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HomeMy WebLinkAbout13-36_1_Redacted ROY COOPER Governor MIGHAEL S. REGAN SeeR(ary Enagy,Mineral& WILLIAM E. (TOBY)VINSON, JR. Land Resources tnr"In Ob"`°r envwmvnelv.AL QUALITY February 16, 2018 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7015 0640 00079831 2999 Dr. Ralph S. Christy Jr. 730 Wilheim Place Concord, North Carolina 28025 RE: Mugo Processing and Stockpile Mine Mining Permit No. 13-36 Cabarrus County Yadkin River Basin Dear Dr. Christy: We have received the $40,300.00 Surety Bond No. S-B65016 issued by NGM Insurance Company for the referenced mining operation. As this new surety bond sufficiently covers the mining operation, the enclosed Irrevocable Standby Letter of Credit No. A-153 for $40,300.00 issued by Uwharrie Bank (formerly Cabarrus Bank & Trust Company) is hereby released by the Department of Environmental Quality for your disposal. This office is closing its bond cancellation/forfeiture action. Thank you for your cooperation and prompt attention to this matter. If you should have any questions on the above, please contact me at (919) 707-9220. ,Sgrcerely- J dy Wehner Assistant State Mining Specialist Enclosure: Irrevocable Standby Letter of Credit No. A-153 cc: Mr. Zahid Khan Mr. John Payne, Esq., Attorney General's Office Mr. Kenneth Yelton, Uwharrie Bank, PO Box 1970, Concord, NC 28026 Nothing Cc mpares�� Stale or North CaroRrz I EirtronntcMdl gtaLty I Energy.Mineral and Land N,Turce5 51ZN.Salisbury Street I IE13 Mall 5erulre Centro I Naingh.Noah Carolina Z/d991517 9107079200 ROY COOPER N . co,9nmr MICHAEL S. REGAN Energy,Mineral& WILLIAM E. (TaaY) VINSON, JR. Land Resources mremm wrxtor ENVIRONMENTAL 9uumy February 14, 201 n �Jt Jy�I�n CERTIFIED MAIL RETURN RECEIPT REQUESTED BOND CANCELLATION & FORFEITURE NOTICE 7015 0640 0007 9831 2999 7015 0640 0007 9831 3002 Dr. Ralph S. Christy, Jr. Mr. Kenneth E. Yekon 730 Wilhelm Place SE Uwharrie Bank Concord, North Carolina 28025 PO Box 1970 Concord, North Carolina 28026 RE: Mugo Processing and Stockpile Mine Permit No. 13-36 Cabarrus County Yadkin River Basin Dear Dr. Christy and Mr. Yelton: This office has received notification of Uwharrie Bank's (formerly Cabarrus Bank & Trust Company) intent to cancel tour $40,300.00 mine reclamation bond (Irrevocable Standby Letter of Credit No. A-153. The effective date for the cancellation is April 13, 2018, 2016. Please note that if the bond is not reinstated or replaced by March 15, 2018, the mining permit will be automatically revoked (G.S. 74-50(c)). Thus, all mining activities must cease and the entire mine site must be completely reclaimed. Should any further mining activities occur at the site after this date, such activities will be considered mining without a permit and subject to further enforcement action; such as civil penalties and injunctive relief. As a surety is required to maintain the validity of the mining permit, please arrange to substitute this bond. I am enclosing another surety form, an assignment of savings account form and an irrevocable standby letter of credit form, any of which may be used to replace the existing surety. Please be advised that this reclamation bond must remain in full force and effect until it is reinstated or replaced, or the site is completely reclaimed and deemed releasable by the Department. A review of our records indicates that the mining permit for the above referenced mine site is still active and, therefore, a valid mine reclamation bond is still required until all outstanding reclamation obligations have been met at the site. -:�>^Nothing Compares State of North carumm I Environmental QLaly I Energy.Miicral mid Lend Resources 512N.SWWWry Street 11612Mail5ervire Center I "Hoi Narth Corogna3flfl9-162 9197079200 CERTIFIED MAIL Dr. Christy and Mr. Yelton Page 2 If a substitute reclamation bond is not received by this office within this deadline, or if reclamation of the site has not commenced and is proceeding in a timely manner by this deadline, this matter will be referred to the Attorney General's Office for initiation of bond forfeiture proceedings under G.S. 74-56(d) to ensure proper reclamation of the mine site. In addition, failure to address the terms of this Notice may result in the assessment of civil penalties and/or injunctive relief against the permittee. Please contact me at (919) 707-9220 as soon as possible to convey your intentions in this matter. Your cooperation will be greatly appreciated. Sincerely, Judith A. Wehner Assistant State Mining Specialist Enclosures: Bond Forms cc; Mr. Zahid Khan Mr. John Payne, Esq., Attorney General's Office Wehner, Judy From: Kay Christy <kchnsty@mugoinc.com> Sent: Thursday, February 15, 2018 3:06 PM To: Wehner, Judy Subject: [External] RE:Surety Bond Form is CGaSRx NMkNtl idlul, aPJi; 4f , r,y,.w, lilt1ptl,,.*$$no1CbW NAWMNaltadeaantffi Judy, We are replacing our letter of credit with a bond. your inspectors came to the office today and took a picture of the bond that] am about to mail to you via FED EX. Please let me know if you need any additional information. Permit#13-36 Mugho Processing and Stockpile Thank you, Kay Kay Chrlstyl President Mugo Gravel & Grading 12600 Concord Parkway South,Concord,NC 28027 NCDOT: DBE/HUB I SCDOT: DBE I City of Charlotte: SHE 0: 704.78234781 F: 704.720.0519 1 C: 704.794-7876 kchristvnn mueoinc.com I www.mueoeraveleradin¢.com From: Wehner,Judy ]mailto:judy.wehner@ncdenr.gov] Sent: Monday, March 06, 201710:40 AM To: Kay Christy<kchristy@mugoinc.com> Subject: Surety Bond Form Judy Wehner Assistant State Mining Specialist Land Quality Section 919-707-9227 office Judv WehnerCalncdencoov Email 1612 Mail Service Center Raleigh, Norty Carolina 27699-1512 512 N. Salisbury Street Raleigh, North Carolina 27804 J r- 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. 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 UZha i°ne B A R K PO Box 1970 I Concord, NC 28026 704.262.3855 te! I 704.262.9866 far making a difference' awharrie.com February 5, 2018 State of North Carolina Department of Environmental and Natural Resources Land Quality Section 1612 Mail Service Center Raleigh North Carolina 27699-1620. Re: Letter of Credit fi A-153 Ralph S. Christy, Jr. To Whom It May Concern: Please be advised that the subject Letter of Credit has not been renewed. The customer has advised the bank that they intend to replace this Letter of Credit with a Surety Bond. They are currently in the process of securing the Bond. Best Regards, Uwharrie Ba�rdc�- Kenneth E. Yelton Executive Vice President RECENED FE8 13.2018 L'AND'e61ALIT' . MINING PROGRAM 31 ,�j� 1.` Ia�i9 AOY COOPER Lore corm MICHAEL S. RECAN Serrerory Energy.Minerof& - TRACY DAVIS Land Resources aervl99xwexruowlm December 1,2017 Ralph S Christy Jr Ralph S Christy Jr 730 Wilhelm Place NE Concord, NC 28025 RE: Mining Permit No. 13-36 Mugo Processing and Stock Pile Cabarrus County Dear Ralph S Christy 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 St.2017-209, all existing mining permits and any newly issued mining perils are to be issued for the life of site or for the duration of the lease ter. The 9ife 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 dale 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 Weimer, Assistant State Mining Specialist, or me at(919)707-9220. Sincerely, t/ William'Toby`Vinson, Jr., PE, CPM Interim Director, DEMLR slae ofwonhcarollna 1 Environn2mal Quality I EmYY Kncmlundlwid9m mvs 512N.Sallsburysrree[ I Ibg MAt SmvkeCmnr I haklgh.Nonh Caro1ha2%99-%12 4197079200 MUM North Carolina Department of Environment and Natural Resources Pal McCrory John E. Skvai III Governor Secretary December 16, 2014 Dr. Ralph S. Christy, Jr. Mugho Processing and Stockpile 730 Wilhelm Place NE Concord, North Carolina 28025 Re: Mugho Processing and Stockpile Mine Mining Permit No. 13-35 Cabarrus County Yadkin River Basin Dear Dr. Christy: Your recent request to have the above referenced mining permit modified has been approved. The modification to allow off-site generated concrete and stone to be temporarily brought on-site and includes the ability to crush and recycle said material as per the information submitted to the Land Quality Section on November 17, 2014. A copy of the modified permit is enclosed. The conditions in the modified permit were based primarily upon the initial application. Modifications were made as indicated by the modification request and as required to insure compliance with The Mining Act of 1971. The expiration date, mine name and permit number shall remain the same as before the modification. I would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition No. 11.F. 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 lies with you. As a reminder, your permitted acreage at this site is 13.47 acres and the amount of land you are approved to disturb is 10.24 acres. Division of Energy, Mineral, and Land Resources Energy Section •Geological Survey Section• Land Quality Section 1612 Mail Service Center,Raleigh,North Carolina 27699-1612.919-707-9200 r FAX:919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604• Internet:http:liperwi.nodenr.orolwebA An.Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Qr. Christy Page Two Please review the modified permit and contact Judy Wehner, Assistant Mining Specialist, at (919) 707-9220 should you have any questions concerning this matter. Sincerely, Ja et . Boyer, P t to Mining Specialist I_ d Quality Section JSBljw Enclosures cc: Mr. Zahid Khan, PE Mr, William Gerringer-Mine and Quarry Bureau, w/o enclosures T , 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: Ralph S. Christy, Jr. Mugho Processing and Stockpile Mine Cabarrus County — Permit No. 13-36 for the operation of a Stockpile and Processing Facility 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: March 26 2020 Page 4 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, revolve 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 the 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 Whenever 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. Modifications December 16, 2014: This permit has been modified to allow off-site generated concrete and stone to be temporarily brought on-site and includes the ability to crush and recycle said material as per the information submitted to the Land Quality Section on November 17, 2014. Expiration Date This permit shall be effective from the date of its issuance until March 26, 2020. Conditions Page 5 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. B. Any storm water runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Management Commission. It shall be the permittee's responsibility to contact the stormwater program to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject-to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, water of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4: A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. Mining activities, including the installation and maintenance of the approved sediment basins and associated diversion channels, shall be conducted as indicated on the Mine Maps received by the Land Quality Section on December 11, 2009 and the supplemental information received on September 16, 2009, October 19, 2009, October 31, 2009 and December 11, 2009. C. Only clean stone, concrete, brick, soil material and land clearing vegetative debris shall be brought on site for processing and recycling. Page 6 r 5. All mining permit boundaries (13.47 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. T The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. . Sufficient buffer (minimum 25 foot undisturbed) shall be maintained between any excavation and any mining permit boundary or right-of-way to protect adjacent property. 