 6� �x'i � f- �•` i� bY ��${� v�yr� c � - w • W w ' w w w w w w W W W w W w _ '�,...' tl � 5 F •L N I. �' �`�' �' ' � - . ADJACENT PROPERI`IES w q w w w �r ;OWNER �I j' w w . w w ♦ . ., a• w .� w w w ' P�.l V � � O YY NFR - - w w w w w w w W '.r ,o- w + + w - w w W w 'w w r w w w + a - w w - . - � w w W w W w W - 1 208605083233 Town o Long Beach y w .w w w w w W w . .W. w w w w w w w W w :. '�, v w w W a• w +' W W W W V - 4. -. W 2 207608995162 Swanson Sheila A & Martin B Heller w NOTE: MINIMUM 54 FT UNDISTURBED 3 207608992120 Skehan David G w y w3� '` ,s5 BUFFER BETWEEN WETLANDS �� 5 . y r 4 207608995170 Pierce Joseph W E� AND MINE PERMIT BOUNDARY 1 �j 5 207608890170 Wagoner Robert C Et Glad F 6 207608898170 Ti as Lourente B Et Janet I 7 1207608897170 Ti as Lourente B Et Janet Jr .8 Macatol 207608896170 Forturiato R Trustee •- --" {�, �� rr ' � x , j 9 207608895170 Macatol Fariunato R Trustee ; 10 207608894170 Macatol Fortunato R Trustee - t1°" f 11 207608893170 Macatol Fortunato R Trustee ''' IS{ l; EXISTING ��b, 12 20760889332Q Walsh William K >f t° s ¢ -.('� -'i'e x �.}"t., I1 •.'f 1 r _ ^.aP.�'?� f ; 13 207608893431 Ta for Walter J Trustees ` �, I CENTER.LINE OF t9' HIGH BERM 26 : ; 14 207608893531 Larsen David J&Deborah C Trustees 15 207608893549 Belvin James Etux Bertie (SEE DETAIL) 7 d 'I S L 68t Nand 3 16 207608893740S erville Eric Summerville A Et R a os nn •� 17 207608892889 St James Paerty Owners Assoc In ,! C 1$ 1 207608893908 1 Morschauser Richard A Et Helen J 23 i 2 19 207720803007 Cambria Thomas Etux Linda 20 207720803116 Kennel Michael S Etux Jennifer J 2z 25'UNEXCAVATED COnstructian Entrance Pad 21 207720803226 Smith Calvin E Etux Kathleen Truste BUFFER. MINE EXCAVATION AREA 1{I ; I SECONDARY PUMP LOCATION ! I 22 207720803325 Gary Robert R Etux Carla H 21 8.8$ ACRES DESIGN AGGREGATE SIZE-USE 2-3 INCH WASHED STONE. 23 207720803437 Miller David D Etux Kay S ! w / CRITERIA: 24 207720814058 St James Plantation Pro a Owners ~ T $E -- �+ + W W / �( DIMENSIONS OF GRAVEL PAD-- 25 207720915339 Clubs at St James Plantation LLC 20 ++++'+'+++r+++ THICKNESS: 6 INCHES MINIMUM I fi p;++, + +'++**.'++«++++'+ 1 I �/ / WIDTH: 12-FT MINIMUM OR FULL WIDTH AT ALL POINTS OF THE 26 248717016004 Hartman C E ~— VEHICULAR 27 2Q871?100756 Hartman C E 19 MONITORING PHASE Ill + + + + + + + + + + + + r� - 28 - + + r + + + + + + + + + ENTRANCE AND EXIT AREA,WHICHEVER 15 GREATER 28 208717103033 S enter Jane h — WELLS + + + + + + + + + + + �. NON DISTURBED / LENGTH: so E� MINIMUM 29 208605197546 Cam anello Josann A ~ ~ DEPTH 2S` PHASE I I t+++++w'EXISTING LAKE.+++++++t //, AREA ' 30 20$605192197 Ezzeddine Hassan � I � - +++�{ +' + ' + + + + + r + +�r++++' � LOCATION-LOCATE CONSTRUCTION ENTRANCES AND EXITS TO LIMIT 18 + + + + + + + + + + + �, /" SEDIMENT FROM LEAVING THE SITE AND TO PROVIDE FOR MAXIMUM UTILITY I + + + + + + 3 + + + + + � �� ' // CONSTRUCTION + + + t + + + + + W w BY ALL CONSTRUCTION VEHICLES (FIGURE 6.06A) .AVOID STEEP GRADES 31 208609065421 Brunswick Co Airport Commission �4+++++*++«*++ ++,+++++++�f t. /� + w w + // ENTRANCE PAD + AND ENTRANCES AT CURVES IN PUBLIC ROADS. 1? SHALLOW MONITORING w / ELLS w w w + w W /� // �/� / -- L p �r NOTE: NO STRUCTURES ON f BERM LOCKED : ® W w / r LOCKED ~- -- 16 An w r ,. / r __ _F-f a THE FOLLOWING ; �/ , �� GATE l . VILLANOVA LOOP ROAD �' � Izz 25 ACCESS ROAD / PROPERTIES: _. (�: / - 1 �n I 1 300' L X 25' W TO AIRPORT ROAD 1 / PHASE I `� 'I _ C-� 2 L,4,5,6,T,8,9,10,11,14,1fi, I� . ' STOCKPILE (EXISTING GRAVE ROAD) � o 1 T;19,20,21,23,24,25,26, 15 2 PIT WILL UTILIZE SMALL 44 , 223 SF (1 . 02 AC). i 27,28,29,30,31 — - - 7 - - PUMP IF NECESSARY l l PUMP LOCATION l7 - - --� T 6 ml� TO RECHARGE WETLANDS / 2.3'(04 tiR- IF NECESSARY PUMP DISCI�IARGE PIPE co8rse�ggregale �c E / W w , W w CONSTRUCTION. 1.CLEAR THE ENTRANCE AND EXIT AREA OF ALL VEGETATION,ROOTS,AND 't3 fiEWATERING w + w SPECIFIrN IONS OTHER OBJECTiCNABLE MATERIAL AND PROPERLY GRADE IT. SEE DETAILS / /v. '•` r �- , � - 2. PLACE THE GRAVEL TO THE SPECIFIC GRADE AIVO DIMENSIONS SHOWN ON ILA C14w / THE PLANS,AND SMOOTH IT. � 3 12 : � w w W w W w / / ///1/w w W w / // O . PROVIDE DRAINAGE TO CARRY WATER TO A SEDIMENT TRAP OR OTHER ]--'•`' /f suirABtE OUTLET, w / w W w V W W w _ _ .. I NON-DISTURBED / 4. USE GEOTESTILE FABRICS BECAUSE THEY IMPROVE STABILITY OF THE 4 a ® O q 2 / AREA j, FOUNDATION IN LOCATIONS SUBJECT TO SEEPAGE OR HIGH WATER TABLE. AI DANCE: ,M NTE MAINTAIN THE GRAVEL PAD IN A CONDITION TO PREVENT MUD OR SEDIMENT I/ FROM LEAVING THE CONSTRUCTION SITE.THIS MAY REQUIRE PERIODIC TOP DRESSING WITH 2-INCH STONE.AFTER EACH RAINFALL,INSPECT ANY STRUCTURE USED TO TRAP SEDIMENT AND CLEAN WASHED,OR TRACKED ONTO PUBLIC ROADWAYS. CATEGORY AFFECTED ACREAGE (Acres) MO. LAND w w w w Tailings/Sediment Ponds 0.00 T,O. WATE �, w w w Stockpiles 1.02 __ _ .. . _ _ --— — -- _———_. _. —-- _- Wastepiles OAO 2:H TO IN SLOPE FROM w I � Processing Area/Haul Roads 0.87 WATER LINE TO A 3:H TO 1:V SLOPE TO PIT ;,, 2H:1V Mine Excavation 18,88 BOTTOM OF PIT (TYP.) WATER LINE (TYP.) BOTTOM Other (Explain) (Unexcavated Buffer) 4.72 I 31 Total Disturbed Acreage 25.49 BERMS BETWEEN PHASES PIT CROSS-SECTION "B-B" NOT TO SCALE Total Permitted Area 25.49 NOT TO SCALE � LEGEND . .� o: o- PROPERTY BOUNDARY : SPILLWAY SECTION o PERMIT BOUNDARY .., ---..., . EXISTING DITCH EXISTING LAKE ;` '0 L.L - WEIR OUTLET CROSS SECTION FOR + + + + + + + EXISTING LAKE. DEWATERINO BASIN + + + + + J4It � t0' . WETLANDS - 0'_ _ _ UNDISTURBED BUFFER NON-DISTURBED AREA - NOT COVERED UNDER ESCP 5+ BERM CLASS B VELOCITY CHECK 10'NVlIN (EXISTING) _____ _- ___ T TOP RIP RAP DAM � ri DAVIS C HE G BUFFER 2H:1 V .2H:1 V EXISTING APPLICATION FOR NEW MINING PERMIT - HERRING MINE DITCH z DISCHARGE PIPE LINE WEIR OUTLET 5 PROPERTY FROM PUMP OUT WITH FILTER CLOTH BRUNSWICK COUNTY LINE TEMP SILT FENCE AND CLASS B RIP RAP SHALLOW SWALE TO RIP RAP 401 , DRAWN BY: EESiI,IE SCHhNEIDER CONVEY OFF-SITE RUNOFF VELOCITY CHECK DAM (As pI> oo BY rroYnWI I Lass,PO,crsc) 2H TO I V SLOPE DATE MAP COMPLETED: My 28, 2013 � WILLIAMS CROSS-SECTIONH A-A SCALE. 1„--200 (LYNLESS OTHERWISE NOTED) CROSS - SECTION SEDIMENT/ DEWATERING BASIN Environmental & Geological Services, PLLC NOT TO. SCALE: REVISIONS: P.O. Box 190 Bath NC 278081 (800)240-8550 tE NOT TO SCALE MAY 2013 - AUGUST 28, 2412 -October 5, 2012. December 28; 2012 SHEET: 1 OF I - [ 77 "a ;7 §�„� r�yr+`"'SY'`�'r�ir, -. t ' G.►a.rAf s}' _fir -.ie I 1`�J+! ✓ . ,.,yij�7^&�y�f - 5 M''"` r a9�t."y i � ` e + � i� \ - - r w w w w , - w w w .L w W -_.._.. .._._.. .�..-. - ' ,,.'. a >'r- •, I s 'C ,, r .5 �,0.! 4 a.;' - s a„t- ; ADJACENT PROPERTIE �JI _ ^ai' n4 r "S s s �' '+t • --I - PIN OWNER � '�� //— W W Y + W W. W w W Y w W w w ww w w v W W Y W •v W w L w W - f: L t +Y 5l^`§ q Y�4V �1 . f{ '.�+' --t - f „ 1 208605083233 Town of Long Beach `� ��, f r ,ss , ' ✓✓ w � W' w v w W r W w W W w w w w -W _�" � �• - k Y- Z�f } k � ., w W w NOTE: MINIMUM 50 FT UNDISTURBED 2 207608995162 Swanson Sheila A & Martin B Heller 3 207608992120 Skehan David G w w i BUFFER BETWEEN WETLANDS w r AND MINE PERMIT BOUNDARY fsY k � n ;ron ' ' 4 207608995170 Pierce Jose h W w .fI 5 1207608890170 Wagoner RGladys obert C Et F 24 . 6 1207608898170 Ti as Lourente B Et Janet 7 207608897170 �+ t tti YS) Ti as Lourente B Et Janet 8 1207608896170 Macatol Forhmato R Trustee 9 207608895170 Macatol Fortunato R Trustee 1 10 207608894170 Macatol Fortunato R Trustee 11 207608893170 Macatol Fortunato R Trustee X12 207608893320 Wa EXISTING ! a i- � M l S 4 Y i �� - 1✓ .s f r F 13 207608893431 Ta for Walter J Trustee kl CENTER LINE OF 14 207608893531 Larsen David J&Deborah C Trustees ±9' HIGH BERM 15 207608893549 Belvin James Etux Bertie (SEE DETAIL) J 16 207608893740 Summerville Eric A Et Rosann 17 207608892889 St James PropLq Owners Assoc Inc 18 207608893908 Morschauser Richard A Et Helen J t ' 19 207720803007 Cambria Thomas Etux Linda �- 20 207720803116 Kenzel Michael S Etux Jennifer I ` #_`J � 25' UNEXCA�1`ATED Construction Entrance Pad 21 207720803226 Smith Calvin E Etux Kathleen Tmste §�I BUFFER . MINE EXCAVATION AREA SECONDARY PUMP LOCATION ti, �� / 22 207720803325 Garr Robert R Etux Carla H 21 18.88 ACRES I, y DESIGN AGGREGATE SIZE-USE 2-3 INCH WASHED STONE, 23 207720803437 Miller David D Etux Kay S + +� w .w / ' CRITERIA. 24 207720814058 St James Plantation Property Owners BERM -- + +� w + i ~ DIMENSIONS OF GRAVEL PAD-- 25 207720915339 Clubs at St James Plantation LLC 20 �++t t+++*r+'+'t++*: I' / j!/ THICKNESS. s INCHES MINIMUM �� + + + + + + t + *� i/ w ,• w ` WIDTH: 12-FT MINIMUM OR FULL WIDTH AT ALL POINTS OF THE 26 208717016004 Hartman C E _ ``� -- E `� + + + + + + + + f t ` v1=Hlcul_AR + t + + + + + t + + + + r PHASE III + + + + + + L + + + + + 27 208717100756 Hartman C E 1 MONITORING /� / /// / 28 ENTRANCE AND EXIT AREA,WHICHEVER IS GREATER + r + + + r + + + + + r r t� ' / + + + + + + + r t'+ + + ++ , NON-DISTURBED LENGTH: 50-FT MINIMUM 28 208717103033 Spencer Jose h WELLS �'+++t+'EXISTING LAKE+ +++++++t�' /�' 29 208605197546 Cam anello Josann A DEPTH 25 PHASE 11 �� AREA * + LOCATION-LOCATE CONSTRUCTION ENTRANCES AND EXITS TO LIMIT 30 208605192197 Ezzeddine Hassan — (��{/��r//r{//J/ri�j� I I + + + + + + t + + + + �' JJ/� ti ' / CONSTRUCTION / J SEDIMENT FROM LEAVING THE SITE AND TO PROVIDE FOR MAXIMUM UTILITY • F+ +++t+t+ F i•++ + +t+ .+ ++t+*+ �I /�. , / - 31 208609065421 Brunswick Co A ort Commission 1 + + + + +++++ +t+ + + / /// Y w W y I ) BY ALL CONSTRUCTION VEHICLES (FIGURE 6.06/ .AVOID STEEP GRADES 17 + + + + + + + + + + + ��� /W w ENTRANCE PAD I AND ENTRANCES AT CURVES IN PUBLIC ROADS. HALLO + + r + + + + + + + ' / , MONITORING * Www ++ ++*+*+++t++t;+/ �'� _ �- Ick it ELLS Q NOTE: NO STRUCTURES ON / � ® w w W i � .� � i LOCKED --• �` -- --.�a� � --- — � THE FOLLOWING '� 16 BERM V � // ! , �/ lw OWING Q t w GATE I �, 2S ACCESS ROAD �/ �/ VILLANOVA LOOP ROAD O Qa 50 m PROPERTIES: PHASE t �� --_t_. _ _� ! �� 1--- 1,300 L X 25' W TO AIRPORT RO:.�D (EXISTING GRAVEL ROAD) r . s�ocx�z - 17;'i9,20,21,23,24,25,26, 15 / P r 44 , 223 SF (1 . 02 AC). o WILL UTILIZE SMALL 27,28,29,30.3 [ _ PUMP IF NECESSARY = - - ,ry --- - T -7-'111 .� - j ,y .� s"min PUMP LOCATION I 7 �! I TO RECHARGE WETLANDS '/ / / IF NECESSARY w PUMP DISCHARGE PIPE// �' f W w w eoarseaggregaE@ w. ., /1SE'WATERING f ' / y w w w �`, CONSTRUCTION I. GEAR THE ENTRANCE AND EXIT AREA OF ALL VEGETATION,ROOTS,AND 3 SEE DETAILS w L W w w SPECIFICA-11ONS OTHER OBJECTICNABLE MATERIAL AND PROPERLY GRADE IT. 2.PLACE THE GRAVEL TO THE SPECIFIC GRADE AND DIMENSIONS SHOWN ON THE PLANS,AND SMOOTH IT, 12 I +� . _ !-.. .- � w w w W / ' / /y 3. PROVIDE DRAINAGE TO CARRY WATER TO A SEDIMENT TRAP OR OTHER SUITABLE OUTLET. + ♦ w w w � / J �, / 2 ! w /NGN-DISTURBED / 4.USE GEOTESTILE FABRICS BECAUSE THEY IMPROVE STABILITY OF THE (A) ) q) � ® E q , AREA FOUNDATION IN LOCATIONS SUBJECT TO SEEPAGE OR HIGH WATER TABLE. MAINTENANCE: MAINTAIN THE GRAVEL PAD IN A CONDITION TO PREVENT MUD OR SEDIMENT FROM LEAVING THE CONSTRUCTION SITE.THIS MAY REQUIRE PERIODIC TOP DRESSING WITH 2-INCH STONE.AFTER EACH RAINFALL, INSPECT ANY STRUCTURE USED TO TRAP SEDIMENT AND CLEAN WASHED,OR TRACKED w w ` ONTO PUBLIC ROADWAYS. CATEGORY AFFECTED ACREAGE (Acres) T.O. LAND w + y Tailings/Sediment Ponds 0.00 W W w W T`O. WATER LINE_ �- w Stockpiles 1.02 --� --- - --- _- Wastepiles 0.00 2:H TO 1:V SLOPE FROM - ProcessingArea/Haul Roads 0.87 WATER LINE TO 3:H TO 1:V SLOPE TO PIT ;,, 2HAV � � � Mine Excavation 18.88 BOTTOM OF PIT (TYP.) WATER LINE TYP.) BOTTOM e _Other{Explain) (Unexcavated Buffer) 4.72 31 Total Disturbed Acreage 25.49 BERMS BETWEEN PHASES PIT CROSS-SECTION "B-B" NOT TO SCALE1 Total Permitted Area 25.49 NOT TO SCALE 1 LEGEND -- PROPERTY BOUNDARY SPILLWAY SECTION a -0- PERMIT BOUNDARY .-- ........ . �- EXISTING DITCH - - -- - EXISTING LAKE WEIR OUTLET CROSS SECTION FOR + + .+ + t + + � + EXISTING LAKE DEWATERING BASIN + + + + t 10� w w WETLANDS I UNDISTURBED BUFFER I� 20 _ ! NON-DISTURBED AREA - NOT COVERED UNDER ESCP 40, BERM CLASS B VELOCITY CHECK 10' MIN (EXISTING) _ ---- :- - TOP RIP RAP DAM DAVIS C HERRING BIJFF R 2H:IV 2H:1 V T EXISTING APPLICATION FOR NEW MINING PERMIT - HERRING MINE DITCH DISCHARGE PIPE LINE WEIR OUTLET 5 PROPERTY FROM PUMP OUT WITH FILTER CLOTH BRUNSWICK COUNTY LINE TEMP SILT FENCE AND CLASS B RIP RAP SHALLOW SWALE TO RIP RAP 40' DRAWN BY: LESLIE SCHNEYDER VELOCITY CHECK DAM (As DIRECTED B'Y F. LO D WILLIAMS,PG,CPESC) CONVEY OFF-SITE RUNOFF TT A ,t 2H TO 1V SLOPE DATE MAP COMPLETED: DULY 28, 2013 WILLIAMS CROSS-SECTION A-A SCALE: I"=200' (UNLESS OTHERWISE NOTED) CROSS - SECTION SEDIMENT{ DEWATERING BASIN Environmental & Geological Services, PLLC NOT TO SCALD: REVISIONS: NOT TO SCALE MAY 2013 - AUGUST 28, 2012 - October 5, 2012 P.O. Box 190 Bath NC 27808 (804 )240-8550 December 28, 2012 SHEET: 1 OF 1 Boyer, Janet From: Dana A. Lutheran <dlutheran@segi.us> Sent: Wednesday, April 19, 2017 3:39 PM To: Boyer, Janet Cc: Wehner, Judy;James, Trentt Subject: Re: Herring Mine - Permit# 10-89, Oak Island, NC Thank you, Janet!! Dana Dana A. Lutheran SEGi Regulatory Specialist 5315 South College Road, Suite E Wilmington, NC 28412 Mobile: 910.228.1841 Office: 910.452.2711 email: dlutheran@segi.us From: "Boyer, Janet" <janet.beyer@ncdenr.gov> To: Dana Lutheran <dlutheran@segi.us> Cc: "Wehner, Judy" <judy.wehner@ncdenr.gov>; "James, Trentt" <trentt.james@ncdenr.gov> Sent: Wednesday, April 19, 2017 3:06 PM Subject: RE: Herring Mine - Permit# 10-89, Oak Island, NC Dana, 1 just got back to town. Sorry 1 didn't get to your email before I left. i CQuestldn 1: Is it necessary to include the stockpile as part of the mining permit, if the stockpile is not directly associated with the mining operation? The stockpile should be included on the mining permit and within the permit boundary. This is consistent with the stockpiling of clean concrete at quarry sites. Question 2: If it is necessary, what level of notification, if any, is required to modify the mining permit? Permit modifications that increase acreage require notification of any adjoining landowners {for that section being added} and the county manager. hope this answers your questions. Regards, Janet Janet S. Boyer, PE State Mining Specialist Division of Energy, Mineral and Land Resources Department of Environmental Quality 919-707-9220 office Janet.boyer @ncdenr.gov 512 N. Salisbury Street—Archdale Building 1612 Mail Service Center Raleigh, NC 27699 �'Nothing Compares�, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Dana Lutheran [mailto:dlutheran@segi.us] Sent:: Monday, April 17, 2017 1:28 PM To: Boyer, Janet <janet.boyer@ncdenr.gov> Cc: Wehner, Judy <judy.wehner@ncdenr.gov>; James, Trentt <trentt.james@ncdenr.gov> Subject: RE: Herring Mine - Permit# 10-89, Oak Island, NC Good afternoon, Janet. I hope you had a nice Easter weekend. I understand you are busy, but would you please provide a response to my email (see below), so I can inform the property owner on how to proceed. As always, feel free to call me directly at 910.228.1841, Thank you, Dana 17ana A.Luthcran 2 Southern Environmental Group,Inc. 5515 South College Road,Suite F Wilmington,NC 28+1 2 Office 9 10.k5Z.271 1 MMo6ilc 910.228.18+1 From: Dana Lutheran [mailto:dlutheran(d,)secli.us} Serest: Thursday, April 06,6, 2017 12:29 PM To: 'Janet.Boyer@ncdenr.gov' Cc: 'Wenner, Judy'; 'James, Trentt' Subject: FW: Herring Mine - Permit# 10-89, Oak Island, NC Hello, Janet. I have a unique situation and a question (or two) revolving around it. Judy thought it best I reach out to you, as it is more a policy question. Mining Permit 10-89 covers only the excavation area and haul roads within its "Mining Permit Boundary" (see attached mine plan). Mined dirt and sand are removed from the pit without ever being stockpiled. The property owner allows the mine operator to use part of the property to stockpile concrete. The stockpile area is adjacent to the Mining Permit Boundary and within the same property as the mine. The concrete scraps comes from projects within the area (Oak Island, Southport, etc), where demolition has been undertaken. With that being the case, the material neither meets the definition of"overburden" (i.e. "Overburden" means the earth, rock, and other materials that lie above the natural deposit of minerals § 74-49(10)) nor the definition of"refuse" ("Refuse" means all waste soil, rock, mineral, scrap, tailings, slimes, and other material directly connected with the mining, cleaning, and preparation of substances mined and shall include all waste materials deposited on or in the permit area from other sources (§ 74-49(14)). Therefore, the stockpile does not meet the definition of a "spoil bank" ("Spoil bank" means a deposit of excavated overburden or refuse (§ 74-49(16)). At no time is mined material, such as overburden or refuse, being stored within the stockpile area. Question 1: Is it necessary to include the stockpile as part of the mining permit, if the stockpile is not directly associated with the mining operation? Question 2: If it is necessary, what level of notification, if any, is required to modify the mining permit? Thank you, in advance, for your time. Dana Dana A.i_ut6ran Southern Environmental CjrnuP,Inc. 53 15 South College K—J,Suites E Wilmington,NC 2841 2 Office 91 o.f52.271 1 Mo6ile y 1o.228.1841 ^JY 3 „ ROY COOPER Governor y; MICHAEL S. REGAN Secmary IS Energy,Mineral& TRACY Dp rector Land Resources ENVIRONMENTAL QUALITY March 1 , 2017 Certified Mail Return Receipt Requested 7013 2630 0001 8998 9693 Mr. Davis C. Herring, Jr. 823 Robert Ruark Drive Southport, North Carolina 28461 RE: Herring Mine Mining Permit No. 10-89 Brunswick County Cape Fear River Basin Dear Mr. Herring: We have reviewed the modification request you submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with GS 74-50 and 51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: 1. The addition of the stockpile area is not within the current mining permit boundary. You will have to resubmit your request by providing six copies of the mining permit application, including the notification section of the application, and six copies of the mine map. The application will have to be re-routed to the appropriate agencies as is required by the Mining Act of 1971. Provide proof, such as copies of the signed return receipts from certified mail, that the county manager (and city if appropriate) and any new adjoining landowner have been properly notified. 2. Provide erosion and sediment control for the new stockpile area. - Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note this office may request additional information, not included in this letter, as the mining application review progresses. Stale Of NOilh Carolina I Environmental Quality I Energy,Mineral and Land Resources 512 N.Salisbury St3vet 11612 Mall Service Center I Raleigh,North Carolina 27699.1512 =)19 707 9200 Certified Mail Mr. Herring Page Two In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 58.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline cannot be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. S' cerely, J dith A. Wehner Assistant State Mining Specialist Enclosures cc: Mr. Dan Sams, PE �"u' s' - ,. 3t �s . - - ` e^.a - a y • µ� �`� Y s ��.e- ;`' 3 , nuau DI 3� � k �qt � ` '` L }•srE Sw irs a 4 ¢t{ r ° 3, G i - -. - - Q _ �''• ,r"�tT �r , r� T F� yr. ' � - _ - r• W w' T__ x��w.. ADJACENT PROPERTIES . - _ \ - w w i W W w. W ♦ W .✓ w w .Y W r. r .v i v r• r• L ♦ w v v W W W u- PIN {/fie - ` W W r- y .y + P w •. W W W w W W v i W v + W W W + w w W r W u y W W W W W W 5 K r +it/-Y.:v 4 !iy A¢{ P++ OWNER \\ w W W W w W W J w w + .k w W w W W W W ti W n�'q'( W. W W W W w W W Y W �V' _} 6A:. �4 �< Y - I • W _ ':. £47 ink +4 fry` '' f N 4Jr Y•2F . :. 1 208605083233 Town of Long Beach w W W W + a• v W'w-w W + W W W W W w w � W - - - „ ^ ..�e spa �! ¢o}t�Io '��-•!� � - + W w 2 207608995162 Swanson Sheila A &Martin B Heller NOTE: MINIMUM 50 FT UNDISTURBED i W BUFFER BETWEEN WETLANDS 3 207608992120 Skehan David G 4 207608995170 Pierce Joseph W AND MINE PERMIT BOUNDARY 1R. sJ.l"n 5 207608890170 Wagoner Robert C Et Gladys F 6 207608898170 Ti gas Lourente B Et Janet 7 207608897170 Ti as Lourente B Et Janet 8 207608896170 Macatol Fortunato R Trustee 9 207608895170 Macatol Fortunato R Trusteed 1, q- ��t 10 207608894170 Macatol Fortunato R Trustee :: 11 207608893170 Macatol Fortunato R Trustee ' ,.-C ' ?t _y s 1'P „b`i<r �y - I i ---_'I } _ x ,.td` •�12 207608893320 Walsh William K EXISTINGk � i �,a. z 4 a s I 1p gw11 Y 1 , 13 207608893431 Taylor Walter J Trustee ;I CENTER LINE OF ; t U 14 207608$93531 Larsen David J& Deborah C Trustees t9' HIGH BERM 2fi 3? 15 207608893549 Belvin James Etux Bertie (SEE DETAIL) 16 207608893740 Summerville Eric A Et Rosann 17 207608892889 St James Pro a Owners Assoc Inc 23 i 18 207608893908 Morschauser Richard A Et Helen J ? f 19 207720803007 Cambria Thomas Etux Linda -� 20 207720803116 Kenzel Michael S Etux Jennifer 25' UNEXCAVATEI) v Construction Entrance Pad 21 207720803226 Smith Calvin E Etux Kathleen Truste -� BUFFER . MINE EXCAVATION AREA % l _ 22 207720803325 Garr Robert R Etux Curia H � I'I � 18.88 ACRES SECONDARY PUMP LOCATION Z1 1� DESIGN AGGREGATE SIZE-USE 2-3 INCH WASHED STONE, 23 207720803437 Miller David D Etux Ka S `` O ! /' /w /�,1 l CRITERIA; 24 207720814058 St James Plantation Pro a Owners `� ' f+� w W ' l / DIMENSIONS OF GRAVEL PAD 25 207720915339 Clubs at St James Planation LLC 20 BERM ,� +*+++}+' +'++++ / / THICKNESS: s INCHES MINIMUM I r+"..++t+`+'+t t++++++++'+ 1 �/ W / WIDTH: 12-FT MINIMUM OR FULL WIDTH AT ALL POINTS OF THE 26 208717016004 Hartman C E .� + + + + t + + + + .t t + , j VEHICULAR PHASE III + + + + .� + + ,: + + + + + ` ! / i�i 27 208717100756 Hartman C E 19 MONITORING 28 ENTRANCE AND EXIT AREA,WHICHEVER IS GREATER . _ +++t+y + + +. + ' + ' ++++r++t++ l NON-DISTURBED TUBBED - LENGTH: 50-FT MINIMUM . 28 208717103033 Spencer Jose h — WELLS + + + + .. + 1 �'� ' S 29 208605197546 Cam anello Josann A ~ ` DEPTH 25' PHASE II [ + EXISTING LAKE+ + t i �/. AREA + LOCATION-LOCATE CONSTRUCTION ENTRANCES AND EXITS TO LIMIT 30 208605192197 Ezzeddine Hassan �8 r t + + + + + + + + + + + +/ i O I , l ++++++++ ++ ++t++++*++ t++�++' +J �� � W � � � / CONSTRUCTION / j SEDIMENT FROM LEAVING THE SITE AND TO PROVIDE FOR MAXIMUM UTILITY �� // W + + + + + + + - W / BY ALL CONSTRUCTION VEHICLES (FIGURE B.0&/� .AVOID STEEP GRADES n3l208609065421 Brunswick Co Ai ort Commission + + + + + + + + + + + �. / i i / I ENTRANCE PAD + + + t + t t + + / / /. W f AND ENTRANCES AT CURVES IN PUBLIC ROADS. 17 SHALLOW � .t + + t + + 4 + + � � { - + r. S + + + + + t Y+ r +� - i MONITORING 4i+�+ +r�++ f+/ i J/f f �� i // , - ------- �. I }/�.y�t NOTE: NO STRUCTURES ON L O 16 �w BERM f ! LOCKED r THE FOLLOWING t / f r 1 GATE i . N11LLAN0VA LOOP ROAD PROPERTIES: �� ��25 ACCESS ROAD 1,300' L X 25' W TO AIRPORT RO.!�D O ' � PHASE I EXISTING GRAVEL ROAD '1,4,5,fi,7,8,9,10,'11,'14,16, I sTocxpTz - ,.J 28 ( ) ' '17,19,20,21,23,24,25,2fi, '{5 � 2 PIT �. - WILL UTILIZE. SMALL -.••: .� 44, 2z3 SF (1 . az AC). _ _-� � � � min 27,28,29,30,31 PUMP IF NECESSARY yam__ 7.__._- PUrMP LOCATION 1 - 7 - T �' �7 TO RECHARGE WETLANDS �� �_._ _ _ `;.