HomeMy WebLinkAbout20211228_Transfer_application December 22, 2021
NC Dept of Environmental Quality
Division of Energy,Natural and Land Resources;
Mining Program
Reference: Transfer Mine Permit No. 10-81,Royal Oak Mine
To whom it may concern:
It is my request that the existing permit no. 10-81 known as Royal Oak Mine, be transferred
from J. Larry Faulkenberry to Wayne Smith,effective immediately.
I, Wayne Smith, accept any and all responsibility and liability with respect to the Mining
Act of 1971.
Wayne Smith
20 Thomasboro Rd SW
Calabash,NC 28467
910-579-7103
waynesbackhoe@atmc.net
RECEIVED
n" 28W1
LAND QUALITY
MINING PROGRAM
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DocuSign Envelope ID:45AEF95B-E2D0-4632-954D-3A34F2D3BE86
12/20/2021
To: North Carolina Department of Environmental Quality;
Division of Energy, Natural and Land Resources;
Mining Program
I,J. Larry Faulkenberry the owner of Royal Oak Mine located in Brunswick County mining permit
#10-81, desires to transfer my ownership of this mining permit to Wayne Smith effective
immediately.
Respectfully,
J. Larry Faulkenberry
Docuftned by: 12/20/2021
1
P.O OX 8,r 24A9..
Kershaw SC,29067
803-427-0156
RECEIVED
DEC 28 W1
LAND QUALITY
MINING pc2OGRAM
NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh,NC27699-1612
Division of Energy,Mineral,and Land Resources (919)707-9220
NOTE:It is recommended that you contact the appropriate Regional Office or the Raleigh Central Office for a PRE-
APPLICATION MEETING to discuss your intentions and address any questions.
1. Name of Mine Royal Oak Mine
County Brunswick River Basin Lumber
Latitude(decimal degrees to four
places) 34-00-35
Longitude(decimal degrees to four
places) 78-20-47 RECEIVED
2. Name of Applicant Wayne Smith
Applicant Contact Wayne Smith Consultant Contact DEC 28 r
15
Applicant Email waynesbackhoe@atmc.nel Consultant Email LAND QUALITY SECTION
Telephone 910-579-7103 Telephone
Cell Phone 910-443-3929 Cell Phone
3 Permanent Address for Receipt of
Official Mail" 20 Thomasboro Rd SW, Calabash, NC 28467
4. Mine Office Address 537 Royal Oak Road, Supply, NC
5. Mine Manager Wayne Smith
Mine Manager Email waynesbackhoe@atmc.net
Telephone 910-579-7103 Cell Phone 910-443-3929
1 certify that all details contained in this permit application are true and correct to the best of our knowledge.We
fully understand that any willful misrepresentation of facts will be cause for permit revocation.
Signature"' 1� ,,5 Date jz ZZ
Print Name Waynettmith
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 Division of Energy,Mineral,and Land Resources must be notified of any changes in the permanent address or telephone number.
*"Signature of company officer required.
G.S.74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete
application or,if a public hearing is held,within 30 days following the hearing and the filing of any supplemental information
required by the Department All questions must be addressed,and all required maps provided before this application can
be considered complete.Attach additional sheets as needed.
Revised September 21,2021 P a g e 12
NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612
Division of Energy,Mineral,and Land Resources (919)707-9220
NOTE:All 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 the following that apply:
F� 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 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:
This is an application for a MODIFICATION to a mining permit.
Mining Permit Number: Total permitted acreage:
Does the modification involve acreage within the previously approved permitted boundary?
YES FINO
If yes,indicate the acreage to be covered by this modification
Does the modification involve acrea a outside the previously approved permitted boundary?
YES NO
If yes,indicate the additional acreage to be covered by this modification
NOTE:You must complete all of Section F of this application form entitled Notification of Adjoining
Landowners
Of the acreage to be added to the permit,will any portion be affected(i.e.:disturbed,ground cover
removed)by the mining operation?
YES F�NO
If yes,indicate the acreage to be affected within the acreage to be added to the permit
The modification fee is based upon the proposed new affected acreage within the previously
approved permitted boundary plus the proposed total acreage to be added outside the previously
approved permitted boundary.
® This is an application for TRANSFER of a mining permit.
Mining Permit Number. 10-81 Total permitted acreage: 16.35
Revised September 21, 2021 P a g e 12
NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612
Division of Energy,Mineral,and Land Resources (919)707-9220
MINING FEE SCHEDULE
A nonrefundable permit application processing fee when filing for a new mining permit,permit modification,or transferred permit is
required as follows:
APPLICATION TYPE 0-25ACRES 26+ACRES
New Permit Applications $3 750.00 $5,000.00
Permit Modifications $750.00 $1,000.00
Permit Transfers $100.00 $100.00
Annual Operating Fee $400.00 $400.00
Acres for new permits means the total acreage at the site to be covered by the permit Acres for modification of permits means the
new affected acres within the previously approved permitted boundary plus the proposed total acreage to be added outside the
previously approved permitted boundary.
2. Name of all materials mined: Sand
3. Mining Method:
❑ Hydraulic Dredge Q Front-end Loader&Truck ❑Shovel&Truck
Dragline&Truck Self-loading Scraper Excavator&Truck
❑Other(please explain):
4. Expected maximum depth of mine(feet) -35 Below Natural Ground Level
Depth is relative to what benchmark?(e.g.,natural ground level,mean seal level,road elevation,etc.)
Expected average depth of mine(feet) -25
5. Has an area at this site been rm ed i the past?
YESff N0 41
If yes,when and by whom was this activity conducted?