10. A physical barrier consisting of a fence or earthen berm, etc., shall be maintained around the perimeter of any highwall. 11. 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 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 maybe 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. 7449 (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 B. drill steel t Page 7 D. If mining refuse is to be permanently disposed within the mining 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. E. Only clean stone, concrete, brick, soil material and land clearing vegetative debris shall be brought on site for processing and recycling. F. Used, clean concrete and stone shall only be allowed on the permitted site and is allowed to operate crushing operations for the purposes of recycling and reuse provided that the following conditions are met: 1. Appropriate quality control measures shall be taken when the used concrete arrives onsite to ensure that all such concrete processed onsite is clean, inert material. 2. Used, clean concrete shall be temporarily stockpiled and processed within existing approved affected areas draining to existing approved erosion and sedimentation control measures. 3. No used, clean concrete material shall be permanently disposed of onsite. 4. Any foreign material that may be found within the used concrete must be separated from the concrete and properly recycled or disposed off-site. 5. Recycling operations shall occur as per the information submitted to the Land Quality Section on November 17, 2014. 12, 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. 13. 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 and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. 14. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $40,300.00 Irrevocable Standby Letter of Credit, 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. • • Page 8 f 15, 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 9 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 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 fuither, and subject to the Reclamation schedule, the planned reclamation shall be to regrade and satisfactorily revegetate any disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for planned future use are as follows: A. All the final perimeter sideslopes shall be graded to a 3 horizontal to 1 vertical or Flatter slope. Page 10 13. Any settling ponds or sediment basins shall be backfilled and stabilized. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition 11A through F. F. 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 following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15 —April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1 —July 31 Common Bermuda 50 August 1 — October 25 Lespedeza (unscarified) 30 German millet 40 October 25 --- February 15 Rye (grain — temporary) 120 Soil Amendments Lime - 2000 Ibs/acre or follow recommendations from a soil test. Fertilizer - 1000 lbs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 lbs/acre and anchored appropriately. Page 11 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. This permit; issued March 26, 2010, is hereby modified this 16th day of December, 2014 pursuant to GS 74-52. By: - U, Tracy E. Davis, Director Divisioii o Energy, Mineral and Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT ®PERMITTED MINE SITE ❑ UNPERMITTED MINE SITE 1. MINE NAME: Mugo Processing and Stock Pile 2. MINE LOCATION: Hwy 29 3. COUNTY: Cabarrus 4. RIVER BASIN: Yadkin 5. CASE: 6. OPERATOR: Ralph S. Christy,Jr. 7. ADDRESS: 730 Wilhelm Place NE, Concord,NC 28025 8. MINING PERMIT#: 13-36 ❑ N/A 9. PERMIT EXPIRATION DATE: 3/26/2020 10. PERSON(S) CONTACTED AT SITE: Chris Christy 11. PICTURES? ❑ Yes ®No TAKEN BY: 12. TYPE OF INSPECTION: - ❑A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: ac. (attach sketch map) 2. How was this area measured? Measured by: ®B. Routine Inspection (Permitted Mine Sites) ❑C. Follow-up Inspection 13. Date of last inspection: 12/8/2014 14. Any mining since that date? ® Yes ❑ No If yes, cite evidence of such mining activity: Trucks entering and leaving site. 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: 17. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No ® N/A If no,explain: Not evaluated. 18. Is there any off-site damage? A. ❑ Yes B. ❑ No C. ® None observed If A, describe the type and severity of the damage: If B or C, is there potential for offsite damage? ® Yes ❑ No Explain: Maybe in case of a big storm that might overtop the basin. 19. Corrective measures needed and/or taken: N/A 20. Other recommendations and comments: N/A 21. Is the Annual Reclamation Report+/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed ❑ NIA 22. Follow-up inspection needed? ❑ Yes ® No Proposed date 23. No. of additional pages of Inspection Report: None 24. Copy of Report sent to operator 11/5/2015 INSPECTED BY: Samar Bou-Ghazale DATE 11/3/2015 Telephone No: 704-663-1600 Copy to file Copy to operator Copy to Mining Specialist ,F REC'E/V NOV 7 2015 M1INING ROG1"rY RAM North Carolina Department of Environmental Quality Pat McCrary Donald R.van der Vasil Governor Secretary November 5, 2015 Ralph S. Christy, Jr. 730 Wilhelm Place,Northeast Concord, North Carolina 29025 RE: Mugo Processing and Stock Pile Permit# 13.36 Cabarrus County,N.C. Dear Mr. Christy: Attached is a copy of our report documenting an inspection recently conducted at a mine site for which our records show you to be responsible. The inspection was performed under the provisions of North Carolina General Statute 74-56 of the Mining Act of 1971, Please review the report carefully and note any problems or deficiencies documented by the inspector. Furthermore,please note any recommendations and/or specific corrective actions required to correct any deficiencies that may be listed. The responsibility for understanding and complying with the terms and conditions of your mining permit and the Act lies with you. Please do not hesitate to contact this office if you have any questions concerning the attached report. Your cooperation is appreciated. Sincerely, Samar Bou-Ghazal: Assistant Regional Engineer SBG/eys Attachment [cc:-Mning Speciaht'st ` - - Land Quality Section-Mooresville Regional Dam 610 East Center Avenue, Suite 301,Mooresville,North Carolina 28115 Telephone: 704-663-1699/FAX, 704-663-6040•Internet: htlp://portal.ncdenr.orgAvehArAandquality An Equal Opportunity AffrmaUveAction Employer-Made in pad by recycled paper w-_ i� Wehner, Judy From: Warrick,Jennifer Sent: Wednesday, December 31, 2014 3:48 PM To: Wehner,Judy Cc: Ralph Christy(mchristy@iclaud.com) Subject: Mugo Gravel and Grading exemption letter Attachments: MugoGravelAndGrading_EXEMPT 20141230.docx Judy, I have attached the electronic copy of the exemption letter for Mugo Gravel and Grading, which indicates that an Air Quality Permit is not required at this time- Mr. Christy was mailed a hardcopy with Mr. Slack's signature on.December 30, 2014, Please let me know if you have any questions. Jennifer Womick, El Environmental Engineer NC DENR, Division of Air Quality Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Phone: (7D4) 235-2224 Fax: (704) 663-7579 www.ncair.org 4R4#HintVYYVii YYtYVNRtti4tltltR}##}}YYiii Y4YYV VYRi YYfHtttVttttt}4#t 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 regulation. tYtYti YYYi YitRtR}}t4tlYYYRi4RV iVt###tt#V#tR##tt4i#RRR44iiR VRi#4tt4444##} t NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E, Skvada, III Govemor Secretary December 30, 2014 Mr. Ralph Christy, Owner Mugo Gravel and Grading, Inc. 730 Wilhem Place NE Concord, NC 28025 SUBJECT: Permit Applicability Determination Applicability Determination Application No. 2538 Mugo Gravel and Grading, Inc. Concord, Cabarrus County Dear Mr. Christy: The Division of Air Quality received your application on December 12, 2014 requesting that this Office determine whether an Air Quality Permit is necessary for the portable mineral crushing equipment on tracks powered by a diesel-fired engine. In light of the information provided, personnel of the Division of Air Quality have reviewed your letter relative to applicability to Air Quality Permits, and our determinations are listed as follows: 1. The crushing equipment is equipped with an internal combustion engine that can move the'equipment around the site. Therefore, it meets the definition of a self-propelled, non-road engine and is covered under Title 11 of the Clean Air Act (CAA).As such, federal rules do not apply to this source including New Source Performance Standards, Subpart 000. Therefore, the facility may qualify for an exemption per North Carolina Administrative Code 15A 2Q .0102. 2. North Carolina Administrative Code 15A 2Q .0102(c)(2)(E)(ii) provides exemptions for any facility whose actual emissions of particulate, sulfur dioxide, nitrogen oxides, volatile organic compounds, and carbon monoxide before air pollution control devices,such as uncontrolled emissions,would each be less than five tons per year, whose potential emissions of all hazardous air pollutants would be below their lesser quantity cutoff emission rate, and none of whose sources would violate an applicable emissions standard. Mooresville Regional Office-Division of Air Quality 610 East Center Avenue,Suite 301,Mooresville,North Carolina 28115 Phone:704-663-16991 FAX:704-663-7579 Internet:www.nodenr.gov An Equal opportunity 1Afrmalive Action Employer•Made in part by recycled paper Mr. Christy December 30, 2014 Page 2 3. Based on the information on 12,2014, it appears that the portable mineral crushing equipment on tracks powered by diesel-fired engines meet the requirements of the exemption since the facility-wide actual PM emissions before controls are less than five tons per year and the emission sources do not appear to violate any emission standards. Therefore, this Office has determined that an Air Quality Permit is not required for the portable mineral crushing equipment on tracks powered by a diesel-fired engine. It should be noted that this exemption from the permitting requirement does not exempt Mugo Gravel and Grading, Inc. from complying with the applicable emission control standards. Furthermore, should you decide to modify the process such that the result is an increase of emissions of air pollutants including toxic air pollutants, an Air Quality Permit may be required and Mugo Gravel and Grading, Inc. should submit a permit application to this Office prior to such actions. It should also be noted that future Regulations including Federal Maximum Achievable Control Technology (MACT) for hazardous air pollutant (HAP) may be promulgated and adopted by the Division which apply to this type of manufacturing facility. if so Mugo Gravel and Grading, Inc. may be required to apply for an Air Quality Permit for this equipment at that date. This exemption from the permitting requirement is based upon your statement that the equipment will be operated under the threshold levels as outlined in' the Regulation. Please be advised that the operation of any air pollution emission sources which results in emissions in excess of the threshold levels without an Air Quality Permit is a violation of 15A NCAC 2Q.0101, "Required Air Quality Permits." If this facility is required to obtain an Air Quality Permit for this equipment in the future because of required emissions, each day of operation of the emission sources without an Air Quality Permit