� �;� l / // l// coarseaggregate ^ c s I IF NECESSARY PUMP DISCHARGE PIPE/ 1�]EWATERING CONSTRUCTION 1.CLEAR THE ENTRANCE AND EXIT AREA OF ALL VEGETATION,ROOTS,AND SPECIFICA--jONS OTHER OBJECTIONABLE MATERIAL AND PROPERLY GRADE IT. r�SEE DETAILS _ `ti 1 ��I �r /•._.. ._ + w W w �; / 2. PLACE THE GRAVEL TO THE SPECIFIC GRADE AND DIMENSIONS SHOWN ON / / W W / THE PLANS,AND SMOOTH IT. N / y � ,�� w W D 2 .. W / / / ' 3. PROVIDE DRAINAGE TO CARRY WATER TO A SEDIMENT TRAP OR OTHER � .y w W W W W V y _ ///w W W W A SUITABLE OUTLET. . j I I 2 -DISTURBEDNON _ / 4.USE GEOTESTILE FABRICS BECAUSE THEY IMPROVE STABILITY OF THE @ ® / / AREA / /� FOUNDATION IN LOCATIONS SUBJECT TO SEEPAGE OR HIGH WATER TABLE. A TE ANC : O / / MIN N s~ MAINTAIN THE GRAVEL PAD IN A CONDITION TO PREVENT MUD OR SEDIMENT FROM LEAVING THE CONSTRUCTION SITE.THIS MAY REQUIRE PERIODIC TOP DRESSING WITH 2-INCH STONE.AFTER EACH RAINFALL,INSPECT ANY STRUCTURE USED TO TRAP SEDIMENT AND CLEAN WASHED,OR TRACKED / ONTO PUBLIC ROADWAYS. CATEGORY AFFECTED ACREAGE (Acres) T.O. LAND W y Tailings/Sediment Ponds 0.00 T.O. WATER LINE w W W - W —_ � _ _ _ , Stockpiles 1.02 Wastepiles 0.00 2:H TO 1:V SLOPE FROM w ProcessingArea/Haul Roads 0.87 WATERLINE TO 3:H TO :V SLOPE TO PIT 'v� 2H:1V Mine Ex avation 18.88 BOTTOM OF PIT (TYP) WATER LINES (TYP.) BOTTOM Other (Explain) (Unexcavated Buffer) 4.72 BERMS BETWEEN PHASES I 31 Total Disturbed Acreage 25.49 PIT CROSS-SECTION "B-8" NOT TO SCALE Total Permitted Area 25.49 NOT TO SCALE LEGEND, . .� a. a. . PROPERTY BOUNDARYMt SPILLWAY SECTION o �' -� PERMIT BOUNDARY EXISTING DITCH _ EXISTING LAKE s , WEIR OUTLET CROSS SECTION FOR + + + + t a, + EXISTING LAKE. 10 DEWATERING BASIN W + +; WETLANDS LfNDISTURBED BUFFER - 20' _ COVERED NON-DISTURBED AREA - NOT CO UNDER ESCP BERM - CLASS B 0 VELOCITY CHECK 10' MIN (EXISTING) _- -__ —__ _ TOP RIP RAP []AM `� DAVIS :C HERRING R 2H:1 V 2H:1 V EXISTING APPLICATION FOR NEW MINING PERMIT - HERRING MINE DITCH DISCHARGE PIPE LINE WEIR OUTLET 5 PROPERTY FROM PUMP OUT WITH FILTER CLOTH BRUNSWICK COUNTY LINE TEMP SILT FENCE AND CLASS B RIP RAP SHALLOW SWALE TO RIP RAP 0� < , DRAWN BY: LESL,IE SCHNETDER VELOCITY CHECK DAM (As DIRECTED BY FLOYD WILLUMS,Po,CPEse� . CONVEY OFF-SITE RUNOFF DATE MAP COMPLETED: DULY 28, 2013 WILLIAMS TT T T �r 2H TO �V SLOPE VV ILLIAMS . .CROSS-SECTION "A-A" SCALE: 1"=200' (UNLESS OTHERWTSENOTED) CROSS SECTION SEDIMENTI DEWATERING BASIN Environmental & Geological Services, PLLC NOT TO SCALE REVISIONS: tE NOT TO SCALE MAY 2013 - AUGUST 28, 2012 - October 5, 2012 P.O. Box 19Q � Bath NC 27808 � (804 )24D-$550 December 28, 2012 SHEET: 1 OF 1 f ROY COOPER Gnrernor MICHAEL S. REGAN Secrelary _ S.JAY ZIMMERMAN Direc•unr Water Resources LNVIRONMENTAL QUALITY February 24, 2017 MEMORANDUMRECEIVED TO: Ms. Judy Wehner • FEB 2 4 2017 Land Quality Section LAND QUALITY MINING PROGRAM FROM: Gabrielle Chianese Ground Water Management Branch Division of Water Resources SUBJECT: Comments on the Mining Permit Modification Request for: Davis C. Herring Herring Mine Brunswick County Please find attached a copy of the mining permit modification request for the above referenced project. There is not enough information provided in the application for the Herring mine located in Brunswick County to know if they will have an unduly adverse effect on ground water supplies. Dewatering is proposed on site, however, the amount to be dewatered was not included in the application and they have not registered any water withdrawals with the Division of Water Resources. If the mine pumps 100,000 gallons of water or more per day, they will need to re ister their water withdrawals with the Division of Water Resources on an annual basis. The registration form may be obtained from the following link: http://www.ncwater.org/Permits—and_Registration/Water Withdrawal_and_Transfer Registration. Facilities are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-21 S.22H. This statute requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register and update withdrawals. This statue also requires transfers of 100,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water transfers. Water withdrawal registrants must complete the annual water use reporting form by Aril 1 for the previous year. If you have further questions regarding the water withdrawal registration please contact John Barr with the Division of Water Resources at(919) 707-9021 or email him at john.barr@nedenr.gov. State of North Camlina I EnVimnmental Quality I Water Resources 1611;Nail smite Center J Raleigh,North Carolina 27699-161 l 919 707 9000 ROY COOPER Gotdrior MICHAEL S. REGAN Kt-r.- Secretary Energy,Mineral& TRACY DAVIS Director Land Resources ENVIRONMENTAL QUALITY February 7, 2017 MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Watery Resources FROM: Brenda M. Harris KA Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for Davis C. Herring Herring Mine Brunswick County ® Mine Dewatering Proposed D 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 potable water supplies (GS 74-51 (2). Please respond by February 24, 2017 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review, any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibmh Attachments cc: Mr. Dan Sams Nothing Compares--, State of North Carolina I Environmental Quality I Energy,Mineral and Land Resources FEB 8 10l! 512 N.Salisbury Street 1 102 Mail service Center I Raleigh,North Carolina 27699-1612 9197079200 Wehner, Judy From: James, Trentt Sent: Thursday, February 23, 2017 11:25 AM To: Wehner, Judy Subject: Herring Mine - 10-89 Attachments: D00O22317-02232017121002.pdf Judy, The only issue I have with the modification is that it appears on the map that the stockpile is outside the permit boundary but within the property boundary but in the cover letter it says the stockpile is within the permit boundary. This needs to be clarified. I attached DWR and DAQ reviews Let me know if you need anything else. Thanks Trentt James Environmental Senior Specialist Land Quality Section Division of Energy, Mineral, & Land Resources Department of Environmental Quality 910.796.7305 office trentt.james@ncdenr.gov 127 Cardinal Dr. Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message----- From: NCDEQ-Wilmington Regional Office Scanner ANNEX [mailto:DoNotReply@ncdenr.gov] Sent: Thursday, February 23, 2017 12:10 PM To:James,Trentt<trentt.james@ncdenr.gov> Subject: Send data from Annex 02/23/201712:10 Scanned from Annex Date:02/23/2017 12:10 Pages:3 Resolution:200x200 DPI I--------------------------------------- HAVE A GREAT DAY!!! 1 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 Print this form to PDF Ratum PDF of this form to DEMLR CO by email,cc DEMLR RO,DWR SPU. Send a copy to the parmillee. MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF WATER RESOURCES THIS SECTION TO BE FILLED OUT BY DEMLR: Project Name: Herring Mine DEMLR Permit# 10-89 County: Brunswick Applicant's Email Dana A. Lutheran (dlutheran@segi.us) PERMIT ACTION TYPE: Renewal YES NO Date Commencing i—c rr Have land disturbing activities started? Date? r r r 2013 Latitude: 33.9397 Longitude: -78.0793 Please return comments to (at DEMLR CO): Judy Wehner Comments due b : 2/23/2017 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments; Watershed/Stream Name & Classification: ��Gt�.(�.� a�>�t/U/ C&,e/ SC S,-, h(QW y DWR Compliance Status of Mine: Un Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in BIMS? YES NO 407,41fetiandiCert requlred;7, '3a [ 4 rrlr r ;i s.•r?,..• •.,.r�r: -'. °t� 7; '�"'r...�r`�..�T_ �Y, �t ... _. rC•.. ti .._ ,;,.<-.,:ti .. 401 Wetland Cert. existing? f Permit# DoesADWRIROIhave enaughiinfolrmatloritot a re �^♦wi C i�;;•.., �. t. e�le- a•.-tl 41�Csl dete�rhlfie,ifa401cr�ificaomisre eld?'F r :-:.i v 's,.,C't.y S.,:1.:,a.s. -..ti;!•.. ai„ i.r7• C"X;,,.;� ,i dt.�c".i TA,.Yi YES NO Y ;.4k( I,�x�' nG' s4!"rk• ,•f�`i: v h :'C 1 r. - �L - .,t�ytrs {�� C lC: r"c 1s 53 hi 'A`rbtwetlandardlsturbed�at�thls�site?� w � r c}�Y r , ', _ t � vs Does DWR RO suspect or know of nearby iR (-- wetlands to the site? '�, t� t''`,hyi;'.��� � ,�a,i., Y•� �s 1` ayEF sy� - -i._ r ,l: Ss''` u � ±� r'.,,.7 Sa }wtyI.,� �JIA iNLlTafir.�, �}-.y '9} e3 a. c1 [�.i.'s;y %. 1`��'yY �� rx'r 3•cY; Is a Ian( Ineation required prior to � t;l A�' .�, �j::� n r' � s= �y R� � ,,��� l]WR.z ,'S? ri" ?M4`� f$+iY;#•A1�,iln:, 'r1 iY C!,'..iA sr "W iSr :t A_��VansItallt�S� l u?+!c+�i1 c5 �,F".;'T .L-Jk`.+xdt, NIX Iasing�tFe�permft? �� ;�:_ ,, � :ri t sf , �r..�� -.< , �.Y -.�,Ste. tti / 3� �Y+ �F �'� :Y 32.°r:A' " .lu'�:d "'Ytuy � t'r•E 1yt,lR,1..~.-. .,,� ,5:1�i ,'1. ,��{i•he r r�' site_fr L RAv q^nfnmhPe 9nin Print this form to PDF Raium POF of this form to DEMIA CO by email.cc DEMLR RO,DWR SPU Send a copy to the parmittee, or (offilte?, ikc 4M55 V�,-,,,7 ka"I'v, Stream Determination Needed? F IF 21 Completbld? Does DWR RO need a statement that no wetlandsistreams are disturbed r( ISCr for this project from applicant? u In at I bri,Needed?17;i, r ( Buffer Determination Completed? r f Z" ia New Recycle System permit required?* r f Enough Information to determine? 'r.,T-, tr I ,i? P _v, . T e r f Does this applicant need to contact the regional of Central DWR Office to determine if a State Stormwater Permit Is . needed? r(Unknown. Will wastewaters discharge to HQW waters F( r(7Q10 Permittee with a 7010=0? Flow:- determine. `�j j, 11 Ti � ..",', �HasViola onA q reme AO&M Reqdi' V J, 4 ints 11 4��J, "J� r4 IF All 1, 10 It ll 01PNonii6rh •iiX, .R� Al vyi� ',;,, ,.,I, ' JbEMkRIt61ih61d,4ilh 'It'L . 1'.j". �'d'q`U I f b-� t P-rea''giback, ees or ren END OW I.X P,_, -1";' 6'iJDW Hh�e�jg i .0-,arm 9. r ition h 1 4 DWR4646Ikii)'mbrd1Inf& because p, G, Wdiffiel permit? R 011 656 t�ct!t�&Of ............ Mine must wait to dewater until an O&M plan is Ff approved? DWR RO Surface Water: V Regional Office: gO Date: RO Aquifer Protection Section: Regional Office: _ Date: PAu RAntomhinr 7nin _ _.,r _ -�.• v +a.�.r"/"` ..lei. f ,• .... M -„. .., ... _,-.., ....�,._...k.,.-.!._ ..��r^-_.M.... .... � .-. �. .. - '� ' f MINING CHECKLIST FOR ROUTING Applicant's Name: Dpo� ProjectName. )�}� q — G Applic./Permit No. f County:—&" t Date'�erbivNNe,d: 311 Reviewer: River B 'n Name: ❑ New ❑ Renewal modification{inside permit boundaries) ❑ Modification(outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release ❑ Additional Information ❑ Fee Needed s ❑ Fee Received: Pleay route entire application package to: i I h Of�4 6w0a;attack the"LQ$Regional Offim Mie q Application Revim [list"to one a"andPA6* DWR" Appiiaation Reviem Fw*N to the other eo'FY ansd bark copier to&Region[ Engineer) Date:Routed 2 y 1-2 Rec'd 1 7 F . 'vision of Water Resources Date:Routed Rec'd [ NC Wildlife Resources Commission Date:Routed Reed K ❑ US Fish a Wildlife Service Date:Routed Read (Only new applications and modification requests that add land to the permit) Please route first 3 pages of the application and andlocation maps to ❑ Division of Parks it Recreation Date:Routed Rec'd ❑ NC Geological Survey Section Date.Routed Rec'd ❑ Division of Marine Fisheries Date.Routed Rec'd ❑ Division of Soil&Water Conservation (plus LEA) Date:Routed Rec'd (0*new applications and math fecations requests that add land to f6 permit) � ❑ Division of Archives dr History Date:Routed Rec'd (Only new applicants) ❑ Other: Date:Routed Rec'd Suspense Date for Comments; (no later than zf days from receipt) ❑ Please note the following: GA 416h A G� . Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the pemtittee. MINING PERMIT APPLICATION REVIEW FORM forthe DIVISION OF WATER RESOURCES THIS SECTION TO BE FILLED OUT BY DEMLR: Project Name: Herring Mine DEMLR Permit# 10-89 County: Brunswick Applicant's Email Dana A. Lutheran (dlutheran a@segi.us) PERMIT ACTION TYPE: Renewal YES NO Date Commencin rr Fr Have land disturbing activities started? Date? r{ r r 2013 Latitude: 33.9397 Longitude: -78.0793 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: 2/23/2017 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments: Watershed/Stream Name & Classification: DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in B1MS? YES NO 401:Wetlands Cert:,required? 401 Wetland Cert. existing? I—r Permit# r boes,bWR'RO have enough,information to n r r determine_if_a 401 certification is required? YES NO Are°wetlands dlbturped,at'this site? Does DWR RO suspect or know of nearby wetlands to the site? (LID Is a,wetland delineation,required-prior to r onsultant I—r DWR Issuing,the-permit? F(onsite? _. RAv.RAn1AmhRr?nin Print this form to PDF Return PDF of this form to DEMLR CO by email.cc DEMLR RO, DWR SPU. Send a copy to the permittee. TD-b ff s i t e? Stream Determination Needed? Stream Determination Completed? r{ r Does DWR RO need a statement that no wetlands/streams are disturbed r( F for this project from applicant? Buffer Determinatlon Needed? r c Buffer Determination Completed? F r f{ Recycle system permit existing?* E(�Permit# r New Recycle System permit required?* i Enough information to determine? Nan'-discharge permit existing?* C ermit# Does this applicant need to contact the regional of Central DWR Office to I--- �-- determine if a State Stormwater Permit is needed? (Unknown. Will wastewaters discharge to HQW waters F 7Q10 Permittee with a 7Q10=0? ** Flow: must determine. r Has Violation O&M Requirements I HQW17Q10 Concerns Does DWR requlre DEMF=R to hold the r{ Pay back fees or renew permit.(e.g. so MR can review it further or DWR permit { because,DWR requires,more Information)? Ca Other. Please describe the reason to hold the permit: RO contact: { Hold Until. Mine must wait to dewater until an O&M plan is approved? DWR RO Surface Water: Regional Office: Date: RO Aquifer Protection Section: Regional Office: Date. RAu RAntPmhAr 2nin ROY COOPED Governor MICHAEL S. REGAN secmftry DAVIS Energy,Mineral& TRACYDirector Land R esources ENVIRONMENTAL QUALITY February 7, 2017 MEMORANDUM TO: Ms. Maria Dunn Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris II&Db Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for Davis C. Herring Herring Mine Brunswick County Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by February 24, 2017 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibm h Attachments cc: Mr. Dan Sams Nothing Compares.` State of North Carolina I Environmental Quality I Energy,Mineral and Land Resources 512 N.Salisbury Street 1 1612 Mail Service Center� Raleigh,North Carolina 27699-1612 919 707 9200 ROY COOPER Governor t MICHAEL S. REGAN Secretary Energy,Mineral& TRACY DDlreectlor Land Resources ENVIRONMENTALOUALITV February 7, 2017 MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris �Kv Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for Davis C. Herring Herring Mine Brunswick County ® Mine Dewatering Proposed ❑ No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of-this operation having unduly adverse effect on potable water supplies (GS 74-51 (2). Please respond by February 24, 2017 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review, any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibm h Attachments cc: Mr. Dan Sams -5�-^Nothirfg Compares.` State of North Carolina I Environmental Quality I Energy,Mineral and Land Resources 512 N.Salisbury Street 11612 Mail Service Center I Raleigh,North Carolina 2 76 9 9-1612 919 707 9200 First Bank r. Tr1pp.s-Construction',L.L.0 `, 5lwllotte,NC-2847t) PO Box 126 e8-45e1531 r . Ash,NC.28420 r 910.287 3234 11/22/2016 ; PAY TO THE NC DEQ *"750 00 ORDER OF —Seven Hundred Fifty and.001100*.* DOLLARS' NC DEQ = MEMO AUTHQRmD sIGNATUAE i 5outkern Environmental Group) Inc. J ' 5 515 sautk Co11ese Road,suite r--Wilmington,NC 26+1 2 Phone,$10.+52.2 J 1 1-Web—,b�gi.us I February 2017 FedEx [SEGI Project#: 16-085.01] Ms. Judy Wehner Division of Energy, Mineral & Land Resources Mining Program RECEIVED E D 512 North Salisbury Street—Archdale Building 5'h Floor FEB 01 209 Raleigh,NC 27604 LAND Re: Herring Mine—Permit Modification , MINING PROGRAM 823 Robert Raurk Drive,Southport, Brunswick County,North Carolina Mining Permit No. 10-89 Dear Judy: Southern Environmental Group, Inc. (SEGI), on behalf of Mr. Davis C. Herring, Jr., (herein referred to as the "Permittee") is submitting the enclosed NC Division of Energy, Minerals and Land Resources' (DEMLR) Mining Permit Application and revised Mining Plan (see Attachment 1), for the purpose of modifying Mining Permit No. 10-89. The need for the modification is to include a 1.02-acre stockpile area, within the already permitted area. The stockpile area will be located in an area currently dedicated to processing/haul roads; therefore neither the affected nor the permitted area will increase. Based on the issuance of the original mining permit and the fact that no changes in the mining operations are proposed with this request for modification,the Permittee feels the project will not invoke any of the 7 denial criteria listed under G.S. 74-51 of the Mining Act of 1971, which would be discussed during the review process. According G.S. 74-5 I, a $750.00 filing fee is required to process a modification request, for a project with 26-acres or less of permitted area. Therefore, a check, in that amount, has been included with this submittal (see Attachment 2). It is SEGi's and the Permittee's sincere hope, that the information found within the application and mining plan will allow the DEMLR to process the request and the permit will be renewed. However, if you find you need additional information, please do not hesitate to contact me at 910,228.1841 or email me at dlutheran a,segims. Sincerely T�- Dana A. Lutheran SEGI Regulatory Specialist Enclosures: Attachment I -NC DEMLR Mining Application Pages and Mining Plan (6cofi e's b'p al)) Attachment 2—$750.00 Filing Fee 1 Herring Mine(#10-89)- DEMLR Mining Permit Modification (211117) S�G� Attachment 1 NC DEMLR Mining Permit Application Pages and Revised Mining Plan Attachment 1 (211117) APPLICATION FOR A MINING PERMIT— Herring Mine 10-89 Modification NORTH CAROLINA MINING PERMIT APPLICATION RECEIVED FEB 0 3 2017 LAND QUALITY MINING PROGRAM State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699-1.612 (919) 707-9220 Revised: February 24,2012 Attachment 1 (11/28/16) APPLICATION FOR A MINING PERMIT--Herring Mine 10-89 Modification NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Herring Mine County Brunswick River Basin Lower Cape Fear _ Latitude (decimal degrees to four places) N 33.9397 Longitude (decimal degrees to four places) W 78.0793 2. Name of Applicant* Davis C. Herring 3. Permanent address for receipt of official mail** 823 Robert Ruark Drive Southport, NC 28461 _.. Telephone (910) 443-4480 _Alternate No.-(- ZNA ==*4. Mine Office Address 8023 ob Lka4c r; YL ,,�D uA,Q o rL I Telephone t-9-1 U ) q y3 ,--V L/ 0 ^ �5. Mine Manager V/ e GIZh 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. b***Signature Date /L , aJ ? b Print Name I Title r7b -1- * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (ecuriw 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 shal l grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. 3 � : _ . Attachment 1 (2/1/17) APPLICATION FOR A MINING PERMIT—Herring Mine 10-89 Modification NOTE: All of the following questions must be thoroughly answered regarding your raining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding,detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit(this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: ❑ If this is an application for RENEWAL of 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.: 10-89 Total permitted acreage: 25.49 Does the modification involve acreage within the previously approved permitted boundary? Yes® No F. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): 25.49 Does the modification involve acreage outside the previously approved permitted boundary? Yes ❑ No Z. 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). Ofthis 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 mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand 3. Mining method: ❑ Hydraulic Dredge ® Front-end Loader&Truck ❑ Shovel & Truck ❑ Dragline& Truck ❑ Self-loading Scraper Attachment 1 (2/1/17) APPLICATION FOR A MINING PERMIT—Herring Mine 10-89 Modification Other(explain): 4. a. Expected maximum depth of mine (feet) 30' Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Natural Ground Level b. Expected average depth of mine (feet) 30' 5. Has any area(s) at this site been mined in the past? Yes ® No ❑ If yes, when and by whom was this activity conducted? Tripp Construction_ 6. Number of years for which the permit is requested (10 years maximum): 10 Years B. MAPS 1. Clearly mark and label the location of your mining operation on six(6)copies of 7.5-minute quadrangle and a county highway map. These maps, in addition to six(6)copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5`h Floor Raleigh,North Carolina 27699-1612 Raleigh,North Carolina 27604 (919) 733-2423 http://portal.ncdenr.org/web/Ir/geological_nhome County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation—Geographic Information Systems(GIS) Mailing Address: Physical Address: NCDOT GIS Unit NCDOT GIS Unit 1587 Mail Service Center 3401 Carl Sandburg Court Raleigh, North Carolina 27699-1587 Raleigh, North Carolina 27610 (919) 212-6000 http://www.ncdot.orgfit/gis/ 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding(approximate)acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. A11 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. Attachment l (2/1/17) APPLICATION FOR A MINING PERMIT—Herring Mine 10-89 Modification j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on-site haul roads. I. Location of planned and existing on-site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private,of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the 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. p. Names of owners of record, both public and private,of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway,creek,stream,river,or other watercourse,railroad track,or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway"means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: I. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map 9. 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 I inch =200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) Attachment 1 (2/1/17) APPLICATION FOR A MINING PERMIT—Herring Mine 10-89 Modification A table/chart must be provided on the mine map that clearly lists the approximate acreage of tail ings/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 0.00 Stockpiles 1.02* Wastepiles 0.00 Processing Area/Haul Roads 0.87 Mine Excavation 18.88 Other(Explain)(Unexcavated Buffer) 4.72 Total Disturbed Acreage 25.49 *New with this application 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. 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: Signature; Signature:* Print Name p Uj S r 2�eke I IL,)C I�rint Name: + (� (Title, if applicable) Company M t W � Title: (If applica e),?2 3 Address: 70 tf (Company: //ve SSO Gt--f-1 1 D2 V6/ Mine Name: - W I n Telephone: ( �'/g �k y--3 ���� Telephone: (9l 0 ) 'LJ o Date Signed: �� f Z- �Q/!] Date Signed: '�QIq ►d 12 Z 4 *Signature must be the same as the individual who signed Page 1 of this application. One original and five 5 copies of the com leted ap lication six 6 copies of all location-maps.mine maps and reclamation Maas,and the appropriate processing fee(see next page for fee schedule)in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must he sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 707-9220. September 24, 2013 MEMORANDUM TO: File FROM: Brenda M. Harris, Secretary 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 kTA IN WA NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Pat McCrory, Governor Director September 20, 2013 John E. Skvada, III, Secretary Mr. Davis C. Herring, Jr. 823 Robert Ruark Drive Southport, North Carolina 28461 Re: Herring Mine Brunswick County Cape Fear River Basin Dear Mr. Herring: . 