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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 r.':1:1,-r.Nlfi�yl++.'DIY J{li3L U6t All, iA"�•�'h.rrp s e 11FlJJJ �1 ('Ntt� Hfi�pquprtti. 1+� A'.eknr �.u�lJ'' n{l.Lltr.r, n»:1tCrll�:;.� .. t6rJflGa{1T7:41 t41G 6 <I•;tUc '�i;.l Uu !! A l Y[7 1: It! 90,"1 071, l 1:f. pAi1t IFU Cq l r. f•.{jDIJ: rt :,a�,fXllffsfi111: h%!rieW.ti' .j.L!lU4!;L kylul l,•wltr Wl. J.i;-Y.I' k;f'r'{i Our All. h(. {i:1it Ll,J -•Ifr+ilrrl61Jm'�l i�nRY' 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