represents a separate violation. Such violations may be subject to enforcement action pursuant to NCGS 143-215.114A. If you have any questions, with reference to the above matter, please do not hesitate to contact Jennifer Womick at 704-663-1699. Sincerely, Ronald E. Slack, Regional Supervisor Division of Air Quality, NCDENR cc. Mooresville Regional Office G:IAQISHARED\WPDATA\COUNTIES\CABARRUSWISC\MUGOGRAVELANDGRADING_EXEMPT 201a1230.DOCX r StateNorthCarolina Dept. ofEnvironmental and Natural Resources Land QualitySection Mooresville Regional Office Memo To: Judy Wehner From: Zahid Khan Date: 12f 12/2014 Re: Mugho Processing and Stockpile, Cabarrus County, and Yadkin Pee-Dee River Basin Application/Permit#: 13-36,Cabarrus Samar Bou-Ghazale reviewed the most recent submittal dated November 17,2014 and received in MRO on November 24, 2014 with suspense date for comments December 12, 2014. This request was modification inside the permit boundaries. No comments are offered at this time. A copy of Samar Bou-Ghazale e-mail and inspection report is attached for your review A copy of DAQ comments are attached for your review. Please contact Samar-Bou-Ghazale or me if you need additional information. RECEIVED uEC 15 2014 LAND QUALITY MINING PROGRAM 1 Khan, Zahid From: Bou-ghazale, Samar Sent: Tuesday, December 09, 2014 1:04 PM To: Khan, Zahid Subject: Mugo Processing and Stockpile Mine Permit# 13-36 Attachments: Yugo Mine.doc Mugo processing Is requesting a permit to add a portable crusher to the mining facility. An Inspection to the subject mine on 11-08-2014 revealed the site to be in compliance. It is recommended that the permit be issued. Inspection report is attached. Thanks, Samar RECEIVED Samar Bou-Ghazale-Samar.Bou-Ghazale ncdenr. ov DEC 1 6 2U14 Assistant Regional Engineer North Carolina Dept. of Environment & Natural Resources LAND QUALITY Div. of Land Resources MINING PROGRAM 610 E. Center Ave.,Suite 301 Mooresville, NC 28115 Ph: (704) 663-1699 Fax: (704) 663-6040 Switchboard: (704) 663-1699 Direct line: (704)235-2199 Fax: (704) 663-6040 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 unless this content is exempt by statute or other regulation. - 1 North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources,.Land Quality Section MINE INSPECTION REPORT ® PERMITTED MINE SITE ❑UNPERMITTED MINE SITE 1. MINE NAME: Mugo Processing and Stockpile 2. MINE LOCATION: Concord Farm Road_ 3. COUNTY: Cabarrus 4. RIVER BASIN: Yadkin 5. CASE: 6. OPERATOR: Ralph S. Christy,Jr. 7. ADDRESS: 730 Wilhelm Place NE,Concord,NC 28025_ 8. MINING PERMIT#: 13-36❑ NIA 9. PERMIT EXPIRATION DATE: 3/26/2020 10. PERSON(S) CONTACTED AT SITE: Chris Christy RECEIVED It. PICTURES? ❑ Yes ®No TAKEN BY: 12. TYPE OF INSPECTION: DEC 15 20% ❑ A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: ac. (attach sketch map) LAND QUALITY 2. How was this area measured? Measured by: MINING PROGRAM ❑ B. Routine Inspection (Permitted Mine Sites) E C. Follow-up Inspection 13. Date of last inspection: 7-10-2014 14. Any mining since that date? Z Yes ❑ No if yes,cite evidence of such mining activity: 15. Was mine operating at time of inspection? ❑ Yes 21 No If yes,explain: 16. Is the mine in compliance with the Operating Conditions of the Permit" ® Yes ❑ No ❑ NIA If no,explain: 17. is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No ® N/A If no,explain: 18. Is there any off-site damage? A. 0 Yes B. ❑ No C. ® None observed If A,describe the type and severity of the damage: If B or C,is there potential for offsite damage? ❑ Yes Z No Explain: 19. Corrective measures needed and/or taken: NIA 20. Other recommendations and comments: Mugo Processing and Stockpile is requesting a permit revision to add a portable crusher for stone and concrete. 21. Is the Annual Reclamation Report +/- map accurate? ❑ Yes❑ No (Explain) ® Not Reviewed ❑ NIA 22. Follow-up inspection needed? Yes ® No Proposed date 23. No. of additional pages of Inspection Report-None_ 24. Copy of Report sent to operator Yes INSPECTED BY: Samar Bou-Ghazale DATE 12/8/2014 Telephone No: 704-235-2199_ Copy to file Copy to operator Copy to Mining Specialist MINING PERMIT APPLICATION REVIEW FORM Forthe DIVISION OF AIR QUALITY RECEIVED DEC 15 2014 LAND QUALITY Project Name/Permit Number: Mugho Processing Mine /13-36 MINING PROGRAM County: Cabarrus - *' Due Date for Comments Back to Land Quality Section: 11/25/2014 Return To: Zahid Saeed Khan Will the operation, as proposed, violate standards of air quality? Comments: a 1\ • � a P. r+� u rk -»v YES NO Air permit required Air permits existing _(Permit # ) Other Comments: Reviewed by:� '-L�_7 z_- Ar�» Date: i r Print Name: IIriN Aye S vAJ I� 109Q005 Central Offs a Reviewer. North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT ® PERMITTED MINE SITE ❑IJNPERMITTED MINE SITE 1. MINE NAME::Mugo Processing and Stockpile 2.MINE LOCATION: Concord Farm Road_ 3. COUNTY: Cabarrus 4. RIVER BASIN: Yadkin 5. CASE: 6. OPERATOR: Ralph S.Christy,Jr. 7. ADDRESS:.730 Wilhelm Place NE,Concord,NC 28025_ S. MINING PERMIT N: 13-36❑ N/A 9. PERMIT EXPIRATION DATE: 3l26/2o20 11 N/A 10. PEBS0N(9) CONTACTED AT SITE: Chris Christy ll. PICTURES? ❑Yes ® No TAKEN BY: 12. TYPE OF INSPECTION: VED ❑ A. Initial Inspection(Unpermitted Mine Sites) 1. Size of affected land: ae. (attach sketch map) DEC 15 2014 2. How was this arm measured? Measured by: ®B. Routine Inspection (Permitted Miue Sites) LAND QUALITY C. Follow-up Inspection MINING PROGRAM 13, Date of last inspection: 7-10-2014 14. Any mining since that date? X Yes ❑ No If yes,cite evidence of such mining activity: 15. Was mine operating at time of inspection? Ll Yes N No If yes,explain: 16.- Is the mine in compliance with the Operating Conditions of the Permit? -®yes ❑ No ❑ N/A If no,explain: 17. lathe mine in compliance with the Reclamation Conditions of the Permit? ❑ Yee 0 No NIA If no,explain: 18. Is there any offsite damage? A. Lj Yes B.❑ No C. N None observed ' If A.describe the type and severity of the damage: I If or C,is there potential for offsite damage? Ej Yn No Explain: ' 19. Corrective measures needed and/or taken: MA 20. Other recommendations and comments: Mugo Processing and Stockpile is requesting a permit revision to add a portable crusher for stone and concrete. i 21. Is the Annual Reclamation Report+/- map accurate? ❑Yes ❑ No (Explain) ® Not Reviewed ❑N/A y 22. Follow-up inspection needed? Yee 9 No Proposed date {. 23. No. of additional pages of Inspettion.Report-None 24. Copy of Report sent to operator Yes INSPECTED BY: Sinner Bou-Gharale DATE 12/8l2014 - t Telephone No: 7041235-2199_ Copy to file Copy to operator Copy to Mining Specialist J MGDEHR North Carolina Department of Environment and Natural Resources Pat McCrory John E.%varle, III Governor secretary . December 9, 2014 RECEIVED Mugo Processing and Stockpile DEC 15 2014 Attention: Ralph S. Christy, Jr. LAND QUALITY 730 Wilhelm Place,Northeast MINING PROGRAM Concord,North Carolina 28025 RE: Mugo Processing and Stockpile(Permit k 13.36) Cabarrus County,N.C. Dear Mr. Christy: Attached is a copy of our report documenting an inspection.recendy conducted at a mine site for which our records show you to be responsible. The inspection was performed under the provisions of North Carolina General Statute 74-56 of the Mining Act of 1971. Please review the report carefully and note any problems or deficiencies documented by-the inspector. Furthermore,please note any recommendations and/or specific corrective actions required to correct any deficiencies that may be listed. The responsibility for understanding and complying with the terms and conditions of your mining permit and the Act lies with you. Please do not hesitate to contact this office if you have any questions concerning the attached report. Your cooperation is appreciated. l - Sincerely - Seiner Bou-Ghazale Assistant Regional Engineer . SBG/cys Attachment cc: inm-'g Specialist Land Quality section-Mooresville Regional office 610 East Center Avenue,suite 301. Mooresville,North Carolina 28115 Telephone 704-663-16991 FAX: 704-653-6040• Internet http:Oportal.nodenr,orgAvebArAand.qquality ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director RECEIVED MEMORANDUM DEC 18 2014 T0: Brenda M. Harris, Mining Program Secretary LAND QUALITY Land Quality Section p` y MINING PROGRAM FROM: Shari L.Bryant,Western Piedmont CoordinatorOII VY. Habitat Conservation DATE: 10 December 2014 SUBJECT: Mining Permit Modification for Ralph Christy, Mugho Processing and Stockpile—Permit No. 13-36, Cabarrus County,North Carolina. Biologists with the North Carolina Wildlife Resources Commission(NCWRC)have reviewed the subject permit application. Our comments are provided in accordance with provisions of the Mining Act of 1971 (as amended, 1982)(G.& 74.46 through 74-68 IS NCAC 5). The applicant is requesting a modification of their permit for mining topsoil, clay, sand,gravel, rock, and mulch. The permit modification involves acreage within the previously permitted boundary and includes adding equipment to crush and recycle concrete and stone. According to the mine map,the equipment will be located within the processing area. An unnamed tributary to Coddle Creek in the Yadkin-Pee Dee River basin Bows along the site boundary. According to the mine map, it appears there is a 75-foot buffer along this steam. Since the equipment will be located within ao area that is disturbed already, we do not anticipate significant impacts on aquatic or terrestrial wildlife resources. Therefore, we have no objection to the proposed modification. Thank you for the opportunity to comment on this permit application. If we can be of further assistance, please contact our office at(336) 449-7625 or shari.bryant&cwildlife org. cc: Ralph Christy, Mugo Gravel &Grading, Inc. 1441 Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • In: (919) 707-0028 NCDENR North Carolina Department of Environment and Natural Resources Pal McCrory John E. Skvada, III Governor Secretary December 4, 2014 MEMORANDUM TO: Judy Wehner V 0 441Vb�a Land Quality Section OFF FROM: Ground Water Management Section Q�pU'(V3ECTION Division of Water Resources SUBJECT: Comments on the Mining Permit Modification Request for: Ralph Christy Mugho Processing Cabarrus County Please find attached a copy of the mining permit modification request for the above referenced project. Based on the modification information given Mugho Processing located in Cabarrus County does not appear to have an unduly adverse effect on ground water supplies. if the mine is pumping water to stabilize activities, the Division of Water Resources would like to be contacted so that it may further investigate any potential effects on potable ground water supplies. Facilities not in the fifteen county Central Coastal Plain Capacity Use Area are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143.215.22H. This statue requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register 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 April for the previous year. If you have further questions please contact the Division of Water Resources at (919) 707-9000 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. 