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. 10-89 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 September 20 2023. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage and affected acreage for this site are both 25.49 acres as indicated on the mine map last revised July 28, 2013. Please review the permit and contact Judy Wehner, Assistant State Mining Specialist, at (919) 707-9220 of any objection or questions concerning the terms of the permit. Sincerely, jet S. Boyer, P�# o Mining Specialist Quality Section JSB/jw Enclosures CC' Mr. Dan Sams, PE Ms. Shannon Deaton -WRC, w/permit Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures US Fish and Wildlife Service, w/ permit 1612 Mail Service Center,Raleigh,North Carolina 27699-1612•Telephone 919-707-9220/FAX:919-733-2876 512 North Salisbury Street,Raleigh, North Carolina 27604- Internet:httl)://portal.ncdenr.org/web/lrAand-quality An Equal Opportunity 1 Affirmative Action Employer--50%Recycled 110%Post Consumer Paper DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Davis C. Herring, Jr. Herring Mine Brunswick County - Permit No. 10-89 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: Se tember 20, 2023 I Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition'to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49, ,Expiration Date This permit shall be effective from the date of its issuance until September 20, 2023. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: Page 3 OPERATING CONDITIONS: 1. A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Resources to secure any necessary permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Buffers shall be maintained as indicated on the mine map last revised July 28, 2013. C. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. C. Mining activities shall occur as indicated on the mine map last revised July 28, 2013 and the supplemental information received by the Land Quality Section on September 6, 2012, March 7, 2013, May 28, 2013, and July 26, 2013. i Page 4 5. Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department as follows: A. Observation wells, located as indicated on the mine map last revised July 28, 2013, shall be installed and monitored at least 30 days prior to initiating any excavations at the site to allow for the determination of pre-existing (static) groundwater levels. B. The deep observation wells shall be drilled wells screened at the base depth of the excavation (the ultimate depth of the mine). The shallow observation wells shall be drilled wells screened at the base minimum depth of the four feet. The wells shall be secured against unauthorized entry with a lockable cap. The deep wells shall be secured against unauthorized entry with a lockable cap. The necessary permits or approvals to construct these wells shall be obtained from the N.C. Division of Water Resources. C. The observation wells shall be monitored monthly at the same day and approximate time of day. The static water levels shall be measured with an accuracy of plus or minus 0.1 foot and shall be referenced to a datum point and a record of the water levels maintained. The daily precipitation and the volume of pit water discharged daily shall also be recorded. Copies of these records shall be provided to the Department on or about the end of each month. Static water level monitoring frequency may be increased or decreased as deemed appropriate by the Department. 6. All mine permit and affected area boundaries (25.49 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 7. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of sedimentation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 8. 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. A. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. Page 5 B. Vegetated earthen berms shall be located and constructed as shown on the mine map last revised July 28, 2013. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. 9. A. Sufficient buffer shall be maintained between,any excavation and any mining permit boundary to protect adjacent property. B. Buffers shall be maintained as indicated on the mine map last revised July 28, 2013. 10. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, Mineral and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on-site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Energy, Mineral and Land Resources Prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a 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, S Page 6 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 $25,600.00 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. I Page 7 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to"persons and to adjoining property must be provided in all excavations in rock: 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to 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 8 , B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition Nos. 10A through D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Reve etation Plan: After site preparation, all disturbed land areas shall be revegetated as per the Revegetation Plan approved by Mr. Floyd R. Williams, PG, of Williams Environmental & Geological Services, PLLC on September 4, 2012. 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 20th day of September, 2013. By: Tracy E. Davis, PE, CPM, Director Division of Energy, Mineral, and 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 Davis C. Herring, Jr. to conduct mining activities off Airport Road in Brunswick County. The mining permit (no. 10-89) was issued on September 20, 2013. North Carolina.law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 15OB-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) 431-3000. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Mr. Lacy Presnelil, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. Tr cy E. avis, PE, CPM Director Division of Energy, Mineral, and Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on 4,2311 Brenda Harris Mining Program Secretary r — — — — — .7777 — — JI 01 'Yy � 6pF Icy ik SL' 1 y W w u t -4__..: �., *�t�.,mpy❑r 58 ADJACENT PROPERTIES . .. . . . - urpw0' ' i PIN OWNER '�'7� W w w v \ w W a W w W w W 1 208605083233 Town of Long Beach W W Y w w Y y Y LL Y S W w W w w w W w w W w W W w w . NOTE: MINIMUM SQ FT UNDISTURBED `� 2 207608995162 Swanson Sheila A & Martin B Heller w UN SA I 3 207608992120 Skehan David G w BUFFER BETWEEN WETLANDS s 4A 4 20760$995170 Pierce Jase h W W AND MINE PERMIT BOUNDARY 5 207608890170 Wagoner Robert C Et Gladys F ' 6 207608898170 Ti as Lourente B Et Janet 7 207608897170 Ti as Lourente B Et Janet - 8 207608896170 Macatol Fortunato R Trustee 1 9 207608595170 Macatol Fortunato R Trustee 10 207608894170 Macatol Fortunato R TrusteeIS 11 207608893170 Macatol Fortunato R Trustee ' l c�! 12 207608893320 Walsh William K EXISTING CENTER LINE OF 13 207608893431 Taylor Walter J Trustee S7 8agch f914 207608893531 Larsen David J & Deborah C Trustees HIGH BERM 15 207608893549 Belvin James Etux Bertie (SEE DETAIL) y J J ' �aw� fi�Iflfll§ t 16 207608893740 Summerville Eric A Et Rosann - — --- -- 41 17 207608892889 St James Property Owners Assoc Inc 18 207608893908 Morschauser Richard A Et Helen J 19 207720803007 Cambria Thomas Etux Linda 20 1207720803116 Kenzel Michael S Etux Jennifer J - } 25' UNEXCAVATED V, Construction Entrance Pad BUFFER MINE EXCAVATION AREA 21 207720803226 Smith Calvin E Etux Kathleen Truste SECONDARY PUMP LOCATION �. ' 22 207720803325 Garr Robert R Etux Carla H 21 ~ I 18.88 ACRES :' DESIGN AGGREGATE SIZE-USE 2-3 INCH WASHED STONE. 23 207720803437 Miller David D Etux Kay S i ; ;=' Y CRITERIA: 24 207720814058 St James Plantation Property Owners 2� BERM -- �-f +� W w '/ DIMENSIONS OF GRAVEL PAD-- +_T + ' - + + ��� /,=�` " ' i � ,,' � THICKNESS: 6 INCHES MINIMUM 25 20772Q915339 Clubs at St James Plantation LLC O I } + r + + + + +� r i / / WIDTH: 12-FT MINIMUM OR FULL WIDTH AT ALL POINTS OF THE 26 208717016004 Hartman C E ! + VEHICULAR + +`+ + `t ` ; VEH! 27 208717100756 Hartman C E 19 MONITORING PHASE III - +' + + ,.,, + + + +T, +++\ �� % /, // O 2g ENTRANCE AND EXIT AREA, WHICHEVER IS GREATER WELLS I�r + NON-DISTURBED LENGTH: 50-FT MINIMUM 28 208717103033 S encer Jose h + 'EXISTING LAKE, ' +'+r+ AREA 29 208605197546 Cam anello Josann A O DEPTH 25' PHASE 11 ' t+ , ; / ; LOCATION-LOCATE CONSTRUCTION ENTRANCES AND EXITS TO LIMIT 18i I 1 r ` i j/ SEDIMENT FROM LEAVING THE SITE AND TO PROVIDE FOR MAXIMUM UTILITY 30 208605192197 Ezzeddine Hassan }�/ I _ + + + + r + + + + + + + + + + , 4 ,, �r j ; �' CONSTRUCTION f 31 208609065421 Brunswick Co Airport Commission �' + + + + z + �" / ENTRANCE PAD BY ALL CONSTRUCTION VEHICLES (FIGURi=B.o6PJ .AVOID STEEP GRADES +T+ i f AND ENTRANCES AT CURVES IN PUBLIC ROADS, 17 SHALLOW " W + w w MONITORING NOTE: NO STRUCTURES ON ��� lE w w W i �, i' , �// L 4 LOCKED — >x THE FOLLOWING / � j W W ' / •' ,' — ---�- �( BERM / %' �" I 16 �, ` j/ f�,% / / ' �: j! 1' GATE i VILLANOVA LOOP ROAD T^` -9 ' � �f 25 ACCESS ROAD i f �'` 'i PROPERTIES: L �_L___ , / = �-- 1,3001 L X 25' W TO AIRPORT ROAD ' O e � PHASE I i - -< -.�.1. 1. ' 1,4,5,fi,7,8,9,10,11,14,1 fi, - = 29 (EXISTING GRAVEL ROAD) 17 19 2 2 /� - - 0 21 23 4 25 26 15 � 325 T �- 0 �; WILL UTILIZE SMALL �.. :'� __., ' PUMP LOCATION f - 7 -y _ 6"min 27,2$,29,30,31 _ PUMP IF NECESSARY - -I i' TO RECHARGE WETLANDS / / / ' _ 14 / coarse aggregate fi IF NECESSARY PUMP DISCIARGE PIPE ,,",,, ", /` / IDEWATERING /' �' W w w w W CONSTRUCTION 1.CLEAR THE ENTRANCE AND EXIT AREA OF ALL VEGETATION, ROOTS,AND 3 ; : w w w w �� SPECIF:CATIONS OTHER OBJECTIONABLE MATERIAL AND PROPERLY GRADE !T. , ,: ` ' SEE DETAILS Y W F 2. PLACE THE GRAVEL TO THE SPECIFIC GRADE AND DIMENSIONS SHOWN ON THE PLANS,AND SMOOTH IT. 3. PROVIDE DRAINAGE TO CARRY WATER TO A SEDIMENT TRAP OR OTHER /. SUITABLE OUTLET. 1 O / w NON-DISTURBED / '' / 4. USE GEOTESTILE FABRICS BECAUSE THEY IMPROVE STABILITY OF THE I Q J ® O 6 O i 4 I /' /' / AREA %, �' ; FOUNDATION IN LOCATIONS SUBJECT TO SEEPAGE OR HIGH WATER TABLE. MAINTENANCE: MAINTAIN THE GRAVEL PAD IN A CONDITION TO PREVENT MUD OR SEDIMENT FROM LEAVING THE CONSTRUCTION SITE.THIS MAY REQUIRE PERIODIC TOP DRESSING WITH 2-INCH STONE.AFTER EACH RAINFALL, INSPECT ANY STRUCTURE USED TO TRAP SEDIMENT AND CLEAN WASHED,OR TRACKED ONTO PUBLIC ROADWAYS. Y / i / • / i ' CATEGORY AFFECTED ACREAGE T.O. LAND / W J" Y - •4 Y _ T.O_WATER LINE_ TAILINGS/ SEDIMENT PONDS 0.00 w � w W STOCKPILES 0.00 2:H TO 1:V SLOPE FROM WASTEPILES, 0.00 A 3:H TO I:V SLOPE TO 2H:1V WATER LINE TO PIT CA PROCESSING AREA/HAUL ROADS 1.89 BOTTOM OF PIT (TYP.) N WATER LINE (TYP.} BOTTOM f MINE EXCAVATION 18.88 BERMS BETWEEN PHASES 3I OTHER (UNEXCAVATED BUFFERS) 4.72 PIT CROSS-SECTION "B-B" NOT TO SCALE hOTAL PERMITTED ACERAGE: 25.49 A RES NOT TO SCALE 1 LEGEND - PROPERTY BOUNDARY SPILLWAY SECTION - -0 a o o�— PERMIT BOUNDARY -�- EXISTING DITCH WEIR OUTLET CROSS SECTION FOR ---T- EXISTING LAKE + + EXISTING LAKE 10' DEWATERING BASIN " . ' W ' : ' W ' . ' ' WETLANDS 20' I UNDISTURBED BUFFER NON-DISTURBED AREA - NOT COVERED UNDER ESCP 5' I BERM CLASS B 40 VELOCITY CHECK 10' MTN {EXISTING} __________________ TOP RIP RAP FMT DAM N DAVIS C HERRING BUFFER 2H:1V 2H:IV - EXISTING LINE WEIR OUTLET 5' APPLICATION FOR NEW MINING PERMIT - HERRING MINE DITCH N DISCHARGE PIPE PROPERTY FROM PUMP OUT WITH FILTER CLOTH BRUNSWICK COUNTY LINE TEMP SILT FENCE AND CLASS B RIP RAP SHALLOW SWALE TO RIP RAP 40' DRAWN BY: LESLIE SCHNEIDER CONVEY OFF-SITE RUNOFF VELOCITY CHECK DAM tas nixcTaD BY F�o�WILLIAMS,PG,c�asc} 2H TO IV SLOPE DATE MAP COMPLETED: �y'I8, 4I3 WILLIAMS CROSS-SECTION "A-A" SCALE: I"=200' (UNLESS OTHERWISE NOTED) CROSS - SECTION SEDIMENT/ DEWATER_ING_ BASIN NOT TO SCALE REVISIONS: Environmental & Geological Services, PLLC NOT TO SCALE MAY 2013 - AUGUST 28, 2012 - October 5, 2012 P.O. Box 190 Bath NC 27808 1 (800 )240-8550 December 28, 2012 SHEET: 1 OF 1 RCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E.Davis, PE,CPM Pat McCrory,Govemor Director John E. Skvada, III, Secretary August 26, 2013 MEMORANDUM TO: Tracy Davis, Director Division of Land Resources THROUGH: Toby Vinson, Acting Section Chie IF Land Quality Section THROUGH: Janet Boyer, State Mining SpecialiM Land Quality Section FROM: Judy Wehner, Assistant State Mining Specialist Land Quality Section RE: Mining Permit Application Review - Davis C. Herring, Jr. - Proposed Herring Mine Brunswick County Recommendations: The staff of the Land Quality Section (LQS) has completed its review of the above referenced application and recommends that it be approved with certain conditions as provided for under G.S. 74-51. A draft permit document is attached for your review and consideration. Review Procedure: The staff of the Land Quality Section reviewed the permit application which was submitted on September 6, 2012 and all supplemental information filed subsequent to the initial application. Furthermore, personnel from the Division of Archives and History, Division of Water Quality, Division of Air Quality, Division of Water Resources, Division of Parks and Recreation, Division of Marine Fisheries, Geological Survey, Division of Soil and Water Conservation, Wildlife Resources Commission, and US Fish and Wildlife Services were also afforded the opportunity to comment on the proposal. In addition to the governmental agency input noted above, a public hearing was held on the proposal on November 15, 2012 at the Brunswick County Administrative Building's Commissioners' Meeting Room in Bolivia, NC. A summary of the public comments was made by Dr. Ken Taylor, Hearing Officer. A copy of the summary was provided to you earlier under separate cover and a copy is on file with the Land Quality Section. 1612 Mail Service Center,Raleigh,North Carolina 27699-1612-Telephone 919-707-92201 FAX:919-733-2876 512 North Salisbury Street,Raleigh, North Carolina 27604-Internet:http://portal.ncdenr.or_q/webAr/land-cuality An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Findings: All of the information obtained to date was reviewed with respect to G.S. 74-51 (1- 7): (1) "That any requirement of this Article or any rule promulgated hereunder will be violated by the proposed operation;" There is no evidence to suggest that the proposed operation will violate the Act as there are over 580 sand and gravel mines presently under permit in the State that comply with the requirements of the Act. (2) "That the operation will have unduly adverse effects on potable groundwater supplies, wildlife or fresh water, estuarine, or marine fisheries;" A detailed erosion and sediment control plan adequately addresses sedimentation and stormwater runoff from disturbed areas - see Operating Condition No. 4. The N. C. Wildlife Resources Commission and US Fish and Wildlife Service both had no comment on the application. No comments were received from the Division of Marine Fisheries. (3) "That the operation will violate standards of air quality, surface water quality, or groundwater quality that have been promulgated by the Department;" Operating Conditions Nos. 1 and 2 of the draft permit require, respectively, that the operation comply with state water and air quality regulations. Operating Condition No. 5 requires monitoring well installation and reporting to ensure that any potential impacts to ground water can be observed and mitigated. The Division of Water Resources also requires registration of ground water withdrawals and the permit applicant has been advised of such requirements. (4) "That the operation will constitute a direct and substantial physical hazard to public health and safety or to a neighboring dwelling house, school, church, hospital, commercial or industrial building, public road or other public property, excluding matters relating to use of a public road; Operating Condition No. 7 requires slopes to be graded at an acceptable angle. Screening berms along the existing subdivision are included in Operating Condition No. 9. In addition, the proposed mining activities will not involve blasting operations. (5) "That the operation will have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area;" The only park within five miles of the site was contacted on November 29, 2012 and no response from the agency was received. The previous single source borrow pit at the site appears to have had no effect on nearby parks. (6) "That previous experience with similar operations indicates a substantial possibility that the operation will result in substantial deposits of sediment in stream beds or lakes, landslides, or acid water pollution;" A detailed sediment and erosion control plan has been developed for this site and should provide adequate protection to the surrounding environment. Specific buffer zones and cut/fill slopes have been incorporated into the draft permit to provide adequate protection against slope failures at this site - see Operating Condition No. 7. (7) That the applicant or any parent, subsidiary, or other affiliate of the applicant or parent has not been in substantial compliance with this Article, rules adopted under this Article, or other laws or rules of this State for the protection of the environment or has not corrected all violations that the applicant or any parent, subsidiary, or other affiliate of the applicant or parent may have committed under this Article or rules adopted under this Article and that resulted in: a. Revocation of a permit, b. Forfeiture of part or all of a bond or other security, C. Conviction of a misdemeanor under G.S. 74-64, d. Any other court order issued under G.S. 74-64, or e. Final assessment of a civil penalty under G.S. 74-64. This is not applicable as the operator has had no such prior mining violations in the State. Conclusions: There is no evidence to indicate that the proposed operation will violate any part of G.S. 74-51 (1-7) as outlined and reviewed above. Attachments cc: Mr. Dan Sams, PE •/A NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and land Resources Land Quality Section Tracy E. Davis, PE,CPM Pat McCrory, Governor Director John E. Skvada, III, Secretary August 26, 2013 .Mr. Davis C. Herring, Jr. 823 Robert Ruark Drive Southport, North Carolina 28461 Re: Herring Mine (Draft Permit) Brunswick County Cape Fear River Basin Dear Mr. Herring: Your application for a mining permit for the above referenced mine site has been reviewed but not yet approved. Enclosed is a draft of the mining permit proposed by the Department. The conditions in the draft permit were based primarily upon information supplied in your application. Other necessary conditions may have been added to ensure compliance with The Mining Act of 1971. The reclamation bond has been calculated for this site using the information submitted on the mine map last revised July 28, 2013 (see enclosed worksheet). The bond amount for this site is $25,600.00. The bond is required before the permit can be issued. For your convenience, I have enclosed a bond form, an assignment of a savings account form and an irrevocable standby letter of credit form. The name on the security form must be the same as the name appearing on the enclosed draft permit, i.e., Davis C. Herring, Jr. 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. The permit cannot be issued until the required security has been received. No mining may be conducted until the permit is issued. G.S, 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. 1612 Mail Service Center,Raleigh, North Carolina 27699-1612-Telephone 919-707-92201 FAX:919-733-2876 512 North Salisbury Street,Raleigh,North Carolina 27604-Internet:http://portal.ncdenr.oM,/webl rAand-duality An Equal Opportunity I Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Mr. Herring Page Two Please contact Judy Wehner, Assistant State Mining Specialist, at (919) 707-9220 if you have any questions. Sincerely, eeBoyer, PE ing Specialist lity Section JSB/jw , Enclosures cc: Mr. Dan Sams, PE File DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Davis C. Herring, Jr. Herring 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: *, 2023 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 *, 2023. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: 1. A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. 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 Resources to secure any necessary permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Buffers shall be maintained as indicated on the mine map last revised July 28, 2013. C. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. C. Mining activities shall occur as indicated on the mine map last revised July 28, 2013 and the supplemental information received by the Land Quality Section on September 6, 2012, March 7, 2013, May 28, 2013, and July 26, 2013. 5. Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department as follows: A. Observation wells, located as indicated on the mine map last revised July 28, 2013, shall be installed and monitored at least 30 days prior to initiating any excavations at the site to allow for the determination of pre-existing (static) groundwater levels. Page 4 B. The deep observation wells shall be drilled wells screened at the base depth of the excavation (the ultimate depth of the mine). The shallow observation wells shall be drilled wells screened at the base minimum depth of the four feet. The wells shall be secured against unauthorized entry with a lockable cap. The deep wells shall be secured against unauthorized entry with a lockable cap. The necessary permits or approvals to construct these wells shall be obtained from the N.C. Division of Water Resources. C. The observation wells shall be monitored monthly at the same day and approximate time of day. The static water levels shall be measured with an accuracy of plus or minus 0.1 foot and shall be referenced to a datum point and ,a record of the water levels maintained. The daily precipitation and the volume of pit water discharged daily shall also be recorded. Copies of these records shall be provided to the Department on or about the end of each month. Static water level monitoring frequency may be increased or decreased as deemed appropriate by the Department. 8. All mine permit and affected area boundaries (25.49 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 7. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of sedimentation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 8. 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. A. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. B. Vegetated earthen berms shall be located and constructed as shown on the mine map last revised July 28, 2013. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate. by the Department to improve visual and noise buffering. 9. A. Sufficient buffer shall be maintained between any excavation and any mining permit boundary to protect adjacent property. B. Buffers shall be maintained as indicated on the mine map last revised July 28, 2013. Page 5 10. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, Mineral and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on-site generated land clearing debris 2. conveyor belts 3. wire cables .4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Energy, Mineral and Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. Page 6 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 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. S 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 7 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 . 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to 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 8 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. 1 QA through D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the Revegetation Plan approved by Mr. Floyd R. Williams, PG, of Williams Environmental & Geological Services, PLLC on September 4, 2012. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit issued this *th day of* 2013. By: Tracy E. Davis, Director Division of Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources AYYLlI A l WIN r'uK A ytINING PERMIT PjUM4crrcdo� , D,4vf s t... �clvv,'r,� E.- DET'ERMINATION OF AFFECT% ED ACREAGE AND HONID Pty G tM The following bond calculation worksheet is to be used to establish an appropriate bond(based Upon range of'S500 to SS.000 per affected acre)for each permitted mine site based upon the acreage approved by the Department to be affected during the life of'the mining permit. Please insert the approximate acreage,for each aspect ofthe mining operation,that you intend to affect during the life of this minim---permit(in addition,please insert the gRprogriate reclamation cost/acre for each category from the Schedule o Reclamation_Costs provided with this application ormLOR you can defer to the Deoartme_nt to calculate vou_r_bond for vo_u based upon vour maps and standard reclamation costs: AFFECTED RECLAlINiATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. _ $ S tockpiles: Ac. X $_ /Ac. - $ Wastepiles: Ac. X $ /Ac. - S Ptocessing Area/Haul Roads: __C_U_[�Ac. X $ 0 /Ac. - $ 3 YO a dv � 1� ao Mine Excavation: i .� .c. X $ �]Ly Ac. C•u Other: CM Ac. X $ 1�3C /Ac. W $ TOTAL AFFECTED AC.: `• c Ac. (TOTAL PERMITTED AC.: ` 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 ofsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage b Ac. X $1,500.00 = $ SUBTOTAL COST: S Inflation Factor: 0.02 X SUBTOTAL COST: $ . 3� X Permit Life(I to 10 years): /0 INFLATION COST: $_ 1�2,0 TOTAL COST = SUBTOTAL COST+ INFLATION COST = S-_ 3 4 0IT (a Total Reclamation Bond Cost: $ - (ko (round down to the nearest$100.00)' - 14- — — — — fb O.l4r®ti GI 9tl N ADJACENT PROPERTIES ~ W W W W W w w w . w W W w `✓ W W W W w W L a W r v W v W W ,y W W W y W W W W .0 W ti m W � � � PIN OWNER w W w W W w W W W w w w W w W w w y w 1 208605083233 Town of Long Beach .v w v W W W w � w v w w 2 207608995162 Swanson Sheila A & Martin B Heller W v NOTE. MINIMUM 50 FT UNDISTURBED 3 207608992120 Skehan David G BUFFER BETWEEN WETLANDS 4nF..freuai � "-'r� 4 1207608995170 Pierce Joseph W AND MINE PERMIT BOUNDARY 5 1207608890170 Wa oner Robert C Et Gladys F 24 6 207608898170 Ti as Lourente B Et Janet o J 7 207608897170 Ti as Lourente B Et Janet = 8 207608896170 Macatol Fortunato R Trustee 9 207608895170 Macatol Fortunate R Trustee "• d d-. 10 207608894170 Macatol Fortunato R Trustee41 11 207608893170 Macatol Fortunato R Trustee ' Ff z x� cowu 12 207608$93320 Walsh William K EXISTING CENTER LINE OF � ���� 13 207608893431 Ta for Walter J Trustee aftii 8. �9' HIGH BERM 2fi ,�, 7 ,g �� nar i a,i 14 207608893531 Larsen David J& Deborah C Trustees � � "" � "" 15 207608893549 Belvin James Etux Bertie (SEE DETAIL) \ I _ _ _ ,i "„ "' • J 16 1207608893740 Summerville Eric A Et Rosann 17 207608892889 St James Property Owners Assoc Inc 23 l 18 207608893908 Morschauser Richard A Et Helen J ' 19 207720803007 Cambria Thomas Etux Linda ' 20 207720803116 Kenzel Michael S Etux Jennifer J 25' UNEXCAVATED Construction Entrance Pad 21 207720803226 Smith Calvin E Etux Kathleen Truste !% I BUFFER MINE EXCAVATION AREA SECONDARY PUMP LOCATION1 - 22 207720803325 Garr Robert R Etux Carla H 21 18.88 ACRES M/ ,/ / ; / DESIGN AGGREGATE SIZE-USE 2-3 INCH WASHED STONE. 23 207720803437 Miller David D Etux Ka S i j" ;' CRITERIA: 24 1207720814058 St James Plantation Property Owners BERM +� W ' DIMENSIONS OF GRAVEL PAD-- 25 207720915339 Clubs at St James Plantation LLC 20 , + + + + + ,' THICKNESS: 6 INCHES MINIMUM +. Y + . + t++ +++++++++ + '" / w / ` ` WIDTH: 12-FT MINIMUM OR FULL WIDTH AT ALL POINTS OF THE 26 208717016004 Hartman C E r t / 27 20$717100756 Hartman C E 19 MONITORING PHASE III +'+' + ' +' + +'++ + ' ,. `.r+ , +: ` ++ i� ; / / 'l ' 28 VEHICULAR ENTRANCE AND EXIT AREA,WHICHEVER IS GREATER o + r + + + + + + + + -T+++ + + i , 1 28 208717103033 Spencer Joseph ` WELLS t F + + + + + + , + +T+ +i + ++++ ' . NON-DISTURBED / LENGTH: 50-FT MINIMUM I 29 208605197546 Cam anello Josann A ~ ~ DEPTH 25' PHASE 11 T+ . +++ EXISTING LAKE++ +* : ++++ , // , AREA ' O LOCATION-LOCATE CONSTRUCTION ENTRANCES AND EXITS TO LIMIT 30 208605192197 Ezzeddine Hassan — 8 + + r + + r + + + j ' SEDIMENT FROM LEAVING THE SITE AND TO PROVIDE FOR MAXIMUM UTILITY �.. l + + + , ' + + + .+ +++++ + ,, it � / �' : CONSTRUCTION f 31 208609065421 Brunswick Co Airport Commission `+ + + + + + + + + + / /' / W '/ ' BY ALL CONSTRUCTION VEHICLES (FIGURE 6.06A) .AVOID STEEP GRADES I t + + + + + + + ��/ ENTRANCE PAD J AND ENTRANCES AT CURVES IN PUBLIC ROADS. 17 I SHALLOW + + , w W _ w + + + + +r+ , , 1q I . MONITORING �+ +++++ t "�/, , J , -- II <C WELLS , �_ L� O NOTE: NO STRUCTURES ON / `�-� ® - ✓ / / ' LOCKED 1 / THE FOLLOWING 18 , BERM ; W W / !/, / ' % / '; I �— _ a 1' / 25' ACCESS ROAD /� /� 1. GATE VILLANOVA LOOP ROAD - �� ��„� so. PROPERTIES: PHASE I / ' - 1__._.__-�_. [ �— 1,300' L X 25' W TO AIRPORT ROAD � O r / =" _ J' 29 (EXISTING GRAVEL ROAD) 1,4,5,6,7,8,9,10,11,14,16, � �` � 17,19,20,21,23,24,25,26, 15 % 325' T PIT ': WILL UTILIZE SMALL ' "" 27,28,29,30,31 — _ PUMP IF NECESSARY PUMP LOCATION 1 - - ' / / �' :i %" "n„�, " TO RECHARGE WETLANDS 1Ll IF NECESSARY PUMP DISCHARGE PIPE ' 1EWATERING ' / W W CONSTRUCTION 1. CLEAR THE ENTRANCE AND EXIT AREA OF ALL VEGETATION,ROOTS,AND 1 3 , `SEE DETAILS 'l / W W y y .. W _ ,� W SPECIFICATIONS OTHER OBJECTIONABLE MATERIAL AND PROPERLY GRADE I''". i w W W , 2. PLACE THE GRAVEL TO THE SPECIFIC GRADE AND DIMENSIONS SHOWN ON 0 THE PLANS,AND SMOOTH IT. --- �, 3 PROVIDE DRAINAGE TO CARRY WATER TO A SEDIMENT TRAP OR OTHER SUITABLE OUTLET 4 2 . ,, NON-DISTURBED / /� 4. USE GEOTESTILE FABRICS BECAUSE THEY IMPROVE STABILITY OF THE 11 1 O (S) (a / �` FOUNDATION IN LOCATIONS SUBJECT TO SEEPAGE OR HIGH WATER TABLE. / AREA MAINTENANCE: MAINTAIN THE GRAVEL PAD IN A CONDITION TO PREVENT MUD OR SEDIMENT FROM LEAVING THE CONSTRUCTION SITE. THIS MAY REQUIRE PERIODIC TOP DRESSING WITH 2-INCH STONE.AFTER EACH RAINFALL, INSPECT ANY STRUCTURE USED TO TRAP SEDIMENT AND CLEAN WASHED,OR TRACKED / j�,' / • ;-' ,' ONTO PUBLIC ROADWAYS. ww ww � ww ' CATEGORY AFFECTED ACREAGE T.O. LAND _ T.O. WATER LINE--- ----- --_ __ _--_____ 15' W w TAILINGS/ SEDIMENT PONDS 0.00 ------•-I w STOCKPILES 0.00 2:H TO 1:V SLOPE FROM w WASTEPILES 0.00 WATER LINE TO Q 3:H TO 1:V SLOPE TO PIT IV N WATER LINE (TYP.) PROCESSING AREA/HAUL ROADS 1.89 BOTTOM OF PIT (TYP.) BOTTOM MINE EXCAVATION 18.88 BERMS BETWEEN PHASES 31 OTHER (UNEXCAVATED BUFFERS) 4.72 PIT CROSS-SECTION "B-B" NOT TO SCALE 'TOTAL PERMITTED ACERAGE: 25.49 ACRES NOT TO SCALE 1 LEGEND - PROPERTY BOUNDARY SPILLWAY SECTION o ° " �`- PERMIT BOUNDARY - ...... EXISTING DITCH pip ----�--_ -"- EXISTING LAKE WEIR OUTLET CROSS SECTION FOR DEWATERING BASIN + tw +, + + w+ W+,� ++ EXISTING LAKE 10� w w W WETLANDS 20' - UNDISTURBED BUFFER NON-DISTURBED AREA - NOT COVERED UNDER ESCP BERM CLASS B - 40 VELOCITY CHECK 10' MIN {EXISTING} _ _______--________ Tap RIP RAP DAM N DAVIS C HERRING BjjfFER 2H:1 V 2H:IV EXISTING APPLICATION FOR NEW MINING PERMIT - HERRING MINE DITCH o DISCHARGE PIPE LINE WEIR OUTLET 5' PROPERTY N FROM PUMP OUT WITH FILTER CLOTH BRUNSWICK COUNTY LINE TEMP SILT FENCE RIP RAP 40, AND CLASS B RIP RAP DRAWN BY: LESLIE SCHNEIDER SHALLOW SWALE TO CONVEY OFF-SITE RUNOFF VELOCITY CHECK DAM (AS DIRECTED BY FLOYD WILLIAMS,FG,CPESC) 2H TO 1 V SLOPE DATE MAP COMPLETED: JULY 28, 2013 CROSS-SECTION "A-A" CROSS - SECTION SEDIMENT/ DEWATERING BASIN SCALE: 1"=200' (UNLESS OTHERWISE NOTED) WILLIAMS NOT TO SCALE REVISIONS: Environmental & Geological Services, PLLC -- --- NOT TO SCALE MAY 2013 - AUGUST 28, 2012 - October 5, 2012 P 0 Box 19Q Bath NC 27808 (SOp )240-8550 December 28, 2012 SHEET: I OF 1 _.. . ...a�...�aavte l'VIl 1 iYlllVllVVr Y�.K1VlIT E. DETERMINATION OF AFF*ED ACREAGE AND'BOND The following bond calculation ivorksheet is to be-.used to establish an appropriate hand(based upon range oj'S 00 to 55.000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the miningperm it. Please insert the approximate acreage, %r each as ect o the mining operation, that vou intend to a 'ect during the lie o this mining ermit in addition lease insert the aDDrogriate_reclamation cost/acre 1br each cate-ory from the_Schedule of Reclamation Costs provided with this application form) OR you can defer to the D partment to calculate vour bond for you based upon your maps and standard reclamation costs.- AFFECTED RECLAIVlATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. _ $ Stockpiles: Ac. X $ /Ac. — $ Wastepiles: Ac. X $ /Ac. — $ Processing Area/Haul Roads: 1-, eq- Ac. X $ _/50660 /Ac. — $ 3 o a d v oa Mine Excavation: Ac. X $ 5'0 " /Ac. — $ 011 �`���(� Other: .� a Ac. X $ 1560 °iS/Ac. — $_ _ TOTAL AFFECTED AC.: 0? - Ac. (TOTAL PERIWTTED AC.: 0751. 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 a �� � Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: S a 33 Inflation Factor: 0.02 X SUBTOTAL COST: $ a :33 X Permit Life 0 to 10 years): T _ - /0_ INFLATION COST: $ a'?&9. �aY TOTAL COST = SUBTOTAL COST+ INFLATION COST = $ S_ LE. 0 Total Reclamation Bond Cost: $__ 01 COO 4 (round down to the nearest 5100.00) - 14- � .. � __ .. — .,_,�...Y"' ,h'�'.r...,.�A.�'"',..-.ruv.,,..,:'h•s..+rv`.1. r.+Y... �. r„+ ^/ ... . . MINING CHECKLIST FOR ROUTING AyytiWWS Nama: PA)I S09A PMJW Name: t Ayylie 1pema No.: Date Rea V&- ReftOl RIW RON Nana: XN"eew ❑ RdteWal ❑ mobfimom (bu*yawt 6u dola) ❑ MadtlfCattan fa(Wdeyen�tt ) ❑ Tran�er ElRrlease ❑ PartW Rak" Addtamtal*MWUM ❑ Fa NWA&# ❑ Fa Rua IM& P rmtte aft �1[&m Larff to. oil n ReeWd o�M (z WXII&ro)'t%attach the�Rt INN C&"A#fUV°e RCVW ehawk-to one on and t both tk DWQ-W DAQ•MWM AYtratton MW FOW to the Aff W)7,Md bolt Wpa to dtc Rgb Dltff) �. Date: Retail Rand ❑ DtFM"1 water Raartrea Data: Rattail Read ❑ NC wildlife Raatr&CammtssW Date: Rotttad Raed ❑ us MA&wildlt fe&r► U Date: Rooted Reed (o*my Tk attons ed nrad�traum"that add land to theyernttt) Pleasa mte 3 the ffkmftm and laaam M to: :. ❑ DtWM of PA&RUTMU rt Data: Ratted RWd ❑ NC GeoloB[ral Survey Secamt Date: Rattail Rand ❑ DOWN I Marbta m6ria Date: Ratted Wd ❑ Dmdo of Soil&water Cm[marmatim Y&LEA) Data: Rattail Wd (on�War T arai M and RAftratton MffdS that add W to dtcyrrW) ❑ WON of ArCkM ilk History Date: Ratted Rand (o*►tar ayAcaUM) ❑ othr: Date•. RAd d RaCd •*Sr+s eW Daft for COK RCIItS: FPS ' 6 PTni2 (NO L*r OW zs dap f=r ❑ p6x ute tke fab". t .�-. .. .-� ...�_ �--� ....... .J-w.•+.(-t .. -`�w+:�-'...,,.^"�,°�.;y�'r".^' . . .:�`ft''"ti':".-r.. „`�h n�1-s�� . .� .�. -A �.. ...,u _ , MINING CHECKLIST FOR ROUTING Ayyltw&s Nang D 11 { P►mtd Na st. Aflk/PCM&NO.: Cottrd,: D4af[Rtcetv[d: a(� Rcvt Nal River Basta NAM. Nar ❑ Rcx Nil ❑ Madtftcattmt (butdcycr a bmordarta) ❑ m d*attm(mbfdeyemt)tmidjvlz) ❑ Transfer ❑ Rdmx ❑ Partial Rd= AA&Umrd bftm&a ❑ Fa NCAdci ❑ Fa RccatmL� P c raid c►ft E4E ym to: � VJjl !mlItrgtartal t7dt[C (2 c %attach der"tQs ROWW Opp M"Vk&m ReVia hffm&to one Cqy ad a eh W tht DWQand DAQ"h(f"Ayyhcdm RMcir Faun"to the ether w)p sod W wyw to&C U61MA Daft: Rated M Rwd ❑ Dt9titmt of Walr RtsOUM Date: Ratted Rica ❑ NC Wd4#i RUWW Cmrmsslmt Dal: Rapid RWd ❑ US FIA&Wtldhft Savtu Dal: Radad Rind (only new ayyhcaUm cord anadtltcatton repas that add land to&Cy mo Pbw mite of Ow ffk4um ad aff location!M to- ❑ Dt9WOr!4POh&RLCrC40 Dal: RMt d Rind ❑ NC GdVlV taI BUT SCCftM D4L- RMW RlC'd ❑ DtYWON o Mo ti FUhe to Dal: Rand Raid ❑ DtvWmt of Sall&Water CM Maftms (JbU LEA) Dal: RMW Rind (oy 1 aw ayyhranm and mn*mam mpe&that add land to fkyerndt) ❑ DMA I ArckM&Hfsfary Dal: Railed Rwd (0*nax 9yltr40rns) ❑ ot)rm Dal: Rattail Read *,%f= D&fff Colf[I eds: (w lair tkart 25 dap from Twlo ❑ Picric Hatt tlu fall": V� Aft WILLIAMS Voice I Fax(800)240-8550 P.U. Box 190 E:n�irn3uucit[:tl &(wulc, ir;tl tic•r%-k:es ri i' Bath. NC 27808 www.WilliamsEGS.com July 26, 2013 Ms. Judith A. Wehner NCDENR RECEIVED Division of Energy, Mineral, and Land Resources Land Quality Section 1612 Mail Service Center JUL 2 6 7013 Raleigh, North Carolina 27699 LAND QUALITY SECTION RE: Response to June 13, 2013 ADI Letter Herring Mine Brunswick County Dear Judy, Following are responses to your June 13, 2013 letter requesting additional information for the Herring Mine in Brunswick County. 1. In a recent discussions with Dan Sams and Trent James by telephone, the only active erosion and sedimentation control plan at this site is excavation within the proposed mine permit boundary that is an offsite borrow project that was approved under an erosion and sedimentation control plan approved for a nearby airport project. Once the mining permit is issued, the activity within the mine permit boundary will be removed from the Sedimentation Pollution Control Act and will then be under the Mining Act. 2. The NPDES permit application and the O & M plan has been submitted and is under review by the Division of Water Quality at this time. 3. The water levels in the monitoring wells will be measured prior to dewatering activities and will be measured every 30 days for six months and at that time the data will be evaluated and to see if the monitoring schedule can be decreased. Sincerely Floyd R. Williams PG, CPESC, CPG cc: Davis C. Herring Jr. Wehner, Jud From: Wehner, Judy Sent: Thursday, June 13, 2013 1:16 PM To: 'Floyd' Subject: Herring Mine Attachments: 10-89 adi 2013 3.pdf A few more things. Call with any question. Judy Wehner Assistant State Mining Specialist 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 (919) 715-8801 fax ------------------------------------------ E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 COMPLETErMPLETE THIS SECTION ON DELIVERY ■ Complete items;Y;2;and 3.Also complete A. SI nature (tern 4 If Restricted Delivery Is desired. X ❑Agent ■ Print your name and address on the reverse so that we can return the card to you. by(priOfN'ame E Ihrery o Attach this card to the back of the mallpiece, or on the front if space permits. �s _ tt9C1'�1? ❑ 1. Ardcle Addressed to: 1;� below: ❑No MR-DAVIS C HERRING JR JU 2 4 213 823 ROBERT RUARK DRIVE SOUTHPORT NC 28461 LA $E ceHo Mai UEVmw Mall & *Return 14=80 for Merrm►dlse ❑Insured Mail C.O.D. 4. Restrk-,W DeliveryR Pft Fee) ❑Yes 2. ArWaNumbw, 7no8 Z3ao aooa �� � �78 (rmnsfar hom swvtos I PS form 3811,February 2004 Domestic Retam Receipt l .. 13 T� ru�lsno UNrrED STATES POSTAL SERVICE FiM-Class Mail GM&Fees Paid Permit No.G-10 ° Sender: Please print your name, address, and ZIP+4 in this box° NORTH CAROLINA DEPARTMENT OF ENVIRONMENT& NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES LAND QUALITY SECTION 1612 MAIL SERVICE CENTER RALEIGH NC 27699-1612 1740-7401 illll'111�11�IIlI'1!I'IIIIIiI=�=II'�I=lillllllll�l�l=i�'llilillll IF NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, GPM Pat McCrory, Governor Director John E. Skvarla, III, Secretary June 13, 2013 Certified Mail Return Receipt Requested 7008 1300 0000 1126 3178 Mr. Davis C. Herring, Jr. 823 Robert Ruark Drive Southport, North Carolina 28461 RE: Proposed Herring Mine Brunswick County Cape Fear River Basin Dear Mr. Herring: We have reviewed the application and additional information you submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. As previously requested, revise the mine map to clearly show the location of the previously approved erosion and sediment control plan and what areas will remain under the approved erosion control plan. In addition, revise the Pit Cross Section to show a maximum depth of 25 feet. 2. As previously requested, provide proof that you have an approvable Operation & Monitoring Plan from the Division of Water Quality. In addition, provide proof you have obtained an approvable NPDES permit from the Division of Water Quality. 3.. Provide monitoring and reporting schedule for the Shallow and Deep monitoring wells that are to be used to protect nearby wetland and ground water supplies. 4. Please note that the letter dated May 24, 2013 submitted with the supplemental information does not address the March 21, 2013 sent from this office. It refers to the letter previously dated November 20, 2013. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612-919-707-92201 FAX:919-733-2876 512 North Salisbury Street,Raleigh, North Carolina 27604 - Internet:htp://portal,ncdenr.org/webAr/ An Equal Opportunity l Affirmative Action Employer—50% Recycled 110% Post Consumer Paper Certified Mail Mr. Herring 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 four (4) copies of the requested information to my attention at the following address: Land Quality Section Division of Energy, Mineral, and Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As requiAd by 15A NCAC 5B.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. Sincerely, Judith A. ehner Assistant State Mining Specialist Land Quality Section cc: Mr. Dan Sams, PE Mr. Bradley Bennett— DWQ Mr. Floyd Williams, PG, via e-mail Wehner, Judy From: Pickle, Ken Sent: Thursday, June 13, 2013 10:14 AM To: Bennett, Bradley Cc: Wehner, Judy; Montalvo, Sheri A Subject: Herring Mine, Brunswick County? Hi Bradley, Judy's involved with a public hearing for this application in her shop,and is asking if we have an NCG02 application from them. I don't see this facility in BIMS. Are you HOLDING an application from these folks? Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6376 Fax: (919) 807-6494 Email: ken.pickle ncdenr.gov Website: httl2://Rortal.ncdenr.org/webLw w su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** 1 Wehner, Judy From: Wehner, Judy Sent: Thursday, June 13, 2013 10:21 AM To: 'Jack Noland' Cc: Sams, Dan; James, Trentt Subject: RE: Herring Mining Permit Mr. Dan Sams at(10-796-7215. From: Jack Noland [maiitoJack(Jastjamesooa.net] Sent: Thursday, June 13, 2013 9:43 AM To: Wehner, Judy Subject: RE: Herring Mining Permit I would like to review the file one morning next week in Wilmington. Who should I contact? JACK NOLAND, P.E. ENGINEER ST. JAMES PLANTATION POA 4140 Southport-Supply Road Suite B Southport, NC 28461 910-253-4805 910-253-4808 (fax) "The information in this email,and in any attachments,may contain confidential information and is intended solely for the attention and use of the named addressee(s)only.It must not be disclosed to any person without authorization. If you are not the intended recipient,or a person responsible for delivering it to the intended recipient,you are not authorized to,and must not,disclose,copy,distribute or retain this message or any part of it." From: Wehner, Judy [mail_to:iudy.wehnerCancdenr.gov] Sent: Wednesday, June 12, 2013 10:41 AM To: Jack Noland Subject: RE: Herring Mining Permit Mr. Herring's consultant has resubmitted additional information. A decision to issue the draft permit or request more information will be made by June 27, 2013. Anyone wishes to look at the submitted information should contact the Wilmington Regional Office or me to set up an appointment to review the file. From: Jack Noland [maiito:jack stjamesooa-net] Sent: Wednesday, June 12, 2013 10:36 AM To: Wehner, Judy Subject: Herring Mining Permit Hi Judy, The Board here asked me to check in with you regarding the status of this permit. Last we spoke you told me their consultants had an October deadline to address the questions. Has there been any response or developments? Any information you can provide would be helpful. Thanks! Jack t JACK NOLAND, P.E. • • ENGINEER ST..JAMES PLANTATION POA 4140 Southport-Supply Road Suite B Southport, NC 28461 910-253-4805 910-253-4808 (fax) "The information in this email,and in any attachments,may contain confidential information and is intended solely for the attention and use of the named addressee(s)only.It must not be disclosed to any person without authorization.If you are not the intended recipient,or a person responsible for delivering it to the intended recipient,you are not authorized to,and must not,disclose,copy,distribute or retain this message or any part of it." 2 i ! Wehner, Judy From: James, Trentt Sent: Tuesday, June 11, 2013 3:03 PM To: Wehner, Judy Subject: Herring Mine 10-89 Judy, A change in the mine depth from 30'-25' is mentioned in the letter of response from Floyd Williams and is not reflected on the mine map. It states a dewatering plan has been submitted to DWQ for approval. At the WIRO level, that is not the case according to Chad Coburn.Although he said it could have been dealt with in Raleigh, i think we need to follow up with that to ensure the proper DWQ permits. Let me know if you have any questions. Thanks Trentt James Enviromental Senior Specialist NCDENR- Division of Energy, Mineral, and Land Resources- Land Quality Section 127 Cardinal Dr Extension Wilmington, NC 28405 (910)796-7227 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Wehner, Judy From: Wehner, Judy Sent: Wednesday, June 12, 2013 10:41 AM To: 'Jack Noland' Subject: RE: Herring Mining Permit Mr. Herring's consultant has resubmitted additional information. A decision to issue the draft permit or request more information will be made by June 27, 2013. Anyone wishes to look at the submitted information should contact the Wilmington Regional Office or me to set up an appointment to review the file. From: Jack Noland [mailto:lack stjamesl7oa.net] Sent: Wednesday, June 12, 2013 10:36 AM To: Wehner, Judy Subject: Herring Mining Permit Hi Judy, The Board here asked me to check in with you regarding the status of this permit. Last we spoke you told me their consultants had an October deadline to address the questions. Has there been any response or developments? Any information you can provide would be helpful. Thanks! Jack JACK NOLAN©, P.E. ENGINEER ST..JAMES PLANTATION POA 4140 Southport-Supply Road Suite 8 Southport, NC 28461 910-253-4805 910-253-4808 (fax) "The information in this email,and in any attachments,may contain confidential Information and is intended solely for the attention and use of the named addressee(s)only.It must not be disclosed to any person without authorization. If you are not the intended recipient,or a person responsible for delivering it to the intended recipient,you are not authorized to.and must not,disclose,copy,distribute or retain this message or any part of it." 1 .. _„o;..�°4.;P" '"'*+w-.-n.v.a..,�,.,f.:f-..r,k+n-w.+refi.sv..s�-:sw�r•�-•:�^9'S^W...F"4'!:'a' "'. �...- .� �; K �;..R" -i _..'. ;. MINING CHECKLIST FOR ROUTING A)Yktard's Nana: 1, S MA' Ag, Fm)xt Raw: A�►�fC.