6. Estimated life of the operation(years): 10
NOTE:The Department may request cadfication on how life of mine was calculated.
Revised September 21, 2021 P a g e ) 3
NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612
Division of Energy,Mineral,and Land Resources (919)707-9220
E.DETERMINATION OF AFFECTED ACREAGE AND BOND
The following bond calculation worksheet is to be used to establish an appropriate bond(based upon a range of$500 to$5,000
per affected acne)for each permitted mine site based upon the acreage approved by the Department to be affected during the
life of the mining permit Please insert the approximate acreage,for each aspect of the mining operation,that you intend to affect
during the life of this mining permit(in addition,please insert the appropriate reclamation cost/acre for each category from the
Schedule of Reclamation Costs provided with this application form)OR you can defer to the Department to calculate your bond
for you based upon your maps and standard reclamation costs.-
CATEGORY AFFECTED RECLAMATION RECLAMATION
ACREAGE COST/ACRE COST
Tailings/Sediment Ponds Ac. X $ 0 /Ac. = $ 0.00
Stockpiles 0.50 Ac. X $ 1,800 /Ac. = $900.00
Waste Piles 0.50 Ac. X $ 2,000 /Ac. = $ 1,000.00
Processing Area/Haul Roads 0.67 Ac. X $ 29000 /Ac. = $ 1,340.00
Mine Excavation 11.92 Ac. X $ 500 /Ac. = $ 5,960.00
Other 0.00 Ac. X $ 0 /Ac. = $ 0.00
TOTAL AFFECTED AC.: 13.59 Ac.
TOTAL PERMITTED AC.: 16.35 Ac.
Temporary&Permanent Sedimentation&Erosion Control Measures:
Divide the TOTAL AFFECTED AC.above into the following two categories:a)affected acres that drain into proposed/existing
excavation and/or b)affected acres that will be graded for positive drainage where measures will be needed to prevent offsite
sedimentation and sedimentation to onsite watercourses and wetlands.
a) Internal Drainage 12.59 Ac.
b) Positive Drainage 0.00 Ac. X $1,500.00 = $ 0.00
SUBTOTAL COST:$ 99200.00
Inflation Factor:
SUBTOTAL COST LIFE OF MINING OPERATION OR LIFE INFLATION COST
OF LEASE(YEARS)
0.02 X $ 9,200.00 X 10 = $ 1,840.00
Total Reclamation Bond Cost:
ETOTA:LECLAMATION BOND COST= SUBTOTAL+INFLATION = $11,000.00
Round down to the nearest 100.40
NOTE:The reclamation bond cannot exceed$1 million per GS 74-54
Revised September 21, 2021 Page 114
NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612
Division of Energy,Mineral,and Land Resources (919)707-9220
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 fight 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 Wa ne Smith Print Name Wayrfe Smith
Title(if applicable) Title
Company(if applicable) Company
Address 20 Thomasboro Rd SW Mine Name Royal Oak
Calabash, NC 28467 Telephone 910-579-7103
Telephone 910-579-7103 Date Signed
Date Signed
'Signature must be the same as the individual who signed Page 1 of this application.
One original and five(5)copies of the completed application,six(6)conies of all location maps,mine maps and
reclamation maps and the appropriate processing fee in the form a check or money order payable to the North Carolina
Department of Environmental Quality must be sent to the Raleigh 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.
Revised September 21, 2021 P a g e 119
MINING PERMIT TRANSFER CHECKLIST
As set forth in G.S. 74-51 of the Mining Act of 1971, a valid mining permit may be transferred from one
party to another, provided that the following actions have been completed:
One (1) original and one (1) copy of the following are required:
1) The proposed new permittee must request in writing that the existing permit be transferred and
clearly state the new operator's name (company or individual). The proposed new permittee
must also indicate that he accepts any and all responsibilities and liabilities with respect to the
Mining Act of 1971.
-�2) The proposed new permittee must complete the first 3 pages of the mining permit application
form. Please be reminded that only the entire (existing) permitted area can be transferred. The
Act does not allow transfer of part of the permitted area.
✓ 3) Both the landowner of the land covered by the permit and the new proposed permittee must
sign the Land Entry Agreement contained in the mining permit application form.
4) An updated mine map must be submitted for the site clearly indicating the items listed under
Section B - Maps of the mining permit application form.
5) A letter from the existing permittee must be submitted requesting that the mining permit be
transferred to the proposed new permittee. The existing mine name and permit number must
be identified in the letter.
The original of the following documents are required:
6) A non-refundable $100.00 processing fee must be submitted before the transfer request can be
processed. The check must be made out to the Department of Environmental Quality.
7) An acceptable security (performance/reclamation bond) must be submitted by the new
permittee to replace the existing bond. Therefore, page 14 of the application form (the bond
calculation worksheet) must be completed in order to validate the appropriate bond amount.
The new security/bond must be in the same name as the proposed new permittee. In the event
the new permittee already has a bond (blanket bond) in full force and effect sufficient to cover
the new site, this step will not be necessary.
After all of the above information has been received and deemed complete, the transfer of the permit will
be finalized. The old permittee will be notified by letter of the effective date of the permit transfer, and, if
applicable, the existing bond will be returned. The new permittee will be sent similar notification along with
a copy of the transferred mining permit. Please note that until the permit has been transferred to the new
permittee, the existing permittee will be held responsible for maintaining compliance with the mining
permit conditions
For more information, contact the DEMLR Regional Office servicing your area, the Central Office at (919)
707-9220 or at https://deg.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-
perm its/mining-program.
Revised October 2020 RECEIVED
DFC 28 2021
LAND QUALITY SECTION