1611 Mail Service Center,Raleigh,North Camlina 27699-1611 Phone'.919-707.90001 Internet:%werncdencgov M Equa eppean0y I In pit by WIi Val NCDET North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor November 18, 2014 Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris t �4 Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for Ralph Christy Mugho Processing Cabarrus County N Mine Dewalering 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 December 129 2014 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 1dS Attachments 1 cc: Mr. Zahid Khan `vc! 10 2014 Division of Energy, Mineral, and Land Resources WVbKlt1 OF WATER REBl1RCES Energy Section •Geological Survey Section• Land Quality Section 1612 Mail Service Center,Raleigh;North Carolina 27699-1612.919-707.92001 FAX: 919-715-8801 512 North Salisbury Street,Raleigh,North Carolina 27504•Internet:hfto:1/conal.ncdenrcrefwoullrl An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110%Post Consumer Paper i MINING CHEMIST FOR ROUTMG L VNIpe dtNo.: h-3(a cm#. &J D*Radmh 16 I 14 RMMr. Rho B0.d11 NAM. ❑ New ❑ Rmnrd m4katam ( wkyeml kadada) ❑ MdOC&M (Nwkpmtt kadnla) ❑ 7rm r ❑ RdUff 0 MM Rekare ❑ A&MPW Rftmdkd ❑ Fa Nadel s IN,/Fa ward $ c T adds qphAm PAW t& i megke aFla; Meld de'l.Og w6^d ovaM ApNcalm xmn cbabWt•to M<mp Mel aLd bad de w AQ I Ay?i xena Fow to de dbcr a9L and bdb�m del Rggmud DOW) 4 DAk: RMhd 1�l!%�l4 Rwd 11 DkWm wdkr Raw= DdC: world 1 wd t - Me wkgi Retarafcmm dwm Ddh. Rm4A Ra'd kV ❑ ue HA A-wd*&MU Ddk: RWd Wd (od)W T4MUMr and M dtf &M aga4,tba del held m 8dpad FkAm rMk h t 3 Faxs of tk gFlkdlm and air kman W k: ❑ DMAm of Fab A RaadtA Ddk: Road Rccd ❑ Nc GalodWl"win Ddk: RMW Ra'd ❑ DMdm#MaftFkkena Ddk: Rmtd Rccd ❑ DMdM I Wfi A water emtecvatam (pkr LW Dda Rmkd Rdrd (0*w gyhom d na*ata aquas da del Ind to de)vaO ❑ DMdM of A*M A "I'aA7 Daft: RAkd Reed (wl)a.updmdmnd 0 Dtler: DAk: RMad Rted "SttsJreRsc DRh for CARm edr s. Id 1a (w Idtr OM 25 dap from rmd)d ❑ Fkaot nab tk fab": ov /LP,uI�¢al ' • A • NC®ENR North Carolina Department of Environment and Natural Resources - Pat McCrory John E. Skvarl III Governor November 18, 2014 Secretary MEMORANDUM TO: Ms. Shari Bryant Habitat Conservation Program Coordinator Wildlife Resources C m�mission FROM: Brenda M. Harris 957r� � Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for Ralph Christy Mugho Processing Cabarrus County Please find attached for your review a copy of the mining permit renewal / 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 - December 12 , 2014 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. lbmh Attachments cc: Mr. Zahid Khan Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section a Land Quality Section 1612 Mail Service Center,Raleigh,North Carolina 27699-1812 a 919-707-92001 FAX 919&71R801 512 North Salisbury Street,Raleigh, North Carolina 27604• Internet: hill nodenroral An Equal Opportunity 1 Atfirmalive Action Employer—50% Recycled 110%Post Consumer Paper • Mc® North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor November 18, 2014 Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for Ralph Christy Mugho Processing Cabarrus 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 December 12, 2014 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. Zahid Khan Division of Energy, Mineral, and Land Resources Energy Section - Geological Survey Section- Land Quality Section 1612 Mail Service Center,Raleigh;North Carolina 27699-1612-919-707-92001 FAX:919-715-8801 512 North Salisbury Street,Raleigh,North Carolina 27604 - Internet:http:l/portal.ncdenr.o[glweb/lrl I An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110%Post Consumer Paper Wehner, Judy From: Wehner,Judy Sent: Monday, November 17, 2014 4:52 PM To: Parker, Michael - Cc: Khan, Zahid Subject: 13-36 DWR REVIEW SHEET 2013 Attachments: 13-36 DWR REVIEW SHEET 2013.doc Here's the review sheet for the modification of the Mugho Processing Mine in Cabarrus County. 1 Peal this form 0 PDF Refum PDF of this/arm to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy the permlftea. MINING PERMIT APPLICATION RENEW FORM for the DIVISION OF WATER RESOURCES THIS SECTION TO BE FILLED OUT BY DEMLR: Project Name: Mugho Processing DEMLR Permit# 13-36 County: Cabarrus Applicant's Email: PERMIT ACTION TYPE: YES NO Date Commencing rr rr Have land disturbing activities started? Date? F r r r 2010 Latitude: 35.3832 Longitude: -80.6553 Please return comments to (at DEMLR CO): Judy Walther Comments due by: December 12, 2014 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 BIMS? YES NO 401 Welland Cart..required? 401 Wetland Cart. existing? r r Permit#_ 7- <_ Doe&DWR RO have anoughdnformatlonto .determine-if a 401 certification Is required? Is an O & M Plan needed? YES NO Are wetlands disturbed at this siteY r r f r { Does DWR RO suspect or know of nearby r r r r wetlands to the site? — Is a wetland'delineation required prior to - r r D _ - DWR Issulnifthe permit? r r onsultant_ r r 'r�Onsite? Rau SanlemhPr 9M f1 Armt Nis loan to PDF Relem PDFW Nis Mrm Po DEMtR CO by emek ae DEMER RO,DWR SPU. Send a copy M Me permMee. .:,f rOffske7 . t Stream Determination Needed? Stream.Determination Completed?. Does DWR RO need a statement that no wetlands/streams are disturbed rt rt for this project from applicant? Buffer Determination Needed? t f r Buffer Determination Completed? r( r( Recycle system permit existing? ' r( ermit# r New Recycle System permit required?' r( r Enough Information to determine?Non-discharg e•permit existing? .' 'E(IPermll (Unknown. WIII wastewaters discharge to HOW waters r( r Permittee t7Q10 must with a 7010.0? Flow:— determine. 17 ( Has Violation ( O&M Requirements r( HQWr7Q70 Concerns Does.DWR require DEMILR to hot the � !r( 'Payback fees or renew., _ permitje:g:so DWR'oah'ievlaw lt;furtherorDWR'pertnit because DWR requires more informationj7 . ©Other. . Please describe the reason to ' hold the permit: RO contact: Mine must wait to dewster until an O&M plan is r ( r t approved? — Reviewed by: DWR RO Surface Water:_ Regional Office: Date: RO Aquifer Protection Section: — Regional Office: — Date: — RPw APmPmhnr 7nm yradiv, Inc. 7fauting*So nd°(Dirt*Stone*(Rt Graver De„ ' Topsoil"Mu&("SiteworeTree Estimatesr^--`t L'O Box 1961 Concord, 5VC 28026 Office(704)782-3478 Tar(704)720-OS19 November 13, 2014 RECEIVED ECEI` 7E NOV 12 2014 NC DENR LAND QUALITY Judy Wehner MINING PROGRAM 1612 Mail Service Center Raleigh, NC 27699-1612 Dear Ms. Wehner. We would like to add the ability to crush and recycle concrete and some stone at the Mugho Processing site on Concord Farms Road in Concord, North Carolina. You and I have discussed this approximately three weeks ago. We are sending with this letter five copies of the mining map, which includes the location of the portable crusher. Our estimate is that we will be crushing 300 to 400 tons per day, three to four times per week. We have also enclosed a check for seven hundred�pd fifty dollars ($750.00). We can provide additional information about the specific crusher irfnecessary. We are still in negotiations with the companies over which crusher we will be purchasing. We will be happy to provide any additional information. You can reach me on my cell at (704) 794.7873 or you can contact Elaine Schmiedeshoff at (704) 782-3478. Sincerely, ` Rbph S.�Christy,Jr. Enc. APPLICATION FOR A MINIMA PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RECEIVED LAND QUALITY SECTION NOV 19 2014 APPLICATION FOR A MINING PERMIT LAND QUALITY (PLEASE PRINT OR TYPE) MINING PROGRAM 1. Name of Mine Mueho Processing and Stock Pile County Cabarrus River Basin Yadkin Latitude (decimal degrees to four places) N 35.3832 Longitude (decimal degrees to four places) W 80.6553 2. Name of Applicant' Ralph S. Christy, Jr. 3. Permanent address for receipt of official mail'" 730 Wilhelm Place, NE Concord, NC 28025 Telephone ( 704 ) 933-6846 Alternate No. ( ) 4. Mine Office Address 2600 Concord Parkway South, Concord,NC 28027 Telephone ( 704 ) 782-3478 5. Mine Manager David Tucker We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. •••Signature Date November 13, 2014 Print Name Ralph Steven Christy.Jr Title VP • This will be the time that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security)that corresponds to this site. '* The Land Quality Section must be notified of any changes in the permanent address or telephone number. Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt ofa Era 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. •APPLICATION FOR A MIN* PERMIT • 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' 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 RENEW L of a mining permit, indicate the mining permit number and the total (overall) acreage covered y the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): ® If this is an application for a MODIFICATION. to a mining permit, indicate the mining permit number and the total (overall) acreage covered y the existing permit. Mining Permit No.: Total permitted acreage: Doe he modification involve acreage within the previously approved permitted boundary? Yes 12SI No u. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Doe e modification involve acreage outside the previously approved permitted boundary? Yes No M. If yes, indicate the additional acreage to be covered by this modification: . (NOTE: you must complete all ofSection F.of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the Permit,will any portioi}n��f this acreage be affected(i.e.:disturbed, ground cover removed) by the mining operation? Yes LJ No ❑ (if no, a"minor modification" fee of$100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit(the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ❑ If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by I e existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Topsoil. Clay. Sand. Gravel, Rock, Mulch 3. ning method: u Hydraulic Dredge ® Front-end Loader & Truck ® Shovel & Truck I.J Dragline & Track Self-loading Scraper Other(explain): Screening. Crushing 4. a. Expected maximum depth of mine (feet) 4 feet 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) 4 feet -2- lb APPLICATION FOR A MINS PERMIT 5. Has any area(s) at this site been mined in the past? Yes ❑ No If yes, when and by whom was this activity conducted? 6. Number of years for which the permit is requested (10 years maximum): 10 B. MAPS 1. Clearly mark and label the location of your mining operation on six(6)conies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six(6) conies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing,Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5"' floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 http://portal.ncdenr.org/web/Ir/geological home 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.nedot.orc/W is/ 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/cxcavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants(processing plants maybe described as to location and distance from mine if sufficiently far removed) i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on-site haul roads. 