�Pell�tt No.: CMdT- I Datc Radwi- c r RtvkW. Rtvtr Bash[Nape: New ❑ Rtm4d ❑ � (hblk YtM t b NIOls) ModtffrAftarc(O de�lC►tfftt ) ❑ Trmfu ❑ Releasc ❑ Partial R&M Add UPW D fan &on ❑ Fa NNAL$ ❑ Fa Radwi- p6w rmde odit a jfe4m aclr c to: RePW Cp (z mTkh oytcs;&a&t6 W Re#W Cp Mabtq A#icdW ROLL ckedist-tO Oac W)y wad dink bA tkC DWq*DAQ'M"A#tcO a RMCre FXW to tkc Aff Myr,Md bA myW t0 tkG RVWW Ejolff) Date: ROW 5 a ! Rwd ❑ DMft Of Wale RasWW Daft: ROW Reed ❑ NC Wdldl RtsOw=Coaanls M Date: ROW RWd ❑ Us FE4&WdA�i&Tft Date•. REW RWd (ONl MW ayyucattM W d Md"M ncgacsts OW add W to tk P79t) P6W M*Rift 3 Of tlat al hCAUM aad anL_1aMUM M l: ❑ r)mdm of Pais&Remattoa Dal: ROW Reed '. ❑ NC G6dIVW amy sectim Dal: ROW Rind ❑ DtYISIOII Of MR*FtskC is DAtP ROldtd RWd `❑ WOO�Eotl&Walt Coasmattoa k LEA) Daft: ROW Read (o*acre qlkmum ad rjdft&m mptis tw add Iana!to dwpmw ❑ DtvJ O o ArrkM&Htstary D&- Ro" Reed (oath acre qylt emes) ❑ other: Daft: Radd Reed •O&geW Date for COnQMU. (W later Bum 25 days front ncagrt) ❑ Pltaa note tlu fallo": MA r �- Rs WILLIAMS Voice€ Fax(800)240-8550 !� P.O. Box i 90 fsctviro�tntr�ttal &Gctitlu};icai Services rug- Bath,NC 27808 May 24, 2013 www.WilliamsEGS.com Ms. Judy Wehner Assistant State Mining Specialist Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources r E1VED Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 LAND QU#,LITY SECTION RE: Proposed Herring Mine Brunswick County Cape Fear River Basin Dear Judy, This letter is in response to your November 12, 2012, letter requesting additional information re: the application review for the Herring Mine. I. Adjacent dwellings are shown on the revised mine map. Many of the adjoining lots do not have dwellings on them. The revised mine map indicates areas that have not been covered under an Erosion & Sedimentation Control Plan (ESCP). The remainder of the tract is covered under an ESCP. The access road now extends to the State maintained road as shown on the revised map. 2. Villanova Loop Road is owned by the applicant. It has been in their family for years. 3. The area where the mine is to be located has been cleared under an ESCP. Mining will begin in Phase I and continue through Phase II & III until mining is complete. A 6" pump will be utilized as the main dewatering pump. A dewatering basin will be located below the southeast end of Phase I which will result in water being discharged from the site. Proper permit appli- cations are being filed with the Div. of Water Quality (DWQ). riED STATES POSTAL SERVICE First-Glass Mail Postage&Fees Paid USPS Permit No.Cr10 ° Sender. Please_print your name, address, and ZIP+4 in this box ° z ® NORTH CAROLINA DEPARTMENT OF Uj W ENVIRONMENT& NATURAL RESOURCES `DIVISION OF ENERGY, MINERAL AND LAND RESOURCES F-- LAND QUALITY SECTION a ¢ 1612 MAIL SERVICE CENTER ` Q RALEIGH NC 27699-1612-+ 1740-7401 G g ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1,2,and 3.Also complete A- S8G+r stern 4.if Restricted Delivery Is desired. X, G 7❑Addressee L?j I Print your name.and address on the reverse so that we Can return the Card to you. a. Received by(Printed Nam I C. Date of Delivery Attach this card to the back of the maiipiece, or on the front If space permits. o, is delivery address dHrerent from ream 17 ❑Yes Article Addressed to: If YES,enter delivery address below: ❑No RR DAVIS C HERRING JR 23 ROBERT RUARK DRIVE Type DUTHRORT NC 28461 Catdled Mau ❑ Matt �]Mimed Paosipt for Merohartdlse ❑lr=red Mail 0 C.C.D. 4. Restrloted Delivery?(Extra Fee) ❑yes ArrtdeNumber 7[]I]8 �3ad �000 �,126 28�5 (rransfer f►Dm son*a kbo ` 3 Form 3811,February 2004 Domestic Return Receipt l 1-3 iozssso2�n tsao f RE: Proposed Herring Mine Brunswick County Cape Fear Raver Basin Page Two 4. Two deep (approximately 25') monitoring wells will be installed be- tween it and property line on the west side of the site. Two shallow monitoring wells will be installed in the wetland located near the pit on the southeast side. As noted above, a 6" pump will be utilized with the daily amount of water discharged being 500,000 gallons or less. If necessary, a small pump will be utilized to recharge wetland areas. The depth of the mine has been reduced from 30' to 25'. 5. Dust will be controlled by utilizing a water truck or other water app- lication equipment. 6. I have met with Chad Coburn, DWQ. The revised mine map wetland area that he was concerned about has been adjusted to his satisfaction. An Operation & Monitoring Plan has been filed with DWQ-WIRO. the General Permit for discharging water pumped from the mine area is being filed with DWQ. 7. A ± 9' high screening berm is located along the west side of the tract of land which was constructed under an approved ESCP. At your request, revised mine map shows the berm areas as part of the mine permit boun- dary. A locked gate exists at the access road. 8. The existing ± 9' high berm along the west side of the site is shown on the revised mine map as being part of the mine permit boundary. This will act as a screening berm during the life of the mine operation. Others have natural forest such that no additional screening is necessary. If you have any questions, please give me a call. Sincerely, Floyd R. Williams PG, CPESC, CPG cc: Davis C. Herring Enc: 3 copies of revised mine map AN • ` NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Pat McCrory, Governor Director John E. Skvada, III, Secretary March 21, 2013 Certified Mail _Return Receipt Requested 7008 1300 0000 1126 2805 Mr. Davis C. Herring, Jr. 823 Robert Ruark Drive Southport, North Carolina.28461 RE: Proposed Herring Mine Brunswick County Cape Fear River Basin Dear Mr. Herring,- We have reviewed the application and additional information you submitted for the referenced mine site. However, the following information is needed to continue processing your application: Revise the mine map to clearly what areas will remain under the aPproved erosion control plan. 2. The screening berm, proposed dewatering pipe and proposed dewatering basin must be included within the permit boundary. Revise the mine map to include these areas revise the plan to show proposed measures within the proposed ZJ permit boundary. An increase application fee of $1,500.00 will be required if the permit boundaries increase to more than 25 acres. 3. As previously requested, provide more hydrogeologic information in relation to mining to a depth of 30 feet, such as seasonal ground water elevations, cone of depression from dewatering activities, impacts to nearby wetlands and adjoining WV properties. 4. Provide proof that you have an approvable Operation & Monitoring Plan from the Division of Water Quality. 1612 Mail Service Center, Raleigh, North Carolina 2760-1612.919-707-9220.1 FAX: 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina 27604-Internet:http:Ilportal.ncdenr.oralwebArl An Equal Opportunity 1 Affirmative Action Employer—50% Recycled 110%Post Consumer Paper Klh Certified Mail Mr. Herring Page Two 5. The existing berm does not adequately address inadvertent access. Measures such as fencing and gated access are more appropriate. Provide details on how '"° . you intend to prevent inadvertent access to the site by the public, especially along the areas near the subdivision. 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 four (4) copies of the requested information to my attention at the following address: Land Quality Section Division of Energy, Mineral, and Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. 1, u ncerel dith . �e ner Assistant State Mining Specialist Land Quality Section Cc: Mr. Dan Sams, PE Mr. Bradley Bennett— DWQ Mr. Floyd Williams, PG, via e-mail Wehner, Judy From: James, Trentt Sent: Thursday, March 21, 2013 4:10 PM To: Wehner, Judy Subject: Herring Mine 10-89 Judy, I'm going to hit each item on the ADI letter and also any other concerns. 1. The revised map does not show where erosion and sedimentation control plans are located.There are actually 2 on the property. One (Bruns-2012-042) is associated with the airport project directly across the street and is included within their limits of disturbance.The second (Bruns-2011-042) is from Mr. Herring and encompasses a significant portion of the remaining tract. Also it is unclear whether the berm is too be included in the'mine snap or keep it under the current plan. 2. The affected acreage for the haul road did not change on the new map,just wanted to make sure this is accurate with the addition of Villanova Loop Rd. It seems to add up to about 1.6 acres to me. 3. Under Mr. Herring erosion and sedimentation control plan drainage swales have been constructed throughout the property. As long as these are not used for dewatering or otherwise allowing sediment to leave the mining permit area then erosion and sedimentation control should be minimum. 4. The revised map shows a new dewatering pump and basin,this needs to be included within the mining area. Also it is unclear how the basin was sized and if it will be adequate. 5. No comment to his response. 6. 1 spoke with Chad with DWQ and he received the 0&M plan but not sure if he has reviewed it yet. 7. No comment to his response. 8. No comment to his response. Let me know if you have any questions. Thanks Trentt Trentt James Enviromental Senior Specialist NCDENR- Division of Energy, Mineral, and Land Resources-Land Quality Section 127 Cardinal Dr Extension Wilmington, NC 28405 (910)796-7227 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 Wehner, Judy From: Wehner, Judy Sent: Thursday, March 21, 2013 2:20 PM To: 'Floyd Williams' Subject: Herring Mine Attachments: 10-89 adi 2013 2.pdf WE need to better address some things. Call me with questions. Judy Wehner Assistant State Mining Specialist 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 (919)715-8801 fax ----------------------------------------- E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. MINING CHECKLIST FOR ROUTING A)yhCWNS Naau: DAVIS&AAARPr�tet NAllu: . A�*Iptr1Nf N. owDd9 Rom; RC191�r[r: RIME B&O SAW. ` J NC1r ❑ RC�ftNAI ❑ � (ixstdcytrn d 6mimtts) r4j, ffl❑ Md fkami(oNtstdt�trrntt ) ❑ Trmrsfu ❑ Rduz ❑ Pm'tLd Rticasc Adds ONO t foMdM ❑ Fa NC&L$ ❑ Fa RudwL t ro k 9pkqum t to: Rt lmW c fftu (z mmyW wyla-,attack tkc%s Rgtmd offia mi"V&am putom c6a&to mac eg y and&4k w t6 DWQ,aad DAQ Menem AllkW ton RE&W Form'to the Au myr,and both copy to t6 Rgmd E*W) DAL: Rmttad RtC'd ❑ DtY 9N#WdV Rtsox= DAL: RAWJ*�, RWd ❑ NC Wdqt Reuel m COtndwon DAL: ROW RWd ❑ US FLflt elk WW service DAL: RMW Rwd (0*ncs ajyitcaum and moOc&m refuges that add i+o:d to dwy,Crmtt) Please M*N.3 of flee Apple 4UN mtd M kd M mates tP ❑ Dt9ft I PATS elk Rt ndime DAL: Ro W RWd ❑ NC GtOW&tMY SeCUM D4fV RONW RWd ❑ Dt9WOx Mo t ftherta DAL: RxW Rwd ❑ DbLsfm!Of soil do WAftr Coxw"Aftan (pluS LEA) DAL: ROdLd Rerd (0y rmv qykcam ad modocAm rrR w&that add land to dwprmw ❑ Dt9i A O ArCkW ell:HistOr' DAL: RMW RWd (only aw ayitcaum) ❑ otkm DAL: ROW Rtrd "*S"em we f" COMtTltl u. oL� o��io�(n0 laLr thmt 25 dAyf c ❑ P6z note flu b" r LLIAMS voice I Fax(800)240-8550 Environmental & amk3gical krviccs rut: P.O. Box 190 Bath,NC 27808 www.WilliamsEGS.com March b, 2013 Ms. Judy Wehner Assistant State Mining Specialist Division of Energy, Mineral, and Land Resources NCDENR 1612 Mail Service`Center MAR 0" 2013 Raleigh, North Carolina 27699-1612 1. LAND QUALITY SECTION RE: Proposed Herring Mine Brunswick County Cape Fear River Basin Dear Judy, This letter is in response to your November 29, 2012, letter to Mr. Davis C. Herring, Jr. requesting additional information re: the Application for a Mining Permit for the Herring Mine in Brunswick County. Following are responses to the eight (S) items listed in your letter: 1. Adjoining property dwellings are shown on the revised mine map. Please note that many of the adjoining lots do now have dwellings on them. All dwellings are connected to public water. The site is under an approved Erosion and Sedimentation Control Plan. A request to remove the proposed mine area from the Sedimentation Pollution Control Act to the Mining Act is in progress. The revised mine map now shows Villanova Loop Road as being within the mine permit boundary. 2. The applicant, Mr. Davis C. Herring, Jr., and his sister, Mary H. Childs, own the Villanova Loop Road right of way. A Land Entry Agreement for the road is not applicable in this case. 3. The initial clearing of the proposed area was accomplished under an approved Erosion and Sedimentation Control Plan. It is my opinion that no sediment control measures are necessary for the r RE: Proposed Herring Mine Brunswick County Cape Fear River Basin Page 2 mining area. Villanova Loop Road is already provided with crushed stone. An application to discharge water pumped from the mine area is being filed with the Division of Water Quality. The proposed depth of the mine has been reduced to 25'. 4. The revised mine map shows detail and approximate location of dewatering pump and dewatering basin. A six (6") inch pump will be utilized to dewater the mine area. The pump capacity will be around 1,400 gallons/minute with 500,000 gallons being the maximum amount of water discharged from the site on any given day. Pumping will be held to just under 6 hours/day. The two areas of wetlands near the proposed pit will be monitored as re- quired by the Division of Water Quality and recharged as necessary by mine water. There will be no impacts to adjoining properties from the dewatering activities. 5. A water truck will be available and will be utilized if necessary to suppress dust. 6. I have meet with Chad Colburn with the Water Quality Section and the revised mine map has been adjusted to show the corrected wet- land alignment that Chad mentioned. As mentioned above, a draft Operation & Monitoring Plan has been sent to Chad for his review. Also, the Application to Discharge (NPDES) is being mailed to Di- vision of Water Quality in Raleigh. 7. A ± 12' high berm has been provided under the approved Erosion and Sediment Control Plan along the west side of the site which acts as a visual screen and prevents access from the homes adjacent to the west side of the site. 8. The berm mentioned above is adequate for screening. Only one home exists along the south side of the site and natural vegetation screens the property. r RE: Proposed Herring Mine Brunswick County Cape Fear River Basin Page 3 I hope the above responses and revised mine map will be sufficient for the draft permit to be issued for the proposed mine site. If you have any questions, please give me a call. Sincerely, Floyd R. Williams, PG, CPESC, CPG cc: Mr. Davis C. Herring, Jr. Enc. Revised Herring Mine Map (3) COMPLETE •MPLETE TH)S SECTION ON DELIVERY ■ Compiete Stems 1,2,and 3.Also complete A. SWMWM Item 4 If Restricted Delivery is desired. ❑�t ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Reoehred by(Printed } C. Date of Delivery ■ Attach this card to the back of the mallplece, L !-�c r Al C. or on the front if space permits, D. Is del'nrary a different frorn Item 1? ❑Yes f. Article Addressed to: If YES,enter delivery address below. ❑No MR DAVISpC"HERRING 823 ROBERT RUARK DRIVE SOUTHPORT NC 28461 3' nwan ��Iwa�t RegMered Receipt for Mwdmxflw ❑Insured Mall dI C.O.D. 4. Reotcted Delivery?P=Fee) 0 Yes 2. Article 3r ftM 7008 1300 0000 1126 2003 P5 Form 3811,February 2004 Domestic Return Receipt ! I 3-4)'=%-0z�-';10 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box• NORTH CAROLINA DEPARTMENT OF ; ENVIRONMENT&NATURAL RESOURCES'-,' ESOURCES;'„ DIVISION OF ENERGY,MINERAL AND LAND=,, D RESOURCES LAND QUALITY SECTION r � 1612 MAIL SERVICE CENTER _ 7 _ RALEIGH NC 27699-1612 1740-7401 f t ,� s t 0 A47oA NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Beverly Eaves Perdue, Governor Director Dee Freeman, Secretary November 29, 2012 Certified Mail Return Receiat_Requested 7008 1300 0000 1126 2003 Mr. Davis C. Herring, Jr. 823 Robert Ruark Drive Southport, North Carolina 28461 RE: Proposed Herring Mine Brunswick County f_ Cape Fear River Basin Dear Mr. Herring: We have reviewed the application you submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. Revise the mine map to show the location of the dwellings on adjoining property, any wells on any adjoining properties, and the location of the previously approved erosion and sediment control plan. In addition, clearly include within the permit boundary the access road to its intersection with the state maintained road. 2. If Villanova Loop Road is not'a state maintained road, obtain a land entry agreement for all owners, right-of-way or easement holders of said road. 3. Provide a more detailed mine plan that includes the mining phases. The application refers to pumping pit to pit but does not indicate more than one pit. Provide erosion and sediment control measures for the initial clearing phase and subsequent phases. Explain how the 30 foot mine depth will be achieved without discharging of pit water. Provide the storage area of the receiving ponds, leaving a freeboard of one foot below the surrounding ground surface, if no discharge is proposed. 1612 Mail Service Center,Raleigh, North Carolina 27699-1612-Telephone 919-707-9220 l FAX:919-733-2876 512 North Salisbury Street, Raleigh,North Carolina 27604-Internet:http:llaortal.ncdenr.or4lweb/lrAand-Quality An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Certified Mail Mr. Herring Page Two 4. Provide more information and details regarding the dewatering activities. Provide the make/model of the pump to be used, pump capacity, hours of operation, pump location, discharge points, etc. Provide more hydrogeologic information in relation to mining to a depth of 30 feet, such as seasonal ground water elevations, cone of depression from dewatering activities, impacts to nearby wetlands and adjoining properties, gallons per day extracted, etc. 5. Provide more information on dust suppression during mining activities and on haul roads. 6. Provide proof that you have resolved any concerns raised by the Division of Water Quality. Please find enclosed comments received from that agency. 7. Provide details on'how you intend to prevent inadvertent access to the site by the public, especially along the areas near the subdivision. B. Provide screening methods that are within permit boundaries. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Energy, Mineral, and Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. f r • • Certified Mail Mr. Herring Page Three Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. Sincerely, n !� J dith A. Wehner Assistant State Mining Specialist Land Quality Section CC' Mr. Dan Sams, PE Mr. Bradley Bennett — DWQ Mr. Floyd Williams, PG Print this form to PDF Re PbP of this form to DLR CO by email.cc DLR RQ D 5PLl. Send a copy to the permittee. MINING P RMIT APPLICATION R IEW FORM for the DIVISION OF WATER QUALITY 1 THIS SECTIOU TO BE FILLED OUT BY DLR: Project Name; erring-MLne DLR Permit# ano#: 10-89 County: Brunswick Applicant's Email:. Floyd Wil is s (consultant): fla dwiliiamsl mall.com Applicant's Mailing Address: 823_Robert Ruark Dr. Southport, NC_ 28461 Mine Physical Address:- office address given same as above YES NO Date Commencing Is this mine a new mine? r Have land disturbing activities started? Date? f Latitude: 33.93661 Longitude: -7§,07272 Please return comments to (at DLR CO): Judy Wehner Comments due by: 101 12 SECTION BELOW TO BE FILLED OUT BY D IW9: Is the RO concerned that the operation, as proposed, would violate standards of water quality?� Comments: i nyc,d 14014 w6wti i+rru cko'Ua ! b� p 4-, WtLAs ma"-}rir;n . Watershed/Stream Name & Classification: Ctl'('� `�'� UC60�1+��e�k ti$'$0��!•3-3-I SL)Swy ND.w 2- uT-b 13��4tc�v�.{cs�k IB•l $»q•i -Co,s S DWO Compliance Status of Mine: Does this mine (or previous owner) have DVQ back fees to pay? Ny If yes, amount: Is this mine an active permit in SIMS? r YES_.. NO- r , NPDES permit.existing? r (Permit# ) IW , Should permittee contact DWQ ROd Immediately? (e.g. to schedule a site visit if RO Contact Name: Coburn r , mine has already begun digging or Is Contact Reason: �glp 746JTM ewatering without DWQ permit) 'Vetland Cent, existing? t n�a °� `�'� r Permit# " r 9n1 n Prfnt this form to POP Rot PAP of this form to DLR CO by entall.cc DLR RO,OW SPU. Send a copy to the permlttee. 1 !I RAu RAn4AmhA►Min Print this farm to PDF Re J6.PDF of this form to DLR CO by email,cc DLR RO, D PU. Send a copy to the parmiltee, YES NO 1 = I Does DWQ RO suspect or know of nearby 11Mup Vv"I- wetlands to the site? i5 5,i h i�c 1 1 . 1 Stream Determination Needed? !"' 1 AJ/A 1 1 Does DWQ RO need a statement that no wetlands/streams are disturbed �1 0,� `ar>te� r 1 for this project from applicant? Buffer Determination Completed? 1 New Recycle System permit requirI r- 1 - Enough Information to determine?--"') na Does this applicant need to contact the aSL9a1I fASL PiunS eX 41 (Ne.LEa.P k4o ,rniII V e-% regional of Central'DWQ Office to TIC., 0.-rF0r4• r I� nS.Qt7ta_pcl determine if a State Stormwater'Permit is needed? I- Doll-dy •• nknown. Will wastewaters discharge to HQW waters' �- 177 ,7Q10 Permittee with a 7Q10=0? Flow: mustdetermine. rl 1 . 1 - 1 1 Mine must wait to dewater until an O&M plan is r 1 r I approved? *The LEDgSSWMndWW#2arm1tNQG02QQQ coversloseddoo c1 s stems deIo exclude all stomoto vn-pfffrom s s e operate orbelow twI ofk9eboard• Theses stems may be e i ed b a Non-disch ftycle S $t m PennIf hym,the Artulfer Protection Section(APS), OR may Instead be nermrtted.un—der NCG020000 to eliminate an additional pe It, i PAU GARIAmhoI Print this form to PDF Re PDF of this form to DLR CO by email.co DLR RO,DWQ SPU. Send a copy to the permute&. Recvcle systems that do not most t_ho�dteda are considered discha► ino systems, and0sublect fo the NCG020000 dls_hems hermit. "To obtain 7Q10 flows,permitteas must contact the DWG?StormwaterPe►mitting Unit. if t7WQ does not have a pow estimate fora specific stream,permittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS:919-571-4043, for more Information on obtaining a 7Q10 flow. USGS will not determine a 7Q10 flow for tidally Influenced water bodies. If them Is not eag hh Information to give a complete answer. write In the space provided what you will need(Q an wer this question of Lin.the-auestion below, Reviewed b�f: r'r DWQ RO Surface Water: ✓ Regional Office: u, c �, Date: a71 r2 RO Aquifer Protection Section: Regional Office: Date: SPU DWQ Central Office Reviewer(if applicable): Rnv 4nntAmhnr 2nin f..r{. lo 5' - .i r.. Y „ = , hr.:�.+'y fi.�' p �1F � f fre }.nn' 'S jw -- Lt'• tt ! ,+ t �, P. -� j�` ,' �j .i::r�'y'kF�.�K'.v �'� ,'!5 a.ru *,�.� S�3;r ntrr.' 4,�� h'}' ? {a a _ -c r 1.!.'• 4�6 r s=:S.T•r"I - �E'•�E"F , -i i I/ .J 8G.l A kd` j 4 1 f I: t { -A f- ' a ,.7�, •.I.,`]p y- rZ + �' m tI oq > +kc., 'mu S l7 bM wcd r �7jo,r -A Er+ 411�dl�s'.��Mop1�,��pr. � : �a�aat�nm� �vouralr,�+ gm r { Pr,al�rr�liiary:lN�tlr rid, q�iri ma I VC CI1Q89 4CfI7 1 /23/0Y ' 5 Wehner, Judy From: Wehner, Judy Sent: Wednesday, November 21, 2012 3:27 PM To: Taylor, Kenneth Subject: Herring hearing Summary Attachments: 10-89 public hearing summary.docx Here it is. I will bring you the hearing info. Judy Wehner Assistant State Mining Specialist 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 (919) 715-8801 fax ------------------------------------------ E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.' 