1. Location of planned and existing on-site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. -3 - APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) I. Name of Mine Mueho Pxocressina and Stock Pile County Cabarrns River Basin Yadkin Latitude(decimal degrees to four places) N 35.3832 Longitude(decimal degrees to four places) W 80.6553 2. Name of Applicant* Ralph S. Christy, Jr. 3. Permanent address for receipt of official mail** 730 Wilhelm Pl. NE. Concord,NC 28025 Telephone (704) 933-6846 Alternate No. (704) 794-7873 4. Mine Office Address 4847 Trinity Church Rd. Kamwolis.NC 28081 Telephone (704) 933-6846 5. Mine Manager Scatt Blake We hereby certify that all details contained in this Permit Application are true and curred to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature /ti Date916-09 Print Name Ralph Steven Christy, Title VP ' This will be the name that the mining permit will be issued to and the name that most 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. pp �V�irr if _ J Y°T•�oupounm uiNnnu�O:mmmouoiwnw fie..sP011N "nimuuv!Nn�m�mwnim—n r Z� uunmm y,. k— � a, /mow ��,�� � ec7�ea l,�vj. Al � p',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. Skvarla, III, Secretary February 7, 2013 Dr, Ralph S. Christy, Jr. Mugho Processing and Stockpile 730 Wilhelm Place NE Concord, North Carolina 28025 RE: Permit No. 13-36 Mugho Processing and Stockpile Mine Cabarrus County Yadkin River Basin Dear Dr, Christy: On February 7, 2013, the Department received a letter from Cabarrus Bank & Trust pertaining to your company's $40,300.00 mine reclamation bond. Said letter rescinded the cancellation of Irrevocable Standby Letter of Credit No. A-153. Thus, as this letter of credit will remain in full force and effect to cover your company's reclamation obligations, this office is closing its bond cancellation/forfeiture action. Thank you for your cooperation and prompt attention to this matter. If you should have any questions on the above, please contact me at (919) 707-9220. Sincerely, Judith A. Wehner Assistant State Mining Specialist Land Quality Section CC' Mr. Zahid Khan Ms. Kathy Cooper, Esq., Attorney General's office Ms. Anita LeVeaux —Attorney General's Office Mr. Kenneth E. Yelton— Cabarrus Bank & Trust, PO Box 1970, Concord, NC 28026- 1970 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:httn:/!Portal.ncdenr.orglwe 11r1 An Equal Opportunity 1 Affirmative Action Employer—50% Recycled 110%o Post Consumer Paper Cabarrus Bank & Trust February 6, 2013 State of North Carolina Department of Environmental and Natural Resources Land Quality Section 1612 Mail Service Center p® � Raleigh, North Carolina 27699.1612 ht C��A V9 E® FE8 07 jell Re: Letter of Credit A-153 Ralph S. Christy,Jr. LAND CIUALITy SECTION To Whom It May Concern: Please be advised that the subject letter of credit has been officially approved for renewal effective as of this date. The renewal process will be completed prior to the March 11" expiration date of the letter. If additional information or conformations are required at this time, please advise me accordingly. Sincerely, Cabarrus B t Company 7 K neth E. y ton Executive Vice President cc: Credit File Chris and Kay Christy 700 Church Street, Nmth Post Office Box 1970 ♦ Conco7d, Nmth Cawlim 280261970 Telephone:(704) 262-3855 ♦ Fax: (704)262,9866 aww.CabamaBankandTnat.com • ®RA • 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 Skvada,Secretary January 10, 2013 RECEIVE® CERTIFIED MAIL. FEB 07 2013 RETURN RECEIPT REQUESTED BOND CANCELLATION & FORFEITURE NOTICE LAND QUALITY SECTION 7008 1300 0000 1126 2249 7008 1300 0000 1126 2256 Dr. Ralph S. Christy, Jr. Mr. Kenneth E. Yelton Mugho Processing and Stockpile Cabarrus Bank & Trust 730 Wilhelm Place NE PO Box 1970 Concord, North Carolina 28025 Concord, North Carolina 28028-1970 RE: Mugho Processing and Stockpile Mine Permit No. 13-36 Cabarrus County Yadkin River Basin 'Dear Dr. Christy and Mr. Yelton: This office has received notification from Cabarrus Bank and Trust that Dr. Ralph S. Christy, Jr.'s $40,300.00 mine reclamation bond (Irrevocable Standby Letter of Credit No. A- 153) may not be renewed. If the Irrevocable Standby Letter of Credit is not renewed, the effective date for its cancellation is March 10, 2013. - . - — -- -Please-note-that-if the-bond-is not-renewed or replaced-by February 2013 the------ mining permit will be automatically revoked (G.S. 74-50(c)). Thus, all mining activities must cease and the entire mine site must be completely reclaimed. Should any further mining activities occur at the site after this date, such activities will be considered mining without a permit and subject to further enforcement action, such as civil penalties and injunctive relief. As a surety is required to maintain the validity of the mining permit, please arrange to substitute this bond. I am enclosing another surety form, an assignment of savings account form and an irrevocable standby letter of credit form, any of which may be used to replace the existing surety. 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 hithrilnodalmodem.amnvebnraand-aua An Equal opportunity 1 Affirmative Action Employer-50% Recycled 110%Post Consumer Paper CERTIFIED MAIL Dr. Christy and Mr. Yelton Page 2 Please be advised that this reclamation bond must remain in full force and effect until it is reinstated or replaced, or the site is completely reclaimed and deemed releaseable by the Department. A review of our records indicates that the mining permit for the above referenced mine site is still active and, therefore, a valid mine reclamation bond is still required until all outstanding reclamation obligations have been met at the site. If a substitute reclamation bond is not received by this office within this deadline, or if reclamation of the site has not commenced and is proceeding in a timely manner by this deadline, this matter will be referred to the Attorney General's Office for initiation of bond forfeiture proceedings under G.S. 74-56(d) to ensure proper reclamation of the mine site. In addition, failure to address the terms of this Notice may result in the assessment of civil penalties and/or injunctive relief against the pennittee. Please contact me at (919) 707-9220 as soon as possible to convey your intentions in this matter. Your cooperation will be greatly appreciated. Sincerely, Ju ith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosures: Bond Forms cc: Mr. Zahid Khan Ms. Anita LeVeaux, Esq., Attorney General's Office Ms. Kathy Cooper, Esq., Attorney General's Office North Carolina Department of Environment and Natural Resources, _ Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. Mine Name: Mugo Processing and Stock pile 2. Mining permit#: 13-36 3. Operator: Ralph S. Christy Jr. 4. County: Cabarrus 5. Address: 730 Wilhelm Place NE Concord, North Carolina 28025 6. Permit expiration date: March 26, 2020 7. Person(s) contacted at site: David, Mine Supervisor 8. Was mine operating at time of inspection? Yes: X No: 9. Pictures: Yes: X No: 10. Date last inspected: 1-17-2012 11.Any mining since last inspection? Yes: X No: 12. Is the mine in compliance with the Operating Conditions of the permit? Yes: No: X If no,explain: Bond Cancellation Notice received from Raleigh. 13. Is the mine in compliance with the Reclamation Conditions of the permit? Yes: No: X if no,explain: All disturbed areas, slopes, stockpile locations, processing areas, and access routes need to be stabilized per reclamation conditions. 14. Did any of the above deficiencies result in offsite damage? Yes: No: X If yes, describe the type and severity of the damage: 15. Corrective measures needed and/or taken: 1. Stabilize all slopes and grade to an angle adequate to sustain vegetation. 2. Stabilize all borrow/processing areas. 3. Stabilize all stockpile areas or distribute on site for purpose of reclamation only. 4. Remove and stabilize all access roads. 16. Other recommendations and comments: The inspection of the mine was performed after receiving a notification of bond cancellation. Please note that if bond is not reviewed or replaced by due date, the mining permit will be automatically revolted (G.S. 74- 509c)). As a surety is required to maintain the validity.of the mining permit, please arrange to substitute this bond. Overall mine site is in good shape. Feel free to contact me with any questions. 17. is the Annual Reclamation Report+/- map accurate? Yes: No: (explain) 18. Follow-up inspection needed? Yes: X No: Proposed date: March 2013pending Bond Renewal 19. Number of additional pages of inspection report: 0 20. Copy of report sent to operator: X Inspected by: Erich Schweiber Date: January 14"' 2013 Phone number: 704-663-1699 Wehner, Judy From: Khan, Zahid Sent: Tuesday, January 15, 2013 9:02 AM To: Wehner, Judy Cc: Boyer, Janet: Vinson, Toby; Schwelber, Erich; Khan, Zahid Subject: RE: Bond cancellation notice for 13.36 Mugho Processing Attachments: Mugo Processing Mine 13-36 pits 1-14-13.doc; 13,36 Mugo Processing 1-14-11cloc Please see attached inspection report and pictures for this mine. We already uploaded in the I-Beam. Let us know if you need anything else. From: Wehner, Judy Sent: Thursday, January 10, 2013 1:11 PM To: Khan, Zahid; Schwelber, Erich Cc: Boyer,Janet; Vinson, Toby Subject: RE: Bond cancellation notice for 13-36 Mugho Processing From: Khan, Zahid __- —___--�_— ���--- Sent:Thursday, January 10, 2013 1:07 PM To: Wehner, Judy; Schwelber, Erich CC: Boyer, Janet; Vinson, Toby Subject: RE; Bond cancellation notice for 13-36 Mugho Processing Where is the notice? From: Wehner, Judy Sent: Thursday, January 10, 2013 10:33 AM To: Khan, Zahid; Schwelber, Erich Cc: Boyer, Janet; Vinson, Toby; Wehner, Judy - Subject: Bond cancellation notice fur 13-36 Mugho Processing Here's the notice we received. Inspect the site within 5 working days. If the site is not 100% reclaimed, call the reclamation conditions out of compliance and list all of the reclamation that needs to be done to close out the site. 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. 1 f 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, Govemor Director John Skvarla, Secretary January 10, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED BOND CANCELLATION & FORFEITURE NOTICE 7008 1300 0000 1126 2249 7008 1300 0000 1126 2256 Dr. Ralph S. Christy, Jr. Mr. Kenneth E. Yelton Mugho Processing and Stockpile Cabarrus Bank & Trust 730 Wilhelm Place NE PO Box 1970 Concord, North Carolina 28025 Concord, North Carolina 28026-1970 RE. Mugho Processing and Stockpile Mine Permit No. 13-36 Cabarrus County Yadkin River Basin 'Dear Dr. Christy and Mr. Yelton: This office has received notification from Cabarrus Bank and Trust that Dr. Ralph S. Christy, Jr.'s $40,300.00 mine reclamation bond (Irrevocable Standby Letter of Credit No. A- 153) may not be renewed. If the Irrevocable Standby Letter of Credit is not renewed, the effective date for its cancellation is March 10 2013. Please-note-that-if-the-bond-is not-renewed or-replaced-by-Feb ruary_9i,2013;the - mining permit will be automatically revoked (G.S. 74-50(c)). Thus, all mining activities must cease and the entire mine site must be completely reclaimed. Should any further mining activities occur at the'site after this date, such activities will be considered mining without a permit and subject to further enforcement action, such as civil penalties and injunctive relief. As a surety is required to maintain the validity of the mining permit, please arrange to substitute this bond. I am enclosing another surety form, an assignment of savings account form and an irrevocable standby letter of credit form, any of which may be used to replace the existing surety. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612-Telephone 919.707-9220 I FAX:919-733-2876 512 North Salisbury Street,Raleigh,North Carolina 27604•Internet:http://Portal,ncdenr.orgt eblrliand-quality An Equal Opportunity 1 Affirmative Action Employer—50%Recycled l 10%Post Consumer Paper CERTIFIED MAIL Dr. Christy and Mr. Yelton Page 2 Please be advised that this reclamation bond must remain in full force and effect until it is reinstated or replaced, or the site is completely reclaimed and deemed releaseable by the Department. A review of our records indicates that the mining permit for the above referenced mine site is still active and, therefore, a valid mine reclamation bond is still required until all outstanding reclamation obligations have been met at the site. If a substitute reclamation bond is not received by this office within this deadline, or if reclamation of the site has not commenced and is proceeding in a timely manner by this deadline, this matter will be referred to the Attorney General's Office for initiation of bond forfeiture proceedings under G.S. 74-56(d) to ensure proper reclamation of the mine site. In addition, failure to address the terms of this Notice may result in the assessment of civil penalties and/or injunctive relief against the permittee. Please contact me at (919) 707-9220 as soon as possible to convey your intentions in this matter. Your cooperation will be greatly appreciated. Sincerely, Judith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosures: Bond Forms cc: Mr. Zahid Khan Ms. Anita LeVeaux, Esq., Attorney General's Office Ms. Kathy Cooper, Esq., Attorney General's Office i Wehner, Judy • • From: Wenner, Judy Sent: Thursday, January 10, 201310:33 AM To: Khan, Zahid; Schweiber, Erich Cc: Boyer, Janet; Vinson, Toby; Wehner, Judy Subject: Bond cancellation notice for 13.36 Mugho Processing Here's the notice we received. Inspect the site within 5 working days. If the site is not 100% reclaimed, call the reclamation conditions out of compliance and list all of the reclamation that needs to be done to closeout the site. 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. 1 I Cabarrus Bank & Trust January 8, 2013 State of North Carolina Department of Environmental and Natural Resources Land Quality Section 1612 Mail Service Center �y Raleigh, North Carolina 27699-1612 f-'`. HCEIp VED JAN 09 7013 Re: Letter of Credit A-153 Ralph S. Christy,Jr. LAND QUALITY SECTION To Whom It May Concern: Please be advised that the subject letter of credit has not yet been renewed. Underwriting of the requested renewal is underway, but all required information has not been received and the renewal of the letter is not yet approved as of this date. If the renewal is approved, 'verification will be sent immediately. Sincerely, Cabar jai rust Company Kenneth E. elton Executive Vice President cc: Credit File Chris and Kay Christy 700 Church Street, North Post Office Box 1970 • Concord, Nmth Carolina 280261970 Telephone:(704) 262-3855 • Fax: (704) 262,9866 amnu.Cabar Bankandrruscmm - ern NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Land Quality Section Beverly Eaves Perdue, Governor Director and Stale Geologist Dee Freeman, Secretary January 19, 2012 RECEIVED JAN 2 51911 Ralph S- Christy, Jr, LAND QUALITY SECTION Attention: Mrs. Christy 730 Wilhelm Place NE Concord, North Carolina 28025 RE: Mugo Processing and Stock pile (Permit # 13-36) Cabarrus County, N.C. Dear Mrs. Christy: Attached is a copy of our report documenting an inspection recently conducted at a mine site for which our records show you to be responsible. The inspection was performed under the provisions of North Carolina General Statute 74-56 of the Mining Act of 1971. Please review the report carefully and note any problems or deficiencies documented by the inspector. Furthermore, please note any recommendations and/or specific corrective actions required to correct any deficiencies that may be listed. The responsibility for understanding and complying with the terms and conditions of your mining permit and the Act lies with you. Please do not hesitate to contact this office if you have any questions concerning the attached report. Your cooperation is appreciated. Sincerel i// amem Epl1' PE Assistant Regional Engineer TE/cys Attachment Cc: Mining Specialist Mooresville Regional Olfice 610 East Center Avenue, Suite 301, Mooresville, North Caroline 28115 • Phone: North Carolina Department of Environment and Natural Resources, Division of Land Resources Land Quality Section MINE INSPECTION REPORT (PERMITTED MIND 1. Mine Name: Mugo Processing and Stock pile 2. Mining permit#: 13-36 3. Operator: Ralph S. Christy Jr. 4. County: Cabarrus 5. Address: 730 Wilhelm Place NE Concord, North Carolina 28025 6. Permit expiration date: March 26, 2020 7. Person(s) contacted at site: Mrs. Christy, and David Mine Supervisor 8. Was mine operating at time of inspection? Yes: X No: 9. Pictures: Yes: X No: 10. Date last inspected: 4-29-10 11. Any mining since last inspection? Yes: X No: 12. Is the mine in compliance with the Operating Conditions of the permit? Yes: No: X If no, explain: OC 9 4 and 6 13. is the mine in compliance with the Reclamation Conditions of the permit? Yes: X No: If no, explain: 14. Did any of the above deficiencies result in offsite damage? Yes: No: X If yes, describe the type and severity of the damage: 15. Corrective measures needed and/or taken: 1. Clean and maintain Traps A and B and any additionally installed measures associated with water treatment. 2. Work on slope stabilization along the slopes of the North Stockpile area and repair beginning rills along the slopes of the east side in the same vicinity. 3. Install an additional check dam at south side of the Processing area as discussed in the field. 4. Continue to maintain an adequate entrance to the site to prevent sediment from impacting roadways. 16. Other recommendations and comments: The inspection of the mine was performed after receiving a notification of bond cancellation. Please note that if bond is not reviewed or replaced by Feb. 10, 2012, the mining permit will be automatically revoked (G.S. 74-509c)). As a surety is required to maintain the validity of the mining permit, please arrange to substitute this bond. Overall mine site is in good shape. Feel free to contact we with any questions. 17. Is the Annual Reclamation Report+/- map accurate? Yes: No: (exyisin) not reviewed: 18. Follow-up inspection needed? Yes: No: X Proposed date: NIA 19. Number of additional pages of inspection report: 0 20. Copy of report sent to operator: X Inspected by: Erich Schweiber Date: January 17' 2012 Phone number: 704-663-1699 Ail:lA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D.Simons, PG, PE Beverly Eaves Perdue,Governor Director and State Geologist Dee Freeman, Secretary February 7, 2012 Dr. Ralph S. Christy, Jr. 730 Wilhelm Place NE Concord, North Carolina 28025 RE: Permit No. 13-36 Mugho Processing and Stockpile Mine Cabarrus County Yadkin River Basin Dear Dr. Christy: On February 7, 2012, the Department received a letter from Cabarrus Bank & Trust pertaining to*your $40,300.00 mine reclamation bond. Said letter rescinded the cancellation of , surety bond no. A-153. Thus, as this bond will remain in full force and effect to cover your company's reclamation obligations, this office is closing its bond cancellation/forfeiture action. Thank you for your cooperation and prompt attention to this matter. If you should have any questions on the above, please contact me at (919) 707-9220. Sincerely, y A� Ashley L. odgers Assistant State Mining Specialist Land Quality Section CC.' Mr. Zahid Khan Ms. Anita LeVeaux, Esq., Attorney General's Office Ms. Kathy Cooper, Esq., Attorney General's Office Mr. Kenneth Yelton, Cabarrus Bank & Trust, PO Box 1970, Concord, NC 28026 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:http://portal,ncdenr.org/web/Ir/land-quality An Equal Opportunity 1 Affirmative Action Employer--50%Recycled 110%Post Consumer Paper Cabarrus Bank & ']Crust RECEIVE® FEB 01 2012 February 3, 2012 LAND QUALITY SECTION State of North Carolina Department of Environmental and Natural Resources Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Attn: Ashley Rogers, Assistant State Mining Specialist Re: Letter of Credit g A-153 Dr. Ralph S. Christy,Jr. Dear Ms. Rogers: Please be advised that the letter of credit referenced above had been approved for renewal and the cancellation is hereby rescinded. The Letter of Credit remains in full force and effect. Please advise me if other information or documentation is required. Sincerely, Cabarrus B ust nl. Kenneth . yelton Executive Vice President 700 Church Street, North 1 Post Office Box 1970 Coneord, North Carolina 28026-/970 Telephone:(704) 2623855 ♦ Foxy (704) 262-9866 www.CabarsusBankandT t.com Rodgers, Ashley From: Rodgers,Ashley Sent: Wednesday, January 11, 2012 1:43 PM To: Khan, Zahid Subject: Bond Cancellation Notice: Mugho Processing & Stockpile Mine (13-36) Attachments: D00031411.pdf Zahid, Please see attached. We got a cancellation notice for mining permit no. 13-36. Please have someone inspect for bond cancellation ASAP. The bank is trying to renew the LOC, but went ahead and gave notice that if the renewal is not approved they will consider the bond cancelled. Let me know if you have any questions or need anything. Thanks, Ashley Rodgers Assistant State Mining Specialist NCDENR Land Quality Section' 1612 Mail Service Center Raleigh, NC 27699 (919) 733-4574 (919) 715-8801 - fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message----- From: ashley.rodgers@ncdenr.gov [mailto:ashley.rodgers@ncdenr.gov] Sent: Wednesday, January 11, 2012 1:42 PM To: Rodgers, Ashley Subject: Send data from MFP-07165797 [SCAN TO E-MAIL] 01/12/2012 13:41 Scanned from MFP-07165797. Ashley Rodgers SCAN TO E-MAIL Date: 01/12/2012 13:41 Pages:3 Resolution:200x200 DPI ---------------------------------------- A14 i A NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources .and Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary January 10, 2012 CERTIFIED MAIL RETURN RECEIPT-REQUESTED BOND CANCELLATION & FORFEITURE NOTICE 7008 1300 0000 1125 6927 7008 1300 0000 1125 6934 Dr. Ralph S. Christy, Jr. Mr. Kenneth E. Yelton 730 Wilhelm Place NE Cabarrus Bank & Trust Concord, North Carolina 28025 PO Box 1970 Concord, North Carolina 28026-1970 RE: Mugho Processing and Stockpile Mine Permit No. 13-36 Cabarrus County Yadkin River Basin Dear Dr. Christy and Mr. Yelton: This office has received notification from Cabarrus Bank and Trust that Dr. Ralph S. Christy, Jr.'s $40,300.00 mine reclamation bond (Irrevocable Standby Letter of Credit No. A- 153) may not be renewed. If the Irrevocable Standby Letter of Credit is not renewed, the effective date for its cancellation is March 11, 2012. Please note that if the bond is not renewed or replaced by February 10, 2012, the mining permit will be automatically revoked (G.S. 74-50(c)). Thus, all mining activities must cease and the entire mine site must be completely reclaimed. Should any further mining activities occur at the site after this date, such activities will be considered mining without a permit and subject to further enforcement action; such as civil penalties and injunctive relief. As a surety is required to maintain the validity of the mining permit, please arrange to substitute this bond. I am enclosing another surety form, an assignment of savings account form and an irrevocable standby letter of credit form, any of which may be used to replace the existing surety. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 919.733-45741 FAX:919-733-2876 512 North Salisbury Street,Raleigh, North Carolina, 27604•lntemet:http://www,dir.enr,state.nc.usipagesilandqualitysection.html An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper CERTIFIED MAIL Dr. Christy and Mr. Yelton Page 2 Please be advised that this reclamation bond must remain in full force and effect until it is reinstated or replaced, or the site is completely reclaimed and deemed releaseable by the Department. A review of our records indicates that the mining permit for the above referenced ,.mine site is still active and, therefore, a valid mine reclamation bond is still required until all outstanding reclamation obligations have been met at the site. If a substitute reclamation bond is not received by this office within this deadline, or if reclamation of the site has not commenced and is proceeding in a timely manner by this deadline, this matter will be referred to the Attorney General's Office for initiation of bond forfeiture proceedings under G.S. 74-56(d) to ensure proper reclamation of the mine site. In addition, failure to address the terms of this Notice may result in the assessment of civil penalties and/or injunctive relief against the permittee. Please contact me at (919) 733-4574 as soon as possible to convey your intentions in this matter. Your cooperation will be greatly appreciated. Sincerely, U Ashley L. Rodgers Assistant State Mining Specialist Land Quality Section Enclosures: Bond Forms cc: Mr. Zahid Khan Ms. Anita LeVeaux, Esq., Attorney General's Office Ms. Kathy Cooper, Esq., Attorney General's Office i i RECEIVE® °�' JAN 10 1DI2 Cabarras Bank & 1ruStANO QUALITY SECTION January 6, 2012 State of North Carolina Department of Environmental and Natural Resources Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Re: Letter of Credit#A-153 Ralph S. Christy Jr. To Whom It May Concern: Please be advised that the subject letter of credit has not yet been renewed. Underwriting of the requested renewal is underway, but the renewal of the letter of credit is not yet approved as of this date. If the renewal is approved,verification will be sent immediately. Sincerely, Cabarrus7Yelton t Company Kenneth Executive Vice President 700 Church Sneer, NoTth 1 Post Office Box 1970 Comavi, Nath Carolina 28026.1970 Telephone: (704) 262-3855 • Fax: (704) 262-9866 u .Cabal Baikand7iwLcom eA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Bevedy Eaves Perdue,Governor Director and State Geologist March 26, 2010 Dee Freeman,Secretary Dr. Ralph S. Christy, Jr. Mugho Processing and Stockpile 730 Wilhelm Place NE Concord, North Carolina 28025 Re: Mugho Processing and Stockpile Mine Cabarrus County Yadkin River Basin Dear Dr. Christy: 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. 13-36 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 March 26, 2020. 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 duty adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage at this site is 13.47 acres and the amount of land you are approved to disturb is 10.24 acres. Please review the permit and contact Ms. Judy Wehner Assistant State Mining Specialist, at (919) 733-4574 of any objection or questions concerning the terms of the permit. Sin erely, Mavis, PE, CPM Chief Engineer Land Quality Section TEDlw Enclosures: Mining Permit No. 13-36 Notice of Issuance cc: Mr. Zahid Khan - 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 276W1612 • Telephone 919.73346741 FAx:919.733.2876 512 North Salisbury Streel,Raleigh,NorM Carolina, 276N•intemet:hilpliw .dlr.encstote.muslpagesllwdqualityWoo.hlml An Equal Opportunity/ABtrina iveAdion Employer-50%Recycled/10%Posl Consumer Paper I DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT For the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, " The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Ralph S. Christy, Jr. Mugho Processing and Stockpile Mine Cabarrus County— Permit No. 13-36 for the operation of a Stockpile and Processing Facility 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: March 26, 2020 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 the 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 Whenever 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 March 26, 2020. 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 storm water runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, water of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. Mining activities, including the installation and maintenance of the approved sediment basins and associated diversion channels, shall be conducted as indicated on the Mine Maps received by the Land Quality Section on December 11, 2009 and the supplemental information received on September 16, 2009, October 19, 2009, October 31, 2009 and December 11, 2009. C. Only clean stone, concrete, brick, soil material and land clearing vegetative debris shall be brought on site for processing and recycling. 5. All mining permit boundaries (13.47 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of.siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. Page 4 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to became, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 25 foot undisturbed) shall be maintained between any excavation and any mining permit boundary or right-of-way to protect adjacent property. 10. A physical barrier consisting of a fence or earthen berm, etc., shall be maintained around the perimeter of any highwall. 11. 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 defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on-site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; Page 5 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. E. Only clean stone, concrete, brick, soil material and land clearing vegetative debris shall be brought on site for processing and recycling. 12. 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. 13. 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 and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. 14. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $40,300.00 Irrevocable Standby Letter of Credit, 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. 15. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act, " should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which: continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or likely to become noxious, odious or foul. 5. The reveget8tion 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 reining 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 regrade and satisfactorily revegetate any disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for planned future use are as follows: A. All the final perimeter sideslopes shall be graded to a 3 horizontal to 1 vertical or flatter slope. Page 7 B. Any settling ponds or sediment basins shall be backfilled and stabilized. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition 11A through E. F. 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 following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15 —April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1 — July 31 Common Bermuda 5D August 1 — October 25 Lespedeza (unscarified) 30 German millet 40 October 25 -- February 15 Rye (grain —temporary) 120 Soil Amendments Lime - 2000 lbs/acre or follow recommendations from a soil test. Fertilizer - 1000 Ibs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 lbs/acre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. Page 8 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 26th day of March, 2010. By: James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application for a mining permit filed by Ralph S. Christy, Jr. to conduct mining activities off Highway 29 South in Cabarrus County. The mining permit (no.13-36) was issued on March 26, 2010. 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 150E-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 733-0926. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Ms. Mary Penny Thompson, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. (►� 'Jame . Simons 0 Director Division of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on 3 I!7 Brenda Harris Mining Program Secretary W Nm \ 1 O / U \\\ l 7 .o Q Ni tG co WCc7 do � Q CIL L. 18 M. cog D i % D. � / Q j ! CC, ��ti \ \ f % N % A V / / /•Ld I u"I It III y, /v' 1 �V AIf V) % Q N w i If — -- - , �� � ♦ I I '1 I � 11 ! U A I v° yhee Ln i a \\ j 3 i Lj d I. 1 T C o II \\ \ {I I U) CD I j I_ LLJI � °v IfLO CL t \ 4 ) CC ol 1 'I LL CZ z SOIL DRIVI_. a \ V 1 I z \ 1 Y: ii ro 1 , CL" r 00 I C I V. JL� W � CO U J CL `ri \ i 1 U a A \\ m\\ O QCL � � Q Uw i / Qo E N ems _ 1 C) U N � U w I R ' O O �' i 4 Cf) U) Za. :5m - I— CONSTRUCTION SEQUENCE 1. SET UP AN ON—SITE PRE—CONSTRUCTION CONFERENCE NTH EROSION CONTROL INSPECTOR TO DISCUSS EROSION CONTROL MEASURES. TOTAL DISTURBED AREA = 9.15 ACRES 2. INSTALL SILT FENCE, SEDIMENT TRAPS, DIVERSION DITCHES, TREE PROTECTION, AND OTHER MEASURES AS SHOWN ON THE PLANS, CLEARING ONLY AS AREA 1 = 3.25 ACRES NECESSARY TO INSTALL THESE DEVICES. AREA 2 = 5.90 ACRES 3. THE CONTRACTOR SHALL DILIGENTLY AND CONTINUOUSLY MAINTAIN ALL EROSION CONTROL DEVICES AND STRUCTURES 4. FOR PHASED EROSION CONTROL PLANS. CONTRACTOR SHALL MEET NTH EROSION CONTROL INSPECTOR PRIOR TO COMMENCING EACH PHASE. CALL YOU DIG I 632-4949 5. STABILIZE N.C. SITE AS AREAS ARE BROUGHT TO GRADE OR AS STOCKPILE AREAS ARE SHIFTED OR REDUCED IN SIZE. ITQNE-CALL CENTER S THE LAW 1 G. ALL EROSION CONTROL MEASURES ARE TO BE CONSTRUCTED IN ACCORDANCE WITH THE N.C. EROSION AND SEDIMENT CONTROL PLANNING AND DESIGN MANUAL, U.S. DEPARTMENT OF AGRICULTURE 7, COORDINATE WITH EROSION CONTROL INSPECTOR PRIOR TO REMOVAL OF EROSION CONTROL MEASURES, MODIFIED CONSTRUCTION ENTRANCE - WIDTH TO MATCH EXISTING FARM ROAD - EXISTING 15" EXISTING DITCH { RCP CLEAN WATER DIVERSION - 00 CO CO uj Z zU 0 0 0 IL / ° � z ° Fz co 00 I / EX FENCE Irr/ ' a . STABILIZED AREA - LIMITS OF DISTURBANCE Z � � O � c o y` / � ' o TEMPORARY DIVERSION DITCH c,I / f O 1 SEDIMENT TRAP 1 . ...... DRAINAGE AREA j ell ca 4.03 ACRES ,e 0 ell STABILIZED AREA p POROUS BAFFLES EXISTING BERM W/ DENSE GRASS g WELL ESTABLISHED - f /� Occ SMALL TREES SEDIMENT TRAP 1 r. DENSE GRASS LL lei L O - - SILT FENCE _ S OIL_STOCKPILE ;— P STABILIZED AREA DO SOIL _ - --- 597 Oftft OFT ftm O SILT FENCE z �n < < x- �� - < < - i /l w L) DISTURBED AREA 2 x / af Ir x SEE SHEET C-3 — , r i EXISTING TREE LINE I ' STABILIZED AREA r-� i DENSE GRASS - - I IX) SOIL STOCKPILE Na / O e PROJECT: / DRAWN: JMR CHECKED: JMR DISTURBED AREA 1 GRAPHIC SCALE DATE: 513.09 w m W IN SCALE: 1^ = 40' SHEET OF ( IN MT ) i imh _ 40 rc C— 2 5 m DA S � \ x D _m y 0 \, 00 z D 0xf �D m mm _x \ _x / v --'0 milliMW n _ 00 — I r 00 0O ` ' 1 I ` Dz D D m m D v i s D D z 1 0 I I �d N m ` I m _ I ` —` ` z z .CT CA) CC1 c m 1 0 1 I I A D D COI m z o `ro 4 ` 0 I I > ` \S�� m m X I� v \ � cn cn D z m ` 1 C" I 1 N I I U) oM I I I A ; D Nm = 1 I x ` I 0> > I I , A J NOS (li > W mN 00 AAA ' z 0 4� D y O 52 IO2 0M 2 N D I I z m m m m N> ti \ ` Z ZO N Y Z KF (] ' \ m , ` I' m yy m D CO RNI A yVl = 0 •' / Aw% 1p1 Z N 0 0 O O Z z - b c o > a o 0'M z vi m ` q I . _ _ NZ UDI 0 p DO o O �i A OO D O Z �m m \ ` Z ZA m O ,O„ OM dow r o m o m D c \ r D cci z a �'!^ y j f NN m too O o o z x 0 I V O r=m O Z �' '� 0 O 0 O C / \ D D o W nnN A O D 0 Z z m O x 2 O C \ ' n D r Z 0tl O O A N O \ - m m y ♦ q c M N r = m T \ ♦ U O O D D K N 5 ' 1 ' \ i. ♦ m m z m D. Z x y z m r0_n\ pp ` ♦♦ O D y r z D tlp ♦ g n M N 0 z \ z z z D ♦ 0 z gq m 0 0 0 \ p ♦ z x z z o M N ♦ i o o A q m A 0 5 m O ` m Z p A N O 8 N m \ p D o m VV M 0 C O M \ .p D O q z 0 o D N Uq D z C m tl D A to m p m m x x YY o Z OA Z m O Y w M N 0 � I z v m m s 0 A 0 Z ' m N m O m O o 9V z z m u 0 z m 0 AU z 0 \ Z 0 A \ \ 0 o m z y \ \ m D !n c 0 0 m \ n In N nU Z x A O m 0 \ VI o z \ \ \ I loop �y x \ I M \ 1 m s v o n r woo K 3 m > \ m mr m D D N VI D mx0 II s a > Zcco R Q W rm zn ��m \ - rn �ArM =ZIOA � mn ma10 YN �FmC *ONO m $ AO NO DATE MUGO EROSION c> D = REVISION BY MUGO GRAVEL & C7 2 D � mDO Mr- m O : 1. 5.7.09 PER CABARRUS COUNTY JMR m Z Mn 2. 5.13.09 PER CABARRUS COUNTY JMR C H R I STY' S NURSERY GRADING INC. TRINITY EROSION CONTROL PLAN 4847 KANNAPO IS, NCR 8CH 081D Concord Farms Road , Concord , NC NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary March 22, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1300 0000 1124 0025 Dr. Ralph S. Christy, Jr. Mugho Processing and Stockpile 730 Wilhelm Place NE Concord, North Carolina 28025 RE.