1 1 Wehner, Judy From: Wehner, Judy Sent: Thursday, November 29, 2012 4:02 PM To: Floyd Williams Cc: Wehner, Judy Subject: Herring Mine Attachments: 10-89 adi 2012.pdf Here's the letter. Call with any questions. Judy Wehner Assistant State Mining Specialist 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 (919) 715-8801 fax ------------------------------------------ E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 11-06-'12 11:30 FROM-DQ Wilmington 910-350-2018 T-912 P0001/0002 F-345 Depa nt of Environment and Natural Resoces Wilmington Regional Office Beverly Perdue, Governor pee Freeman, Secretary FAX COVER SHEET Gate: No. Of Pages: To: From: NCDENR ya rzz. CO: CO; FAX #:_ Ig- 7�r a FAX#: 910-350-2004 REMARKS: 127 Cardinal Drive Extension,Wilmington,M.C.20406-3545 Telephone(910)796-7216 Fax(910)399-3964 An En—'Opportunity Affirmative Action Employer R 11-06-'12 11:30 FROM-DENR Wilmington 910-350-2018 T-912 P0002/0002 F-345 �- MINING PERMIT APPLICATION REVIEW FORM for DIVISION OF AIR QUALITY Project: r[C ram, Xt I r+!t County: c, ` "'Due Date for Comments Back to Land Quality Section: + Will the operation, as proposed, violate standards of air quality?_ Comments: YES NO Air permit required Air permit existing tPermit 1 Other Comments:A�OP N. ��i!«�� �VS - Reviewed by: Date: Print Name: i urs000 NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Beverly Eaves Perdue, Governor Director Dee Freeman, Secretary September 7, 2012 MEMORANDUM 0OAc--t''�S TO: Mr. Peter Benjamin REkC = i ED Application Review Coordinator U.S. Fish and Wildlife Service NOv 0 a 'LUl2 FROM: Brenda M. Harris Mining Program cr LAND QUALITY SECTION Land Quality Section SUBJECT: Mining Permit Application for Davis C. Herring Jr. Herring Mine Brunswick County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by October 1, 2012 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibmh Attachments cc: Mr. Dan Sams SEP 1 t 0P 1612 Mail Service Center, Raleigh,North Carolina 27699-1612-Telephone 919-707-92201 FAX:919-733-2676 512 North Salisbury Street,Raleigh, North Carolina 27604-Internet:htti),.//i)ortal.ncdenr.org/web/ir/land:gual*ily An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110% Post Consumer Paper • i STATE OF NORTH CAROLINA Department of Environment and Natural Resources FILE ACCESS RECORD ;W) SECTION DATE/TIME NAME o A i REPRESENTING Guidelines for Access: The staff of the Central and Regional Offices is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following before signing the form. 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment for file review so.you can be accommodated. Appointments are scheduled between 9:00 a.m._and 3_:00 p.m. Viewinq time ends at 4:45_p.m. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You must specify files you want to review by project number or name, as appropriate. The number of files that you may review at one appointment will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is 2.5 cents for ALL copies if you-make more than 25 copies — there is no charge for 25 or less copies. Payment is to be made by check, money order, or cash in the administrative offices, or upon receipt of an invoice. 4. Files must be kept in the order you received them. Files may not be taken from the office. No briefcases large totes etc. are permitted in the file review area. To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign-in, and receive a visitor sticker prior to reviewing files. PROJECT NO. 1 PROJECT NAME COUNTY 2. 3. 4. 5. 11 %& ign turelName of Firm or Business Date Time In Time Out Please attach business card to form if available 1 MINING-CHECKLIST FOR ROUTING AghWttl NMt: AAAw 31 ' `� Pttrptt Nam. AylklPtrinit Na.: C� DeRtt RtGttiAll; RIVLgNF': RiYtr SAfII!NA1!![: "to ❑ RMNal 0 mdowum (in hyermtt barm&la) V,Mmdomtta (mb-1 C bxtrtdarta) ❑ TTa* 0 Rduut ❑ Panel R&M ❑ Additianal*rr WUM ❑ Ftt Nadtd: $ ❑ Fa Rt IRL $ itt pdtrt �ttattare a t to- 4NMIOd Offia (z Mlodg Mykk,auuck tkt%M ttrg Rd Off a"A#[COM RC&W ckuww t0 ft mly 6d dtak_tkt DWQMd DAQ"M"A#kdfnt Rerkr FOW to th Oka rol;nd bA Coyla to t6 Rgtod EWW) DAL- ROW Rwd ❑ Di9WM of Wdff RtsoU= Dah: RAW RWd ❑ NC Wlldlift Raou =COMWIM Datt: RMW Rwd ❑ US Fish do Wildfft strvicc Datt: ROW Rwd r (0*aw qykcam odmd"m mptaft U add W to Oxyffm ? P69 TMU first 3 dw appltmnm and M rardim! r tp ❑ Dtdikg of Paris&RCONUan Datt: RAM RWd ❑ NC GwW Stn g secu r[ Datt: RMW Rwd €- ❑ Dtt►t O° Martxc Fi keft Ddt.. RMW RWd ❑ Dtt+9M�Sd&water Canst IUM ( its LEA) Datt•. RMW Rwd (01#mw qybc&ou ad RX*Cgum mpw&&d OU W to tk rmw ❑ Df SIM ofAMHM&Hfstorj► Datt: ROW RWd ❑ odor. Daft: ROW Rcc'd **Suss= Dater C01i0 MU- AS B e EOP (no Wff than as dais from mvO .Ire" ❑ Pkaat na&flu frA "-. - 1, Adjoinin2-Pro�pedy Owner List ''`�� LINSL�f � NV J 1 Town of Long Beach 49 Mr. Richard A. Morschauser Shelia E. Swanson & Martin B. Heller ET Helen J. Morschauser ,,311" David G. Skehan Mr. Thomas Cambria ✓4 Joseph W. Pierce ETUX Linda Cambria Mr. Robert C. Wagoner, ET 20 Mr. Michael S. KeZenzel ze • Gladys F. Wagoner r J./ Lourente B. Tigas ET Janet Tigas 21 r. Calvin E. Smith V! Lourente B. Tigas ET Janet Tigas ETUX Kathleen Smith Mr. Fortunato R. Macatol, Trustee r. o Mr. Fortunato R. Macatol, Trustee EILLXZarl H. G Mr. Fortunato R. Macatol, Trustee 23 Mr. David Miller Mr. Fortunato R. Macatol, Trustee ETUX Kay S. Miller Mr. William K. Walsh 4 St. James Plantation Property Owners Assoc. 33 Mr. Walter J. Taylor, Trustee � Clubs at St. James Plantation, LLC V 4 Mr. Davis J. & Deborah C. Larsen Mr. C. E. Hartman 5 Mr. James Belvin Z1 Mr. C. E. Hartman ETUX Bertie Belvin 28 Mr. Joseph Spencer 6 Mr. Eric A. Summerville Ms. Josann A. Campanello ET Rosann Summerville 0, Mr. Hassan Ezzeddine �. St. James Property Owners Association, Inc. 71 Brunswick County Airport Commission OCT 11202 I f.ND QUALITY -7 v" 0 ENDER: C041PLETC THIS SECTION I Complete items 1,2,and 3.Also completeA Item 4 if Restricted De[very Is desired. ❑Agent r Print your new and address on the reverse 0 Addressee so that we can retw, the card to you. 6L ReoeMad by 44MW MwieJ C. Date of Ddtmy . r Attach this card to the back of the mappfeoe,rk or on the front If space pwr ta. g thi D.Is dMvery address ent n 1? ©Yes Article Addressed to: if YES,enter delivery address bebw.. C3 No Town of Long Beach r 4601 E. Oak•Island Drive Oak Island;W 28465 a ma ❑awress mar / 0 FaMstered 0 Radar Rwdpt for Manse O ftwea man 0 C.o.D. 4. ResGiciad 0aureM aDrDs Foe) 0 ft ArUde Number i' ftn senWloe bbe0 7009 2820 0000 6216 8731 rS Form 3811,February 20D4 Domastlo Paturn Reoetpt ■ (brnplsb Items 1,2,and 3.Abo complete A. itam 4 If Reaft I A It Delivery Is dashed. - U rs Print yota name and address on the reverse A SO tf S8t VY9 C8t1 trattlT the Card to yOtr B {P►6rLEfC AEenry C C. Dat- • Attach this card to the back of the mallpiaoe, or on the from If apace pemslts. 1. Ardde Addressed to: D. is deRmy addrassdiftereM ? tf YES,ertrerdanveryaddress q��+ Shelia E. Swanson V &Martin 8.Heiler i a ----- 0 omwed Mali 0 l3 Man 5160 Swashbuckler Way p Riglas i 0 Retrrm Reoelpt for Mere mndise JSOUthpoM NC 28461 0 lsured Mae 0 C.O.D. - 4. RaWk tad DeiMeyr{litre FW 0 Yes z w=r Erur M 7011 2000 0001 7073 5169 •: frnM service tal j . PS Form 3811,February 2oD4 Domestic Return Reoefpt 1a2eeekra �e4ot .')ENDER: COMPLETC THIS SECTION I ttern Compl If ete � 0�t ; 6 Print your name and address on the reverse X MO addressee . so that we ran istu n the Card tD Ddhwy th I Attach this Card to e back of mffiiplece, $ R°0d��{ C Data of or on the front If space permits. D. is dMhwy sr1' - e dHfeent from Item 1? ❑11�9 1. Arttde Addressed to tf YES,eater dw%,wy address babes: C3 No David G.Skehan' 3709 Heroin Cir`cie' a Swim Type South rt,NC-28�46l 0 cued Meg 0 EWm Man 0 Ragiatered 0 Rstum Reoalpt fbr Medsmlde ©instead#tan 0 C.o.D. 4. PmMk ed DeDwry?6"FeW 0 Ma MwMwftMsarvloe label} 7011 2000 0001 7073 5176 {lransrbr ran IS Form 3811.February 2004 Domesve Rattan Reoelpt 10259 5a24A-15W�` r . . , . • 1 Gorrtplete items 1,2,and 3.Also=npleta A kern 4 If Restdcted Deltvery Is dashed. X GJ , k"� 0�t 1 Pnrrt your name and address on the reverse so that we Can return the card to you. P~ 1 Attach this card to the hack of the maliplece, bsc rah(l,*> i�fr D or on the front tf space permits Article Addnssaed to: D. Is dehvey address ditu from darn 17 If YES,enter dervery address below: E3 No Jweph W. Pierce P.O. Box'10955 3' Service lype E3 owned man 13 man . SouflgxwE NC 28461 0 Registered 0 Retran Reoetpt far Mardandise - — 0 insured Mai[ ❑C.O.D. 4. Roaniated Dellvaryt(D"Fee) 'b Ym'ArWe Number ' ; Mvnftr mvko hW 7011;" 2000 0001 7073 5183.. � s Form 3811,February 2004- - Domestic Retrrm Rewipt 4 i ■ER: COMPLETE MIS SECTION • • ON DCLIVEW 1 Complete Hems 1,2,and 3.Aiso complete ;z- so learn 4 ifRestricted Del"Is desired. ©Agent 1 hint your nameand address on the reverse !Addressee last we can refum fig c wd to you. a eeoAved by(rarMd Afmrra) a Date of D*# y k Attach this card to the bad*of the mailpiece, ` or on the front If space permts. D ditierent t=item 1? 0 Yes k Article Addressed to: addmu below: ❑No r Mr. Robert C. V�agoner,ET ' J� Gladys F. Wagoner P. 0. Box 135, Mrelrwl 0 Bvm=Mai! Misenhei r ,NC 28109 0 RegMWW ❑Regan Reoetpt for MerawK tee 0 maned Mom 0 C.O.D. 4. Restricted DelNery9(M Fo) E3"a Article Number 7009 2820 0000 6216 3637 ,&Form 3811,FeN ugly 2004 Dorrrestto Return Recoot . ISECTION Corttplete items 1,2,and&Also complete +4 ftm 4 ff Res 1cted Delivery Is desired. e Print yore name and address on the reverse X _ Cl Addressee so that we can return Ow card to you. g by(PdoW lYrnr W C.Daft of Delnrary tt Attach this Card to the back of the rnatl gem or on the front if space pemtits. C•� y D. Is debery address f}ofn kern 1? ❑Yes Article Addressed to tf YES,enter ua below: 0 No ; 1,0UM,r a B.Tigas ET Janet Tigers a Samba Type 330 Quail Court 0 ceded Mau 0 P Md ©Registered 0 FtMurn Remats for Mmhw4 1 LRRussell,KY 41.169 0 marred MaD ❑ao.D. i 4. Rmbt tad DWW yr jMOn Foo 0,e,s � r t�rr kw 7011 2000 000�7073 5204 f s Form 3811,Fatxltgty 2004 Donleaiio-RGWM •tc ieea ENDER: COMPLETE THIS SECTION COAML MiS SEG F10.7 OUDELWERY I CortipieEw itsnta 1,2,and 3.Also cornplete A. item 4 If Restricted Delivery is desired. X nn 0 Agent me E print your na and address on the n3mm �. /7 ?01 p Addmsm so fleet we can return the card to you. by( Mier* Q Date of Delivery 1 Attach this card to the back of the ma11pWx6 or on the front ff space permits Artiela Addressed to: D. is deflyery different from lrertt t? ❑Yes M YES,enter deuvmy address below: 0 No i . Mr. Fortumto R Macatol, Trash 5 Hickory Lane a SHVIMIwm Marietta, OH 45750 0 owmw flan o Express Man 0 Re9161erad 0 Retum Reoetpt for Mwfty w !a 0 htmed Mall ❑C.O.D. 4. Resirlded DeWmy't p tra Fee) ❑Yes " ArdeW um 7009 2820 0000 6216 3620 (ttm-awarrster frnrn rt aervlea rsbalJ ,S Form 3811,February 2w4 Domestle Return Reoelp7 1 Complete items 1,2,and 3.Ahm meta A- S item 4 if Restricted Deltmy is desired. �_ - rr i, 0 Agent 1 Print your name and address on the reverse X J 't.,4 Addressee_, so that we can return the card to you. bS vW by(Rfrned NwxQ C. Date of Delivery . 1 Attach this card to the track of the mailpiece, or on the front If space permits. D. is deavery address dnwartt dam usm 1? 0 Yes Ardole Addressed to: it YES,enter dellumy address bobw.. 0 No Mr, William K. Walsh 3734 Winstead Circle Swvkm Iwo ma South port;'NC 28461 0 comw ma o PAmm PaoaV*wMw*wm ese 0 insured Mau 0 C.O.D. E 4. Restrtated DeU+Aaryr 0Flrtra FeN 0 Yi3s ' ArticeNumber• 7009- 2820 0000 6216 3613 olaww ftm servloe AIW �S Form 3811,February 2004 Domestic Regan Hoeft 102596402-W1840 ;ENDER: COMPLETETHIS SECTION ■'Comptate items 1,$and&Also ate a Sombm item 4 if Restricted D011MY is dashed. ■ Pdnt your name and address an the reverse 0 so that we can rieturre the card to you. g• R *4od by(per A6rW EIDI a of Delivery ■ Attach this card to the back of the manpieoa, ; or on the front if space pennils D. is delivery addmn ditrenttrom bm 1? U Yids 1. Ardale Addressed to: tf YEs,errm delivery address below: 0 No - Waiter J. Taylor, mstee Winstead.Circle a. Smice � TAM Southport,.NC 29461 0 cermed Mau o p Men ` C1 Ragt tmd 0 Ratu rn Rw*t for Marahandbe ; 0 huaured Man 0 c o.D. 4. fteatrlated Delvery?pft Aw 0 Mw z Artide Number 7099 2820 0000 6216 3606 {lrwnfarfnmservlcobw -- - - ' PS Form 3811,Februmy 2004 Dwroetla.Reaun Receipt - _ 1026e6-0�IiF1e�Dt. !SENDER� COMPLETE THIS SECVON • Cornpiete iterns 1,2,and 3.Also complete +a item 4 If Reshicted Delivery Is desired. 0 Agent ■ Print your name and address on the reverse wee ' so that we can return the card to you. B. (Rkded Name} C. Dube of Ddvery . Attach this card to the beck of the mailpW)% .12, or on the front if apace pemlits. D. Is delivery add<eaa draront them bm 1? ❑Yes f. Article Adcfesasd toc tf YES,enter dWvwy address below. ❑No Mr. Davis J. &Deborah C.Larsen ; Trustees . -- 709 Sturbridge Court a servke Type Purcellville, VA 20132 ❑cerUW Man ° &W ' ❑Registered o Rattan Recoot for Mix almic se C]Insured Mail ❑C.O.D. e> < 4. Resbkftd DBnvagR(&"Fee) ❑Yes Article NUmber M 7009 2820 0000 6216 3590 (Aans>•er riven serviice!�} . PS Form 3811,Febnrary 2004 Domestk Rebms to�poe era itl�o�, • r ON g Complete items 1,2,and 3.Also complete A, item 4 If Restricted Delivery Is desired. . Q Agat A eaee g Print your neme and address on the reverse so that we can rstum the lord to you. B. I by(PMW Name] s Attach this card to the back of the mailpkM or on the fnartt if Spam permits D. is dettvery addrw Mae. tan item 1? C] i. Article Addressed to: if yES, ,aftess bow; C]No 'Mr. Eric A. Summerville At ET Rosann Summerville serwo ,yPe 4157 She"ater Way o Comities Man 0 Swm Man Southj�it, NC 28461 °PAWWW °Rubon RSOMptfor""frdWdn C3 h=Md Man C]C.O.D. 4 Restricted DeWeW rt M Fee} C]Ybs ' Article mefnfw flom swvke law7flfl9 2820 0000 6216 3576 _ ----- ---- _ �s Form 3811,Febnu 2004 Domestic Return RweW tG25OW4&1540 ' . DELIVERY SECTIONSENDER: COA,7PLETE THIS ■ Complete items 1,2,end 3.Also c+onuplets A• item 4 tf PASWoted Delivery is desired. Addressee Print your name and address on the reverse so that we cart return the card to you. EL �r N�rre1 C• ■ Attach this card to the tack of the mallplece, _ s r t Z or on the front If epaoe permits. D. m eac>taes Item 17 , 1. Article Add=MW to: I Y644 anent delivery address below C]No St. James Prppe-jty Owners Assoclation, C. 3628 St. James Drive a ser"00TWe Southport, NC 28461 °ce ft Meg ° Md 0 Reglsmred 0 Return Retror 6Aeroi�rrdeee / i7 Umm d Meg ❑C.O.D. 4. Rashlcted D~pft Fe W, 0 Yes 2- Article NAffbW r ham�ervioemt>ar1 _7_009 2820 0000 6216 8885 Ps Form 3811,Febusty 2004 _Domestic Retum RecW io •►t�gw ' COMPLETE •N COWPL MIS SECTIONON• l Corrfpk to items 1,2,and 3.Also oorf ate A , Morn 4 If Restricted Delivery Is desired. 0 Agent i Print your name and address on the reverse + •`*��t�Addressea so that we can return the c wd to you. M Reoefved by(Afraed NZ* C.Date of Deovery I Attach tilt nerd to the back of the mailpkm, or on the f=d If space permits Arttcte Addressed to D. is delivery addreee cWerent lram item I? 0 Yb9 If YES,enter ddWq eddreea below: ❑No Mr. Richard A. Morsohauser ET Helen J. Morschauser I,, 3. service type 4540 Regencyr Crossing ❑OweWMan ❑ tan ; SouthpqrtoNC 28461 is Posubtwed ❑Return Paos t for Marafmndiae Cl kwured Man ❑C.D.D. 4. Restricted Denvery?(E M Fee) ©Yes ' ' 7009 2820 0000 6216 8878 (r►arrsW fur m servto kbegi 5 Form 3811,February 2oD4 Domestlo Return Receipt 102505.02-Wise0 ' L COMPLETE • CO3%F'PLETE THIS SEC TION ON 0 Complete items 1,2,and 3.Also complete A. Item 4 tf Restricted Delivery Is desired. X ■ Print your name and address au the reverse O Addteaaee so that we can Mum the card to you. B. Rooekie d by(Rdaed Amur) C. Date of Daevory ■ Attach this Card to the back of the mailpkm, mac. or on the front if space permits D.Is d*my address corerent from earn t f. Artfde Addressed Oo if YE3,enter denvery address below. ro __ r - it 1„y1.999g W._Thomas Cambria ETTUX Linda Cambria 240 Faulkenburg Avenue I i*O.D. man Forked River,NJ 08731 for te•i C� a PftFW ©'Ybs'l_- ' ArWe Number 7009 2820 aaaa ..6216 8861{lhensJleritnrnservfoefeiDeQ ,.,r'i•.f 'S Form 3811,February 2OD4 -nm miaric Return Re- tpt tnz:;a�ox nano rCOFOPLETE THIS SECTION • • I Complete Items 1,2.and 3.Also oonrplete A ttem 4 If Restricted Dsnvary Is desired- t e Print your name and address on the reverse X 0 Agent0+addressee so that we can return the card to you. g by, C.Date of 00MY a Attach this card to the back of the mellpbm y or on the tront if space permits. D. b delivery eddratis dHferant Kara Item 14 El yeft 1. ArUde Addressed to: _ tf YES,enter delivery address below: 0 No Mr. Robeft),U'Garr ETUX Carla H. Garr rvion TWO 4532 Regency Crossing s CwbTAdd Meg o men Soutliprn't, NC 28461 D Roglals Return RwW for Mortfa 0 hmxw reran 17 C.Q.D. 4' Rasbt tad DeMoery?AWw FeW 17 Ya > ArWe Number 7009 2820,:Uaba�- 91-6 :.8823 Mw afer ftam survke bw - :i3 Form 3811.February 2DD4 Darrestte FhRu n Receipt Complete Iterrss 1,2,and 3.Also oompiete F 111 r Item 4 if Resf ted Delivery is desired. X 0 ■ Punt your name and address on the reverse addressee so that we can n tum the card to you. I Ate this card to the back of the mailpleoe, or on the front if space permits. M.A 0 I. Artkda Addressed to: D. b ddtrery dMlererR lterrr t? K YM arster dd1my address behm ❑No St. James Plantation Prtipeity Owners Assoc. Suite B 4140 Southport— Supply Road 3 senr>oeTim Southport, 128461 0 Rpalsftred o for men w cogs, O>rssuted Map ❑C.O.D. 4, ResttI Dativeryt(Drtra Fee} ❑Yies L articteNsarsbar 7009 2820 0000 6216 8809 (Aarrafarfiomsannloal8baq _-._.__�..__ 2s Form 3811,February 20D4 Damesnc,Rat=Reoelpt t ,s a ,;ENDER: COPOPLETETHIS SECTION COAIPLETE THIS SEC T-ION 0"DELIVERY ■ Complete Stems 1,2,and 3.Also complete A Item 4 if Fstrtcted Delivery is desired. X ■ Print your name and address ors the reverse ❑Addressee so that we can return the card to you. a. Reoetvad by( Nensetl C.Date of D*Awy ■ Attach this card tD the back of the ma[Ipiece, C� or on the from N space pemsits. -ovrn mem t? ❑Yes tid I. Ara addressed to: ,anti darrvery ad No Clubs at St. James,Pisntatton,LLC Se 06 am 4006 St. James Drive, SE Southport,NC 28461 �'�`—� 0 Matt 0 Repl ww 0 Rstum Rsoetpt for Mardsan aw ©rrssoW Map ©C.O.D. 4, Reatrkted DelNeryt Pft Fes} O Mn Z ArWe bW MWxfar tnM 7009 2820 0000 6216 8793 (Tlarraler rrom servfoe lam __..._...___.�._ ..----_-..- Ps Farris 3811,February 2W4 Domestb Rerimrs Rooefpt ,a2t;as•o2 ,e o;. iENDER: I Complete(terns 1,2,and 3.Also complete A. fU (tam 4 if ReeWWted DeWwy Is dashed. O ■ Print your name and address on the reverse so that we can i etum the card to you. M feo*w W( EP m ■ Attach this card to the back of the allowe, or on the front N space permits. D item 1 0 Yes i. Artk to Addressed to: rE YE3,anti 9 treiow 0 -- AFL o. NG .c:E. �, . .. _ 207 Hill Road a�,pe New L don, NC 28127 0 cartm.a Mae o Mpm Map O Registered O Ruben 13eceipt for mwdwxfte 0 mmed Map ©G.O.D. 4. R.sbk ted Daeueryrd(l*a Fee} 0 Yes " a'WeNumbw7009 2820 0000 6216 8786 i (hWMW can service bw ,s Form 3811,Fewiary 2w4 Dorneeft Raker Reoetpt 10¢6WP0244-,s40 , i Ckimplbte Items 1;2,and 3.Also oompiete A lbern 4 d Rastrtcted Defhrery Is desired. X Apt r Print your name and address on the revem ❑Addressee so that we can ret,trrr the card to you. M awd w by co� C.DaEa of Delivery I Attach this card to the back of the mallptece, w `H, 67 or on the front N space permits. D. b dcbmaq address dfffererrt hoar Komi? ❑Yes Article Addressed to: tf YES,enter delivery address below: 0 No Ms. Josann A. Ca�inpanello - 3. Service type 4234 Airport Rp SE °cmew man cl E>wn=Map No 28461 0 l 0 ct�a D for i�ramarsa Southport, 4. Resalcted DellverYT(hare Feel ❑YN ' ArWe WOWtrrber 7009 2820 0000 6216 8762 fnarhslbr tom setvke kw 'S Form 3811,February tow Domestic Retum Reoeiat 1025 S-02-W,e4e .�. i .Conhpfete Darns 1,2,and 3.Also ocx,. k to A. VFWLM- Item 4 If RasMcted Deltvery Is desired. X [3Agwa I Print your name and address on the reverse w• ❑Addmnm . so that we can retum the card to you. 4 Reoelved by(Mead AhwW C. Date of Dauvery . Attach this card to the back of the mallpieoe, or on the front If spaoa permits . Arnale D. b d*Awy address different from Can 1? 0 Yes ff YES.enter dWvwy address below: 0 No Mr. Hassan Ezt�eddine `8417 E. Oaks Island Drive ` Vp Oak Island;"NC 28465 3. samba Type "'" CI carbnad me 0 Bpa w 14 d 0 Reebmred 0 Rearuhh f tar madman 0 b=NW Mali 0 C.O.D. 4. ROWMd DeQvery7 XX&n F* p ym s ArtWe Number fl fl fl fl 6216 8755 (rlw"ftrflarrr servfae kw 7009 28213 2 -- Ps Form 3811,February 2w4 Dornesttc fbtime Receipt 102595-02AMPO COA-MILETE THIS SECTION COMM E7L THIS SCGUOIJ ON OUIVITRY ■ Canpbce I6turrs 1,2,and&Abo oorrq)k to a. item 4 tf Reahicted De vsq Is desired. t ' q)4 W ■ Print yo n ne and address on the reverse X t ur drossag so that we can realm the card to ■ Attach this card to the back of msMAx e, B. ( C. of or on the front If space permits r D. b ddhwy add<ess dElplw tram Rem W 0 Yiis 1. Articb Addressed to: if YES,enter delivery address below to _ f B171ItSWjck Cotl ty Aeff'?t COMM'SSion a �rrioa Type 4019 Long Be3c Road O d wrml ©B�ss Man 0 R30OMW 0 Rebxn Raoeipt for Mwdumdbe Oak-Island,�28465 TM o tne,ued rrmb '0 co.D. 4. RwMcWd DOwer 4EWa FsQ O No wtd runber Marrsibr from 7011, 2flflfl 0001 7073 5190 (Tl aerrdce ai3ae0 2s Form 3811,February 2004 Dor,hes8c Retum Receipt t ,sw ENDER: COA1PLEFE THIS SECTION GOP.Wr YHIS SrCTIW 01.1 DELIVERY i Complete items 1,2,and 3.Also complete A. ibem 4 4 Res>licted De4tvery Is deslMd. ' Prtnt your name and address on the reverse ixA 1a Ad&esaw so that we can return the card to you. B. � I Attach this card to the back of the mailplece, or on the front If space pwmlta D. 6&ffimyeddtUS9d6ent figm bm 1? 13 Yes Artide Addressed tQ: ff YES, 0 No Marty K. Law>ing s# Brunswick County Manager 3 P. O. Box'249 a ser�i�erype Bolivia(NC 28422 © "' ' ©13 Rem PWWM ft Madwnfte . (J 17 trrstued Map C1 C.O.D. - 4. Restricted Depvery't(Extra Fee} 0 Yes ArWsNm*w 7011 2000 0041 7073 5145 'S Form 3811,Fetxuary 2W4 Doi,mw RoUn Receipt 102N5*L% '.&$6 . •ER: COAWLETE THIS SECTIOP.PON I Complete items 1,2,and 3.Also co A. . itam 4 If Restated Depvary Is deWred. 0 Agent I Prtnt your name and eddrm on the reverse Addressee so that we can retum the card to you. by(P*tad A&nW C. Data of Dahery ! Attach this card to the bad*of the mallpieml) or on the front ff space permits. eS ArNde Addressed to: ) _ D. to d*my,, --- dmbm*ftm twm 1? ❑Yes ; / If YES,enter d*my address below_ 0 NO Mr. Tom Hogg Interim Town Manager The Town of Oak Island 4601 E. Oak Island Drive , Map 0 Map ; Movhumfte Oak Wand,NC 2$465 ❑h 0 Retiwn for omW MO ❑C.O.D. 4. RustdcW Depvary?(Extra Fee} CI Yes Numter (ft"ftrftMSwV1wAffw 7011 2[]00 0001 7073 5152 . >S Form 3811.February 2W4 Dorrreatlo RetuM Reoslpt 10250E42 A4ltiie 1 I USPS.com®-Track&.Confirm . 1 Page 1 of 1 %i}2.0th - O ear unics tj LMM Maws VSP'.CL/i 4I• Search USPS com or Track Packages Q .u3+U' �ry�49 + rT Track & Confirm GET[HAIL a®QAT[a 70092820000062163M t Fk*Cl&aa Mate Url wMW S@M,har 2Z.2012.1Q:3E DURHAM.NC 000—lt ear: am SOpWdW 7.2012 CewwMdl ROf"ReOdO ArfW at Unit Sq*mt ar 07.2Q12.9r2Q am DURHAM.NC 27712 Diepaa3retl Os Sat SOplomber a 2012.412 pm BATH,NC 27SM Fan% Aumpta n= Bap6* P, 06,2012.S07 pm BATH.NC 27800 Clock on AnarOw Item WWft y=iabtl(ar raos04 rraabM {EGAD ON USPS COM ON ABOUT.USMOOM OTHER USPS SrMS -rive f POi'ity- GOvwrrwtt Sean"• Abm4 USPS Hme r Butn"s CU iwrw Galmy,, -wns ct Use, Buy Stamm 6 Shop, Nawxown; FCslal In[paclora, ;!O A, Prim a label aath Postape+ tslad SOrraa Updalas, inmwlor GOMMI: No FEAR AC EEO Data) Caatormw Service, Forma d Pub6cau", PostW E.p!aror> Sra meax, C4WWM, Copyr,ptsi'Z012 USPS AN P;,V.ls Rwr4etl. CO p o { r � . m 4C �_L SE rR a I,, rupastas _a Cw"W Fae C30 Ron PAaW FOG Hare t7 (ErTdaeettlW ru Cc TOW 8 Few Ir Mr. lames Belv� _ _mlVin ."....._._..... C3 _TUX Berne _ __ °`Pow mxw5216 Hallmark Road . NC 27712 , httm-//tnnl4.usna.corn/ao/TrackConfirnlAction input?utc tLabe sl=700928200000621635... 9124/2012 ausps.cowe Track & Confirm YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE tT TIME LOCATION FEATURES lr 70092820000082168864 First-Class Mail" Delivered September 12,2012, 10:58 am BATH,NC 27808 Expected Delivery By: Resu►t 1 September 7,2012 Certified Mail" Retum Receipt Notloe Left September 10,2012,8:33 am BATH.NC 27MB Depart LISPS Sort Faculty September 10,2012 ROCKY MOUNT,NC 27801 Processed at USPS Origin Sort Facility September 09,2012,8:12 pm ROCKY MOUNT,NC 27801 Forwarded September 06,2012.9:50 am SOUTHPORT,NC Arrival at Unit September 06,2012,8:41 am SOUTHPORT,NC 28461 Dispatched to Sort Facility September 05,2012,4:12 pm BATH,NC 27808 Acoeptanoe September 05,2012,3:19 pm BATH,NC 27808 �:JL7L1 U U UUry/yyyU,,�,�ryJ � � p CID ED r.IoSE �r •I :AL �I+O' .� l� "" j 61CedwwFoe G (E Rnd en�aenmn R�Foo g, ,c �H rk fbal ttod DotlNnry Fne (�+doreornent RoJ '•J '3' v TGWI120otvaaFeoe v r Saw TO :Mr. Michael S. Kenzel "'ETUX Jennifer J. Kenzel..................... nr PO Box No. -dW-!%h;:-'4X3603 Medinah Avenue ................... lrsmfinnism.6South NC 29461 WILLIAMS U.sp-flpIRSTAGE r Environmental&Geological Servim,PLLC _ BltTFI.lx P.O.Box 1901 Bath NC 278M 1(600)240-8550 • � �� � � •,' °.-. srer.sosi� SEPZ_..Q5.?IZ ' ' 7009 2820 0000 6216 8854 all $ 995 •: _ ,` , illOq 29461 0063�939-0) Mr. Michael S. Kenzel ETUX Jennifer J. Kenzel :. 3603 Mf tt SUUthpO N C 3Ci 1= _ 8?' '�t' C J 1. 1. C� 0 0 A 9 J 0 8,'i Z NOT DELIVERABLE AS ADDRESSE .1. s flNAR1 F TO FORWAR17 www.WilliamsEGS.com BC: 27808019090 *2380--04930-08-2t) Z 7 8 a 8 CAa 1.9 o Ilfflfl+I111lkI+fiF+flllflllillililfflflil5tit�klltll}i11��111 AMUSPICO • Track & Confirm YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE b TIME LOCATION FEATURES R ;T0092820000062168847 First-Class WHO belivered September 19,2012.9,30 am BATH,NC 27808 Expected DeUvM Or. 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Depart USPS Sort Facility September 08,2012 MERRIFIELD,VA 22081 uPostma $ Cort111od Fos Prooessed at USPS Origin Sort Facility September 07,2012,3:49 pm MERRIFIELD,VA 22081 ~� MOW 3 ;mot R°oagtd� HMODispatched to Sort Facility September 05,2012,4:12 pm BATH,NC 27808 7 ResfflMd nel"Feo '•. u ndo�""�"' , r:r_:` ,_ Acceptance September 05,2012.3:20 pm BATH,NC 27808 a Total Postar a Foeo v r _S601 7b �Mr.Calvin E. Smith err ETUX Kathleen Smith --- `' � :x•'S490 Sullenberger Court ,���,,® `Lorton,VA 22079 A_ .rt-_:• ,- T -.["S G�v4.:f..- R u.�y. 3t..N�--/,, S a; }& WILLIAMS U.S. POSTAGE z Errvironmenta!&GeoWgica!Services,PLL[rr - BRT IQ_ P.O.Box 190 Bath NC 276f}8{(B00)240$SSO SeEP 0 12 NT 7009 2820 aaaa 6216 8847 1000 $5 95 22079 0003 0-01 C Mr.Calvin E.Smith "q r° ETUX Kathleen Smith i f 8490 Sullenberger Court f Lorton,VA x 72 n N F F i Al 1'F n Q O q/1 7.11.2 ' FORWARD TIME EXP RTN TO SEND SMITH _ r WWW. 1ll1AIY35EGs.Cdli1 7 8 R.ANT C T - rRP Rle:.KSBRG VA 2 2406-5 462 RETURN TO SENDER _ 220.: '.� iik�k��lIlls!F}t��fili`.t}11111iFtkE�E?iili�'tki;i?i�t397S`i6€� . NOUSPS-Cow :earth USPS.00m or Track Packages Search USPS-co 'rack&Confirm Ind Locatlone :aicuiate a Price Wrack & Confirm OUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE&TIME LOCATION FEATURES 70092820000062168816 First-Class Mail* Delivered September 12,2012, 10:58 am BATH,NC 27608 Expected Delivery Sr. :esua t Peptember 8,2012 � E Certifled Mail" Return Receipt Notice Left September 11,2012,2:40 pm BATH,NC 27808 Depart USPS Sort Facility September 11,2012 ROCKY MOUNT,NC 27601 Processed through USPS Sort Facility September 11,2012, 1:59 am ROCKY MOUNT,NC 27801 A m Y Prooessed through USPS Sort Facility September 08, 2012,7:46 pm SANTA CLARITA,CA 91383 +� poseago 5 '► Processed through LISPS Sort Facility September 07,2012.5:39 pm SANTA CLARITA,CA 91383 Rowm RepQlpl Foe F` po. Depart USPS Sort Facility September 07,2012 SANTA CLARITA,CA 91383 (Endorsaawnl Roquired) •-• I Processed at USPS Origin Sort Facility September 07,2012, 12:30 am SANTA CLARITA,CA 91383 Total Postapo A Fees $ r Dispatched to Sort Facility September 05,2012,4:12 pm BATH,NC 27808 ° Mr. David Miller Acceptance September 05,2012,3:21 pm BATH,NC 278M sr, �ETUX Kay S. Miller M sw;;xJ29159 Valley Oak Place _• ca, �Santa Clarita, CA 91390 WILLIAMS jpVT�2 Environmental&Geo4lcal Services,PLLC P.O.Box 1901 Bath NC 27M!OW)240.8550 U . _ � urosre�sn�vrac 7009 2820 UU00 6216 8816 loon slaw ao�3snl w " Mr. David Miller �\` ' = ETUX Kay S. Miller 29159 VE A' :: E 1 81.11 00 09/ 0-1/1r Santa CIa ORWPiKi) Y�.M� P r�! 0 SEND L ER t -lWi4i .I ONG itFACH RD 4F STF 1A www.W i lliamsEGS.com r;.; !I;° ; .,a ;_ i RF'VORN TO SENDER i' � t kl f1 'f z'. r t�, n °�,, -'-�s•^+`.i ., ..-. i �.` 1 - 7-7 •- E p l�`llG�im o n Ir 1 1 uspsoco -a IAA. .USE ru Search USPS.com or Track Packages Search USF&ccr j-a �° $ i,. CBA}Aed Fee �•,.- .. o postnak M Rohun Raw"Fee �?.�] / T Hera C] (EndDraweM Re"" � Always a Click Away M Restr}o}edgelw"Fee Roll over the tools menu across the site to access quick,handy tools. �a (andomwnW RwAroa) �co ti Postva $ track&Confirm Find Locations °" e Mr. Joseph Spencer Calculate a Price o A-W;-I --��.._�..__..... 1 M1 �valoop M Southport,NC 2$461----—---------�'-- Track & Confirm f� 8 TIME [=FAiU};C ,. ,a?,�aa*-t ,;'.1.A•.Ist SIiE;•,ICf .�?l1TlsSf3r'�,a:� ��i:h' i'!,}{� ,i�c'F.II'J'r} p 70092820000062168779 First-Class MairO Unclaimed September 22,2012,9:55 am SOUTHPORT,NO Expected Delivery By: #euK 1 September 7,2012 Certified Mail" 4D Rehim Receipt Notioe Left September 06,2012, 10:57 am SOUTHPORT,NO 28461 Arrival at Unit September 06,2012,8:41 am SOUTHPORT,NO 28461 Dispatched to Sort Facility September 05,2012,4:12 pm BATH,NC 27808 Acceptance September 05,2012,2:59 pm BATH,NC 27808 Track & Confirm YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE 3 TIME LOCATION FEATURES 70092820000062163583 iFirst-Class Mail° Delivered October 02,2012, 12:03 pm BATH,NC 27808 Expected Delivery By: Result 1 I i i September 7,2012 I i II + ' I � # iCertified Mail' E� }}Return Receipt Notice Left September 28,2012,8:17 am BATH, NC 27808 Depart USPS Sort Facility September 28, 2012 ROCKY MOUNT,NC 27801 Processed at LISPS Origin Sort Facility September 28,2012, 1:33 am ROCKY MOUNT,NC 27801 Unclaimed September 22,2012, 10:36 am DURHAM,NC Arrival at Unit September 07,2012,9.20 am DURHAM,NC 27712 Dispatched to Sort Facility September 05,2012,4:12 pm BATH,NC 27808 • Acceptance September 05,2012,3:07 pm BATH,NC 27808 Certified it Return Recei` reguested 7009 2820 0000216 3583 Mr. lames Begin EfUX Bertie Belvin 5216 Hallmark Road Durham, NC 27712 Track & Confirnn YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE 3 TIME LOCATION FEATURES ;70092820000062168779 =First-Class Mair Delivered October 02,2012, 12:03 pm BATH NC 27808 �Exp wW Delivery By: Result I' September 7,2012 (Certified Mails � I I I ! � I Retum Receipt I Notice Lett September 28,2012,8:17 am BATH, NC 27808 Depart USPS Sort Facility September 28,2012 ROCKY MOUNT,NC 27801 Processed at USPS Origin Sort Facility September 26,2012, 1:33 am ROCKY MOUNT,NC 27801 Unclaimed September 22,2012,9:55 am SOUTHPORT, NC Notice left September 06,2012;10,57 am SOUTHPORT, NC 28461 Arrival at Unit September 06,2012,8:41 am SOUTHPORT, NC 28461 Dispatched to Sort Facility September 05,2012,4:12 pm BATH,NC 27808 Acceptance September 05,2012,2:59 pm BATH,NC 27808 • All Certified Mail ffqWrn ftSlot rqgMested 7009 2820 0066e 216 8779 z . Mr. Joseph Spencer 4168 Villanova Lovp Southport, NC 28461� • N I-og I11 DPRAZRS N'lining Permit Application Review N'nlle of project: _4--N. It k-1cf—,f4'/ county: Proposed ,ictivity is X- is not within S Miles 01'a public park or recrcation area. [I'ves. identify the park: (contact name): RC1'iCW cc�nductcd bv: / 1- Date: _[d t'LE{ASE RETURN APPLICATION iNlA'VERIAI,S 11'111E YOUR kEVIEW/CO,II IN]E NTS. YOU CAN A1,S0 1:-,�1AIL, YOUR COPVIMEN'I'S TO: 1 riennc,eikin:,sQnedenr.um, IZclurtt Iurni and nl. lals to: RECEIVED rldriemic: GikinaS DF*N'R/Division of Parks St Recreation OCT I — 2012 1015 N=15C Raleigh, NC 27699-1 G 1 LAtID QUALITY PROGRAM tNC®IGINR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Beverly Eaves Perdue,Governor Director Dee Freeman, Secretary September 7, 2012 MEMORANDUM TO: Mr. Lewis Ledford, Director Division of Parks and Recreation FROM: Brenda M. Harris Mining Program Se tary_ Land Quality Section SUBJECT: Mining Permit Application for Davis C. Herring Jr. - Herring Mine Brunswick County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by October 1, 2012 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr. Dan Sams 1612 Mail Service Center,Raleigh, north Carolina 27699.1612-Telephone 919.707-9220/FAX:919-733-2876 512 North Salisbury Street,Raleigh,North Carolina 27604•Internet:httpa/gorial.nedenr.orglweb/Ir/land-quality An Equal Qpportunity 1 Affirmative Action Employer—50% Recycled 110%Post Consumer Paper Wehner, Judy From: Davis, Tracy Sent: Wednesday, October 03, 2012 11:48 AM To: Nevils, Mell; Boyer, Janet; Wehner, Judy; Rodgers, Ashley; Sams, Dan Subject: F'W: Oak Island Proposed Sand Mining Permit FYI and file. From: Smith, Robin Sent: Wednesday, October 03, 201E 11:42 AM To: Jeffrey Hudson (Research) Cc: Davis, Tracy; Barsness, Kari K Subject: RE: Oak Island Proposed Sand Mining Permit Jeff—Here is background information provided by Div. of Water Quality and Div. of Energy, Mineral and Land Resources: Originally, the site did not require a mining permit because it fell under the single source borrow exemption in the Mining Act. Under that exemption, no mining permit is required for sites providing borrow material for a single construction project— in this case, the airport. For the time that it served as a single source borrow site, it was covered by an approved erosion and sediment control plan that was tied to the airport's approved plan for land disturbing activities. You can find the exemption in G.S. 74-49(7) which defines "mining" and also lists a number of activities that do not constitute mining. The owner of the borrow site has now applied for a mining permit to allow him to sell material to buyers other than the airport. The Div, of Energy, Mining and Land Resources (DEMLR) received the mining permit application on September 6, 2012; the applicant has requested a permit for 22.54 acres. The proposed depth of the mine is estimated to be 30 feet below natural ground level. The applicant has told DWQ that there will not be a discharge associated with dewatering of the borrow areas; the water will be pumped from pit to pit to avoid a discharge. The intended reclamation is to convert the final pit to a lake area with vegetated side slopes. The mining permit application has been routed to several state and federal agencies for review and comment. In light of the significant public interest in the application, the director of the Division of Energy, Mining and Land Resources has already decided to hold a public hearing on the permit application. Once arrangements for the public hearing have been finalized, DEMLR will give notice to all adjoining landowners, the local government-and citizens who have sent letters regarding this project. Notice will also be published in the local newspaper outlining the date, time, location and format.of the public hearing. Under the provisions of the Mining Act, the hearing must be held by December 5. (The hearing date is linked to the date the permit application is submitted and the 30-day period within which members of the public can request a public hearing on the application.) In answer to your third question, G.S. 74-51(d)(4) says that a mining permit can be denied if "the operation will constitute a direct and substantial physical hazard to public health and safety or to a neighboring dwelling house, school, church, hospital, commercial or industrial building, public road or other public property, excluding matters relating to use of a public road". Let me know if you need any more information. Robin W. Smith Asst. Secretary for Environment 1 N.C. Dept. of Environment& Natural Resou9s . 217 West Jones Street Raleigh N.C. 919-707-8619 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Jeffrey Hudson (Research) rmail o:]effre ,Hudson ncle .net]Y_ Sent: Monday, October 01, 2012 4:05 PM To: Smith, Robin Cc: Jennifer McGinnis (Research); Giles Perry(Research) Subject: Oak Island Proposed Sand Mining Permit Robin, We've gotten a legislative inquiry about a proposed sand mine in the Town of Oak Island. It appears that: • The parcel in questions is 112 acres owned by Davis Herring on the mainland side of the town near the Brunswick County Airport. • Mr, Herring has already been engaging in some land disturbing activity in the development of the parcel and is arranging to sell excess sand to the airport. • The parcel is near/adjoins several residential neighborhoods. Has DENR received any water quality, sedimentation, or mining permit applications for these activities? If so, what is the status of the applications? Could proximity to residential neighborhoods impact any of the permit decisions? Any other information you could provide on this that you think would be helpful would be appreciated. Thanks, Jeff Dear Senator Rabon and Representative Iler, We live near property which abuts the area where an application for a sand mining permit is located. It is outrageous that this area, which adjoins many residential neighborhoods and is currently itself zoned as residential, consider an alternative which will negatively impact all surrounding it and may bring devastating harm to the aquifer from which Brunswick County gets its water. Please read the two letters below--the second one is ours (Roger & Gerie Whitney). We hope you will do all in your power and influence to help DENY this application. We will await your reply. Sincerely, Roger& Gerie Whitney In a message dated 9/30/2012 2:11:23 P.M. Eastern Daylight Time, HYPERLINK "maiIto:bc arr beIIsouth.net"bcgarr@belIsouth.net writes: Dear Senator Rabon and Representative Iler, We are writing to both of you today to ascertain whether or not either or both of you is aware of the recent z . application for a surface sand mine thatfuld be located on Oak Island. We arefiring with you specifics of a certified letter dated September 5 and received September 7. The letter specifies notification of intent to "apply to the NC Department of Environment &Natural Resources for a Sand Mine Permit (specifically a new surface mining permit) ...within the Town of Oak Island in Brunswick County." The property for this permit abuts St. James Plantation, VilIanova Loop Road, Glen Oak Subdivision, and is approximately .5 miles north-northwest of the Brunswick County Airport. The letter states that "Any person may file written comment(s) to the Department (NC Department of Environment&Natural Resources) ...within thirty (30) days of the issuance of this Notice (September 5) or the filing of the application for a permit, whichever is later. If"sufficient public interest exists...a public hearing will be held within 60 days of the end of the 30-day comment period specified above." We are not knowledgeable about surface sand mining and have been quite busy trying to understand the topic. What seems implausible is the ability of an individual to apply for such a permit on land, 112+ acres, zoned for single family housing AND in a historically residential and tourist community that peripherally already has a concrete company, ammunition depot, nuclear energy facility, and has tried to get a port! Extensive land has been cleared to the periphery of this property, well outside the diagram included in the certified letter. Why is that? We have questions, facts we have learned, concerns, and opinions regarding this incredibly shocking situation. We chose this area for retirement 12 years ago and fail to understand how this could even be considered. For your review we have attached copies of the certified letter which only went to a small number of people, including us. Following our letter is a second Ietter explaining in outstanding understandable detail another perspective of this situation. We thank you for making time to read this correspondence in its entirety and hope you will immediately write letters, due in Raleigh on October 4, to object to a surface sand mine in the backyard of so many people. Regards, Bob and Carla Garr 4532 Regency Crossing Southport (St. James), North Carolina 28461 HYPERLINK "maiIto:bcgarr(@beIIsouth.net"bcgarr@bellsouth.net Home telephone: 454-0653 Cell telephone: 910-368-1506 Questions: Is this acreage still zoned R-75? Did the applicant for this permit apply for a request in zoning for this acreage? If so, when? Through what entity? Has the applicant complied with ALL aspects of proper application for a zoning change and who is responsible for confirming this? Are applications for a zoning change public record? How can such a zoning request change occur, if it did, without those affected being notified? Under whose jurisdiction is this property? What are the Brunswick County Commissioners doing about this situation? How can extensive and ongoing work to this property happen, AND IT HAS, if permits have not been granted? Who has actually been to this property and seen the visual effects? What laws are in place to protect primarily residential areas? 3 What agencies are involved inking out for the greater good of the in4diate communities affected and Brunswick County? What we are learning: Surface mining is a broad category of HYPERLINK "htti)://en.wikipedia.org/wiki/Mining"mining in which soil and/or rock overlying the desired product is removed. It is the opposite of HYPERLINK "http://en.wikip_edia.org/wiki/Under round_mining"underground mining, in which the overlying surface is left in place, and the desired product removed through shafts or tunnels. In most forms of surface mining, heavy equipment (LOTS OF THAT AND NOISE!), such as HYPERLINK "http:Hen.wikiyedia.orglwiki/Engineering vehicle"earthmovers, first removes the overburden. Next, huge machines, such as HYPERLINK "http://en.wikipedia.org/wi_k-i/Dra lg ine excavator"dragline excavators or HYPERLINK "http://en.wikipe_dia.orgZwiki/Bucket_wheel_excavator"Bucket wheel excavators, extract whatever is being mined. The environmental impact of mining includes HYPERLINK "htta:Hen.wikipedia.org/wiki/Erosion"erosion, formation of HYPERLINK "http://en.wikipedia.org/wiki/Sinkhole"sinkholes, loss of HYPERLINK "http://en.wikil2edia.org/wiki[BiodiversitX"biodiversity, contamination of soil, HYPERLINK "littp://en.wikipedia.org/wiki/Groundwater"groundwater and HYPERLINK "htti):Hen.wiki2edia.org/wiki/SLirface water"surface water by chemicals from mining processes. (THIS ACREAGE IS ADJACENT TO BRUNSWICK COUNTY WATER SUPPLY.) In some cases, additional forest logging (LOTS OF THAT) is done in the vicinity of mines to increase the available room for the storage of the created debris and soil. (THAT WOULD CONTAIN WHAT???) Besides creating environmental damage, contamination resulting from leakage of chemicals also affects the health of the local population. Mining (in a populated area) can produce HYPERLINK "httl2://en.wikipedia.org/wiki[Noise ollution"noise pollution, dust pollution and HYPERLINK "htt ://en.wiki edia.or wikiNisual ollution"visual pollution. (THE EFFECTS OF THAT ARE ALREADY CLEARLY EVIDENCED.) The effects of leaching of toxic substances into soil and HYPERLINK "http://www.chow.com/info 8464679 environmental-effects-silica-sand-mining html"water and the poisoning of wildlife is dangerous and DIFFICULT TO MEASURE. Mercury, a known carcinogen, DIFFICULT TO MEASURE, is a byproduct of the mining industry. The metamorphosis of frogs, changing from a tadpole to an adult, can be used as an indicator of water pollution, and therefore is potentially harmful. Our immediate concerns: 0 Zoning and land use changes 0 Jurisdiction over any and all factors of this situation 0 More industry in a heavily residential area • 0 Unknown and immeasurable environmental dangers (precedents exist in several other states) 0 Unknown and immeasurable health dangers 0 Occupational lung diseases due to proximity to area 0 Water pollution and increased cost for clean water 0 Noise pollution, lack of laws for noise pollution, and impact on those nearest property already 4 0 Air pollution and impact on those nett property already 0 Leaching toxic chemicals into nearby water supply 0 Damage and excessive wear to roads from trucking traffic and subsequent costs 0 Public safety concerns from the volume of truck traffic and subsequent costs 0 Negative impact on tourism and subsequent loss of revenue 0 Negative impact on home values and subsequent loss of growth to the area By even considering this request, the applicant nor the North Carolina Department of Environment and Natural Resources has the best interest of the greater community in mind. Rather, the applicant is seeking a way to make a profit at a huge and long lasting expense to the greater community since the sale of said acreage, we are told, fell through a few years ago. We've heard everything from housing community, to hunting preserve, to wanting to build lakes to make the land more saleable or to expand hunting opportunities, some of which sound much closer than the 270 yards we are told is required from a residence. In our opinion, the applicant and the North Carolina Department of Environment and Natural Resources have become a joint harbinger of what this community does not need, more industry in a heavily populated area that will immeasurably and negatively impact all who choose to call this home now and for the foreseeable future. Letter#2 N.C. Department of Environment and Natural Resources I601 Mail Service Drive Raleigh,N.C. 27699 RE: New Surface Mining Permit by Davis Herring with Town of Oak Island in Brunswick County We live in a community, St. James Plantation, which abuts the property of Davis Herring. We strongly request that a permit for new surface mining be DENIED. There are many reasons for our request: environmental issues, quality of life issues, property value issues, etc. Sand mining will result in negative impact in all these areas of concern to all residents and businesses adjoining this property. There has already been environmental damage to the area due to the past year's activities on the Herring property—deforestation, excavating soil, altering water flow patterns, and building a "debris hill" which they have called a"berm." In reality this "berm" consisted of piled up branches and uprooting resulting from the initial bulldozing of trees. This complete removal right up to property lines was done on Memorial Day weekend of 2011, without any prior notification or explanation (or justification we feel). We were told at that time that this land, which previously had been described as wetlands, forever natural, was destroyed for a quail- hunting business—although even then we were at a loss to understand how total removal of native trees could help quail hunting. Again, this deforestation was done right up to the adjoining property lines, with no buffer— which we will discuss later. Those of you charged with protecting the environment are asked to consider the negative effects now of this proposed sand mining: 1. Air quality—these mining sites "have two types of air emissions. The first is dirt that may be emitted during the mining and handling of sand. The second is from various pollutants emitted from equipment used to mine, handle and/or process sand." (SC Research& Essays, Vol.6(6) pp. 1216-1231, 18 March 2011). Dust pollution alone is harmful to those living near this, never mind any contaminants that may also be stirred up and released into the air. Careful monitoring will need to be done on a daily basis to prevent harm to those living or working in surrounding areas. We are told in the application "A water truck will be available, if needed, for any potential dust problems." Will the presence of a water truck be sufficient for any dust problems, of course depending on what contaminants are exposed and the wind currents at the time? Have they applied for 5 an air quality permit? Is there a Divisio*Air Quality to monitor all on a daily*s?Arc those who may issue the permit also willing to reimburse us for any health problems which may arise? 2. Water quality—Prior to sand removal, a thorough study should be undertaken of potentially harmful toxic sediment contaminants which could be dispersed to the air or the groundwater. Sand deposits are linked to one another so that addition or removal of sand from one area affects all other environments, "If sand mining operations are performed below the water table, they may require significant groundwater pumping in order to dewater the active mining area. This can lead to an increased potential for impacts to groundwater and surface water resources." (SC Research & Essays, Vol. 6 (6), pp. 1216-1231, 18 March 2011). "Another effect...is modification of the recharge area for groundwater by changing the land surface...Such changes may increase or decrease rainwater recharge to groundwater. Shorter flow paths pay increase susceptibility to contamination while redirected flow paths may deplete total recharge of the aquifer." (Peckinham,Thorton,& Whalen, 2009). The deforestation which was done in 2011 has already resulted in altering natural water flow and creating flooding on neighboring properties. We received no notification of pending permits before that was done in 2011--and are left wondering if environmental issues/impacts were addressed then. The land in question sits on top of the Castle Hayne aquifer from which Brunswick County gets water. We are rightfully concerned about contaminants such as mercury and other carcinogens and chemicals getting into the water supply, not only for neighbors to the property but for all who get their water supplied by Brunswick County. In the actual applications for the Herring property, the box is marked YES next to the question, "Will any part of proposed mine excavation extend below the water table?" The application goes on to say"Applicant plans, if needed, to pump from one pit to another. No mine water discharge from the site will take place." Is this a guarantee? How can they KNOW so surely that no water discharge will take place? Who will be held responsible and accountable if the water supply is proved tainted in the future and has caused health problems and/or death to those exposed? 3. Biodiversity and protection of endangered species-- Physical disturbance of the habitat includes generation of noise, which can interrupt nesting/breeding activities of native species. Other effects include destruction of the habitat for foraging and nesting, as well as increased exposure to contaminants. What is harmful or toxic to animals also applies to humans. However, here we are talking about destroying the natural habitat of various native species. Again, we are made to wonder about the quail—we were told last year that the deforestation was done to improve quail hunting—we cannot think that sand mining and the heavy equipment which it will bring can still encourage the quail, or any other species in that area or any surrounding. When we purchased our property, we were told that other than clearing the area needed to build our home, the trees on the property could not be cut down by our choice because the red-cockaded woodpecker was an endangered species and so protected in this area. We wonder why the Herring property is exempt from those prohibitions? What about wood storks, copley's meadowrue, rough-leaved loosestrife and all other species of flora and fauna that according to federal law should be protected? 4. Quality of life—The quality of life of surrounding housing and businesses will be affected by ANY negative impact to the air or water supply. Further, the presence of sand mining so near residential areas will lower home values—certainly prospective buyers will not choose to live adjoining a sand mine with the heavy equipment, noise pollution, increased truck and vehicle traffic, and impact on nearby roads. Beyond this, most of us who live here chose this area specifically to enjoy the natural beauty and quiet of this area. "Quality of Life" describes an environment of pure air to breathe, pure water, free of noise pollution, and the tranquility of living in balance with surrounding nature. Sand mining does not"fit in" with a residential community. We realize its value to our society but it should be restricted to industrialized areas or areas not zoned as residential. The application for the sand mining includes a requirement that"a minimum 50' undisturbed buffer will be maintained between the affected area and wetlands that have been delineated on site" and also that a"minimum 6 50' buffer will be required between anyt-disturbing activities within the mini*ermit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified..." The applicant responds that"a minimum undisturbed buffer will be maintained between mine permit boundary and any wetlands." We do not feel that this was done in 2011 and are not reassured it will be done in the future. Further, even with a 50' buffer, quality of life in the area will be forever altered. Again, would anyone CHOOSE to live in an area knowing that it adjoins a sand mining operation and all that that entails? We residents implore the N.C. Department of Environment and Natural Resources to DENY this application. At the very least, we call for a public hearing, before an approval, to investigate our concerns and justify why this area should be rezoned and mining permitted. We understand that since 2011 when trees were razed all along adjoining properties, there has been ongoing mining done without necessary permits up until May of this year. We would also like these allegations addressed and necessary legal action taken. This property, parcel #225000019, is currently zoned R-75 (residential per the Brunswick County website). We ask your Department to conduct hearings and investigate all that has happened so far and how this area and its residents will be impacted if sand mining is permitted. However, we hope that you will DENY this application now based on the issues raised in our letters to your department. Thank you for your consideration of our requests. Wehner, Judy From: Wehner, Judy Sent: Tuesday, October 02, 2012 1:48 PM To: 'Leslie Bell' Subject: RE: test The Director has determined a public hearing will be held so I will be in touch with Ms. Fore to set it up in the next few weeks. From: Leslie Bell [mailto:lbel1(@brunsco.net] Sent: Monday, October 01, 2012 12:54 PM To: Wehner, Judy Subject: test I Leslie Bell,AICP, HDFP Director Brunswick County Planning& Community Dev. P. 0. Box 249 Bolivia, NC 28422 910,253.2033 1 Wehner, Judy From: Leslie Bell [lbell@brunsco.net] Sent: Monday, October 01, 2012 12:54 PM To: Wehner, Judy Subject: test J. Leslie Bell, AICP, MbFP Director Brunswick County Planning& Community Dev. P. 0. Box 249 Bolivia, NC 28422 n [!W - 910.253.2033 [ , P-A jam Aq n 1 MINING PERMIT APPLICATION—PUBLIC HEARING DETERMINATION Applicant Name: Davis C Herring,Jr. Mine Name: Herring Mine County: Brunswick In making my determination as to whether significant public interest exists relative to the provisions of the NC Mining Act of 1971 in order to conduct a public hearing, I have reviewed the following materials related to this subject application as of this date: O//Mining Permit Application and its associated documents submitted by the applicant • Comments made by other state and federal review agencies Vl-C'omments and recommendations provided by Land Quality Section regional and central office staff 6,"'Letters from adjoining and nearby landowners regarding their concerns with the proposed Mining operation 6/ Letters from any local government officials related to this application wl{j0641gl o Other: Based upon my analysis of the file and the above documents, I have determined that: S/A public hearin will be nducted by Division staff o A public hearing will `not be conducted by Division" staff , .J n Comments: 41 �1,.V A tfJ ���it itZ lam" AYUU91*4 P NOTE: In all cases, staff is directed to respond to each letter received regarding this application advising each citiien of this determination and how his/her comments may or may not be incorporated into our agency's review. -In addition, staff is directed to incorporate those issues that can be addressed under the NC Mining Act of 1971 raised by the letters into its review of this application and ensure that such issues have been addressed or mitigated prior to a final decision being rendered on this application. 1 10 Signed: Date: ti �`� Tracy E. Da is, P , CPM Director, Division of Energy, Mineral, and Land Resources I� • i Davis, Tracy From: Davis, Tracy Sent: Tuesday, October 02, 2012 1:17 PM To: Wakild, Chuck; Smith, Robin Cc: Nevils, Mell; Bush, Ted; Davis, Braxton C; Matthews, Matt; Karoly, Cyndi; Gregson, Jim; Boyer, Janet; Wehner, Judy; Rodgers, Ashley; Sams, Dan; James, Trentt Subject: RE: Questions about sand mine in Oak Island Robin, As indicated in the emails from Jim Gregson attached to Chuck's email, this site did have a single source borrow exemption from the Mining Act/mining permit requirements (as it was providing material for one project—the airport). This site was covered by`an approved erosion and sediment control plan that was tied to the airport's approved plan for its land disturbing activities. The owner is now pursuing a mining permit to enable him to sale material to anyone who is interested. The mining permit application was received in our office on September 6, 2012 requesting that 22.54 acres be covered by a mining permit. The proposed depth of the mine is estimated to be 30 feet below natural ground level. As indicated by DWQ, the applicant intends to pump water from pit to pit to avoid a discharge from the site. The intended reclamation is to convert the final pit to a lake area with vegetated side slopes. The application has been routed to several state and federal agencies for review and comment. In light of the significant public interest(letters) we have received requesting a public hearing and voicing environmental concerns related to the proposed mining operation, I have already made the determination that a public hearing will be held (the 30 day comment period to request a hearing ends on October 6). Staff will begin making the arrangements for this public hearing and notice will be given to all adjoining landowners,the local government and those citizens who have sent us a letter regarding this project. In addition, notice will be published in the local newspaper outlining the date, time, location and format of the public hearing. The hearing must be held within 60 days of the end of the 30 day public comment period to request a hearing, which means the hearing must be held by December 5. Please advise if you need more information. Thanks. Tracy From: Wakild, Chuck Sent: Tuesday, October 02, 2012 12.33 PM To: Smith, Robin Cc: Nevils, Mell; Bush, Ted; Davis, Tracy; Davis, Braxton C; Matthews, Matt; Karoly, Cyndi; Gregson, Jim Subject: RE: Questions about sand mine in Oak Island Robin, See the attached emails from Jim Gregson. Jim is gathering additional information and will provide it later. Let me know if you need more. From: Smith, Robin Sent: Monday, October 01, 2012 5:03 PM To: Davis,Tracy; Davis, Braxton C; Wakild, Chuck Cc: Nevils, Mell; Bush, Ted Subject: Questions about sand mine in Oak Island 1 Tracy, Braxton and Chuck—I received some questions about a proposed sand mine in Oak Island. (The questions have been forwarded-by legislative staff on behalf of a citizen who contacted their local legislator with concerns.) As I understand it,the parcel in question is 112 acres owned by Davis Herring on the mainland side of the town near the Brunswick County Airport.The concerned citizen believes that Mr. Herring has already been engaging in some land disturbing activity in the development of the parcel and is arranging to sell excess sand to the airport. Reportedly, the parcel is near/adjoins several residential neighborhoods. Can you tell me whether you have received any CAMA, water quality, sedimentation, or mining applications for these activities? If so, what is the status of the applications? Could proximity to residential neighborhoods impact any of the permit decisions? Any other information you could provide on this that you think would be helpful would be appreciated. Thanks in advance. Robin W. Smith Asst.Secretary for Environment N.C. Dept.of Environment& Natural Resources 217 West Jones Street Raleigh N.C. 919-707-8619 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. z 'Davis, Tracy From: Wakild, Chuck Sent: Tuesday, October 02, 2012 12:33 PM To: Smith, Robin Cc: Nevils, Mell; Bush, Ted; Davis, Tracy; Davis, Braxton C; Matthews, Matt; Karoly, Cyndi; Gregson, Jim Subject: RE: Questions about sand mine in Oak Island Attachments: RE: Questions about sand mine in Oak Island; RE: Questions about sand mine in Oak Island Robin, See the attached emails from Jim Gregson. Jim is gathering additional information and will provide it later. Let me know if you need more. From: Smith, Robin - Sent: Monday, October 01, 2012 5:03 PM To: Davis, Tracy; Davis, Braxton C; Wakild, Chuck Cc: Nevils, Mell; Bush,Ted Subject: Questions about sand mine in Oak Island Tracy, Braxton and Chuck—I received some questions about a proposed sand mine in Oak Island. (The questions have been forwarded by legislative staff on behalf of a citizen who contacted their local legislator with concerns.) As I understand it, the parcel in question is 112 acres owned by Davis Herring on the mainland side of the town near the Brunswick County Airport.The concerned citizen believes that Mr. Herring has already been engaging in some land disturbing activity in the development of the parcel and is arranging to sell excess sand to the airport. Reportedly, the parcel is near/adjoins several residential neighborhoods. Can you tell me whether you have received any CAMA, water quality, sedimentation, or mining applications for these activities? If so, what is the status of the applications? Could proximity to residential neighborhoods impact any of the permit decisions? Any other information you could provide on this that you think would be helpful would be appreciated. Thanks in advance. Robin W. Smith Asst.Secretary for Environment N.C. Dept. of Environment& Natural Resources 217 West Jones Street 'Raleigh N.C. 919-707-8619 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. - 1 , Davis, Tracy From: Gregson, Jim Sent: Tuesday, October 02, 2012 11:04 AM To: Wakild, Chuck Cc: Matthews, Matt; Karoly, Cyndi; Bush, Ted; Massengale, Susan Subject: RE: Questions about sand mine in Oak Island The NCGO10000 was issued automatically with the S&EC Plan approval. The S&ECs and the NGG010000 may go away if they are replaced with the one mining permit. DEMLR can't have a S&EC and a mining permit for the same project. The existing pond was a single source borrow site for the airport expansion and was covered under the airport's S&EC Plan. They indicate in the mine application that there will be no discharge from dewatering the pit. They are proposing to pump from pit to pit to avoid a discharge therefore no NCG020000 should be required. For State Stormwater—the haul road for the borrow pit may have been covered under the airport's Stormwater Permit I am checking on that). Oak Island has a Phase II Program and may have issued the permit. We are no longer notified of S&EC Plan approvals by DEMLR (as of three years ago)so the Herring S&EC Plan would normally have been processed as an exemption (no built upon area) but it is not showing up in BIMS either because we did not know about the S&EC Plan approval or the Town issued it. Will check with the Town and update you when I find out. Jim Gregson North Carolina Division of Water Quality Surface Water Protecton Section 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Tel. (910)796-7386 Fax(910)350-2004 "E-mail correspondence to and from this address may be subiect to the North Carolina Public Records Law and may be disclosed to thirdparties." From: Wakild, Chuck Sent: Tuesday, October 02, 2012 9:52 AM To: Gregson, Jim Cc: Matthews, Matt; Karoly, Cyndi; Bush, Ted; Massengale, Susan Subject: RE: Questions about sand mine in Oak Island Jim - Please clarify permit status. Is the NCG010000 issued? Is a 404/401 required? If so, what is status? Is aan isolated wetland permit required? i guess that's to be determined by Chad's review? What about wastewater and stormwater? From: Gregson, Jim Sent: Tuesday, October 02, 2012 9.40 AM To: Wakild, Chuck Cc: Matthews, Matt; Karoly, Cyndi Subject: RE: Questions about sand mine in Oak Island Chuck, We did an inspection last Friday for the DEMLR Mine Review and for the NCG010000 Permit.They have not started the excavation of the sand pit yet.There were some inconsistencies with the wetland delineation that was on the Mine Application and those approved by the Corps. There is an existing pond on the property that was dug under an S&E Plan by Mr. Herring(Bruns-2011-042) It is my understanding that the airport also has a S&E Plan for part of this property (Bruns—2012-042). We have received several complaints from a property owner in St.James Plantation who owns a lot that backs up to the Mr. Herrings property. The inspection of the site also revealed that one of the ditches on the property is probably draining a 0.5 acre isolated wetland area. Chad is following up on the wetland issues as well as the NCGO1000 inspection (records and rain gage not available). I have attached some photos of the site from last Friday. Jim Gregson North Carolina Division of Water Quality Surface Water Protecton Section 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Tel. (910)796-7386 Fax(910)350-2004 **E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties." From: Wakild, Chuck Sent: Monday, October 01, 2012 8:13 PM To: Matthews, Matt; Karoly, Cyndi; Bennett, Bradley; Gregson, Jim Cc: Bush, Ted Subject: FW: Questions about sand mine in Oak Island Anyone know anything about this? From: Smith, Robin Sent: Monday, October 01, 2012 5:02 PM To: Davis, Tracy; Davis, Braxton C; Wakild, Chuck Cc: Nevils, Meli; Bush, Ted Subject: Questions about sand mine in Oak Island Tracy, Braxton and Chuck—I received some questions about a proposed sand mine in Oak Island. (The questions have been forwarded by legislative staff on behalf of a citizen who contacted their local legislator with concerns.) As I understand it,the parcel in question is 112 acres owned by Davis Herring on the mainland side of the town near the Brunswick County Airport.The concerned citizen believes that Mr. Herring has already been engaging in some land disturbing activity in the development of the parcel and is arranging to sell excess sand to the airport. Reportedly,the parcel is near/adjoins several residential neighborhoods. Can you tell me whether you have received any LAMA,water quality, sedimentation, or mining applications for these activities? If so, what is the status of the applications? Could proximity to residential neighborhoods impact any of the permit decisions? Any other information you could provide on this that you think would be helpful would be appreciated. Thanks in advance. 2 • i Davis, Tracy From: Gregson, Jim Sent: Tuesday, October 02, 2012 9:40 AM To: Wakild, Chuck Cc: Matthews, Matt; Karoly, Cyndi Subject: RE:: Questions about sand mine in Oak Island Attachments: 2012-09-28 11.51.04.jpg; 2012-09-28 12.15.15.jpg; 2012-09-28 12.05.00.jpg; 2012-09-28 11.42.20.jpg Chuck, We did an inspection last Friday for the DEMLR Mine Review and for the NCG010000 Permit. They have not started the excavation of the sand pit yet.There were some inconsistencies with the wetland delineation that was on the Mine Application and those approved by the Corps. There is an existing pond on the property that was dug under an S&E Plan by Mr. Herring (Bruns-2011-042) It is my understanding that the airport also has a S&E Plan for part of this property (Bruns—2012-042). We have received several complaints from a property owner in St.James Plantation who owns a lot that backs up to the Mr. Herrings property. The inspection of the site also revealed that one of the ditches on the property is probably draining a 0.5 acre isolated wetland area. Chad is following up on the wetland issues as well as the NCG01000 inspection (records and rain gage not available). I have attached some photos of the site from last Friday. Jim Gregson North Carolina Division of Water Quality Surface Water Protecton Section 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Tel. (910)796-7386 Fax(910)350-2004 **E-mail correspondence to and from this address maybe subject to the North Carolina Public Records Law and may be disclosed to third parties." From: Wakild, Chuck Sent: Monday, October 01, 2012 8,13 PM To: Matthews, Matt; Karoly, Cyndi; Bennett, Bradley; Gregson, Jim Cc: Bush, Ted Subject: FW: Questions about sand mine in Oak Island Anyone know anything about this? From: Smith, Robin Sent: Monday, October 01, 2012 5:02 PM To: Davis, Tracy; Davis, Braxton C; Wakild, Chuck Cc: Nevils, Melt; Bush, Ted Subject: Questions about sand mine in Oak Island Tracy, Braxton and Chuck—I received some questions about a proposed sand mine in Oak Island. (The questions have been forwarded by legislative staff on behalf of a citizen who contacted their local legislator with concerns.) As I understand it, the parcel in question is 112 acres owned by Davis Herring on the mainland side of the town near the . Brunswick County Airport.The concerned citizen believes that Mr. Herring has already been engaging in some land . 1 disturbing activity in the development of the parcel and is arranging to sell excess sand to the airport. Reportedly, the parcel is near/adjoins several residential neighborhoods. Can you tell me whether you have received any CAMA, water quality, sedimentation, or mining applications for these activities? If so, what is the status of the applications? Could proximity to residential neighborhoods impact any of the permit decisions? Any other information you could provide on this that you think would be helpful would be appreciated. Thanks in advance. Robin W. Smith Asst. Secretary for Environment N.C. Dept. of Environment& Natural Resources 217 West Jones Street Raleigh N.C. 919-707-8619 E-mail correspondence to and from this address may be subject to the!North Carolina Public Records Low and may be disclosed to third parties. z IT�t i✓` -:o ^��, "� it � �.^ � •�r ;:µ`,* 1 kw- y{I�y s.S[r1 "IVl PLO ilk of �tMA nP IV 1� I iV Gfl °� F ��}ri'' +�I��I 1 A _ �� �+!� ��;�:lc� TS r•��. ".r.•!cs�* i �g�i�,Ra�ri+ I� �h6'„ Ii i. "r � ...,r � 7/.N� ,a���7.`,4