- Letter of Credit No. A-153 Proposed Mugho Processing and Stockpile Mine Cabarrus County Dear Dr. Christy: Please find enclosed the new bond that your bank recently submitted to this office. I regret to inform you that this new irrevocable standby letter of credit is not acceptable because page 2 has not been completed and the original page 3 must be submitted. I am returning the bond as per your request for your disposal. If you or your bank has any questions concerning this matter, please contact me at (919) 733-4574. Sincerely, LIL! , udith Wehner Assistant State Mining Specialist\ Land Quality Section Enclosures cc: Mr. Zahid Khan 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX. 919-733-2876 512 North Salisbury Street,Raleigh, North Carolina,27604 An Equal Opportunity 1.-urmative Action Employer—50%Recycled\to%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Govemor Director and State Geologist Dee Freeman, Secretary March 17, 2010 CERTIFIED MAIL RETURN LRECEIPT REQUESTED 7001 0360 0000 5313 6272 Dr. Ralph S. Christy, Jr. Mugho Processing and Stockpile 730 Wilhelm Place NE Concord, North Carolina 28025 RE: Letter of Credit No. A-153 Proposed Mugho Processing and Stockpile Mine Cabarrus County Dear Dr. Christy: Please find enclosed the bond that you recently submitted to this office. I am returning the bond as per your request for your disposal. It is my understanding that the Irrevocable Standby Letter of Credit will be replaced with a new Irrevocable Standby Letter of Credit with the correct applicant/operator name. If you or your bank has any questions concerning this matter, please contact me at (919) 733-4574. Sincerely, It i ith . Wehner Assistant State Mining Specialist\ Land Quality Section Enclosures cc: Mr. Zahid Khan 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 91a-733-45741 FAX, 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina, 27604 An Equal Opportunity 1 Af,-.radve Action Employer-50%Recycled,,S o%Posi consumer Paper r � Wehner, Judy From: Wehner, Judy Sent: Tuesday, March 16, 2010 9:30 AM To: 'kchristy@carolina.rccom' Subject: RE: Letter of credit- Mugo Gravel &Grading, Inc. Attachments: page 1 2008.doc; LEA 2008.doc We received the ISLOC late yesterday but it is not in the correct new. It's supposed to be Ralph S. Christy, Jr. as the applicant/permitee not Ralph S. Christy Jr. and Karen M, Christy. If you want to change the applicant/permitee to Ralph S. Christy Jr. and Karen M. Christy, then complete a new page 1 and 18, Line 2 of page one should read "Ralph S. Christy Jr. and Karen M. Christy" and both should sign the form. We need a new page 18 for Karen M. Christy. Return the originals to me. If you want me to return the ISLOC and have it changed, let me know, Let me know if you have any questions. -----Original Message----- From: kchristy@carolina.rr.com [mailto:kchristy@carolina.rr.com] Sent: Sunday, March 14, 2010 3:03 PM To: Wehner, Judy Subject: Letter of credit - Mugo Gravel & Grading, Inc. Mello Ms. Wehner, Cabarrus Bank and Trust sent our letter of credit to your attention by Fed Ex on Friday, March 12, They sent it to the Mail Center address that was requested in the documents. They did not know that you were requesting the documents mailed to your physical addresss. I hope that does not cause any inconvenience for you. The documents should have arrived on Saturday. Also, I thought they were mailing those to you on Thursday. I didn't get the message that I needed to sign a document before the letter could be mailed. My husband signed on Thursday and I thought the paperwork was complete. I apologize for this delay. Sincerely, Karen Christy Mugo Gravel & Grading, Inc. 704 782-3478 1 • M 'of ! RCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue,Governor Director and State Geologist Dee Freeman,Secretary January 26, 2010 Dr. Ralph S. Christy, Jr. Mugho Processing and Stockpile 730 Wilhelm Place NE Concord, North Carolina 28025 Re: Mugho Processing and Stockpile Mine (Draft Permit) Cabarrus County Yadkin River Basin Dear Dr. Christy: Your application for a mining permit for the above referenced mine site has been reviewpci hut, not yet anproved. Fnr..lnspH is a rilraf�,of the mining .hermit ,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 revised mine map (see enclosed worksheet). The bond amount for .this site is $40,300.00. The bond is required before the permit can be issued. For your convenience, 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., Ralph S. Christy, 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 919-7334574 t FAX:919-733-2876 512 North Salisbury Street,Raleigh,North Carolina,27604- Internet:http:/lwww.dlr.enr.state.nc.uslpagesllandqualitysection,html An Equal Opportunity 1 Affirmative Acllon Employer—50%Recycled 110%Post Consumer Paper f Dr. Christy Page Two Please contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 if you have any questions. Sincerely, Francis M Nevils, Jr. PE Section Chief FMN/jw Enclosures cc: Mr. Zahid Khan File i DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT For the operation of a mining activity In accordance with the provisions of G.S. 7446 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: Ralph S. Christy, Jr. Mugho Processing and Stockpile Mine Cabarrus County— Permit No. for the operation of a Stockpile and Processing Facility 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: *, 2020 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 4.+..4 i.. - —r '4. . i. . u. Vi-:tO 4 irr1V P fe 4ra LLV. YIt, - 0-+ IG Q%A W Us C 141IL V 11.3 Ili k;l lL LU modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at-the 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 Whenever 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 *, 2020. 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 storm water runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, water 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. r1dequaie iijechaoiudi is an'iei-s iticiudilig bui i'tui iirriiied ill dive)siont;, Cattier dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. Mining activities, including the installation and maintenance of the approved sediment basins and associated diversion channels, shall be conducted as indicated on the Mine Maps received by the Land Quality Section on December 11, 2009 and the supplemental information received on September 16, 20090ctober 19, 2009, October 31, 2009 and December 11, 2009. C. Only clean stone, concrete, brick, soil material and land clearing vegetative debris shall be brought on site for processing and recycling. 5. All mining permit boundaries (13.47 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. S. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. ! • • Page 4 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 25 foot undisturbed) shall be maintained between any excavation and any mining permit boundary or right-of-way to protect adjacent property. 10. A physical barrier consisting of a fence or earthen berm, etc., shall be maintained around the perimeter of any highwall. 11. 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 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 4iC51l�IICtLCI,J iCIU�C�.. pl�Ct; /"1fI �1LIICf iia6te p oducts Il ust bie U-11s 1W.'aed UI ill a, disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on-site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5, steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the miming boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; • Page 5 4. verification that the refuse will be disposed at least 4 feet above the seasonally nigh water table; and 5. verification that a permanent vegetative groundcover will be established. E. Only clean stone, concrete, brick, soil material and land clearing vegetative debris shall be brought on site for processing and recycling. 12. 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. 13. 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 and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. 14. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $".00 surety bond, is required for this site, 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. 15. A. Authorized representatives of the Division of Archives and History shall be yl'ai`lieu" aL;(*SS io dle—siic iU tJCi l'if�ili+v iil+v NfcSCfi4� ui SigiiiIiu,aili di�iiclCuilJyli:iai resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act, " should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. iVV si-l-lall Poi0l5 VI wVaier Si lail be ailuwN,U iu uuiieci ui- t ei riaii l ui i irte i nit ied area ihai are, or 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 regrade and satisfactorily revegetate any disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for planned future use are as follows: A. All the final perimeter sideslopes shall be graded to a 3 horizontal to 1 vertical or flatter slope. • Page 7 B. Any settling ponds or sediment basins shall be backfilled and stabilized. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition 11A through D. F. 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 following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15—April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1 — July 31 Common Bermuda 50 August 1 — October 25 Lespedeza (unscarified) 30 German millet 40 October 25 — February 15 Rye (grain —temporary) 120 Soil Amendments Lime - 2000 Ibs/acre or follow recommendations from a soil test. Fertilizer- 1000 lbs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibs/acre and anchored appropriately. I � 0 • Page 8 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 * 2010. By: James D. Simons, Director iJiV 1.711J11 VY LGM11.1 I"\InJVVIl,G.7 By Authority of the Secretary Of the Department of Environment and Natural Resources �� Y /ri N-I: i irk r APPLICATION FOR A M NINC :R_VIIT � � : )`''`'j • Siml_ /la E. DETERMINATION OF AFFECTED ACREAGE .AND BOND t /Yqz Q S ticrLI 'il 7I:e!bilowing bond calculation 1vorksheet is to be used to establish an appropriate hand tcased:monAt range - o!SjOO to 55.000 per dlfecred=re)Tor each permitted mine site based span the acreage .:peroved by :Re Deoartmenr to be afjec:eddurin¢:he/ffe of the minirtgpermlt Prase insert the anarnsimcre_crea¢e Jor ecc%r aspect o the mining qoerarian, drat you intend roa ecr during the life o (hrsminin ermit do acdirion. fe e insert the ao r riot¢ r damecon c r/acre br oath sate ry tram the S edu(e o Recfem rion C' rr oravided with this awlicatfan trmt OR you can defer ro the er>arrment 7o calculate your lord•o you based uaon your mans and standard rectamation costs: AFFECTED RECLAMATION RECLAMATION - CATEGORY ACREAGE COST/ACRE* COST TailingsiSediment Ponds: . 4 3 Ac. X 5 /SW 3 lAc. _ -i_ Stockpiles: e. d9 Ac. X 5 /So,Ad" /Ac. = slyaeAeo Wastepiles: Ac. .- X 5 /Ac. = S Processing ArewHaul Roads: 1. lqq Ac. "X S /Ac. = 5 177aO' . vI . ,yr « . (,6 Mine Excavation: Ac. X 5 /Ac. = S Other: Ac. X S /Ac. = S TOTAL AFFECTED AC.: /Q.ax Ac. (TOTAL. PERMITTED AC.: 13.47 Ac.) Tem & Permanent Sedimentation & Erosion Control Measures: Divide the LU FAL AFFECTED AC. above into the following two categories: a) affected acres that drain into pproposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures hill be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Jl1. 1y Ac. X 51,500.00 = S /2y340 J, SUBTOTAL COST: S 33, Inir3 00 Inflation Factor. la 0.02 X SUBTOTAL COST: S 333 0_3T X Permit Life (I to 10 years): G D INFLATION COST: S 6 7Jd. to 0 TOTAL COST = SUBTOTAL COST+ INFLATION COST = S 6 3 15-Dn u Total Reclamation Boad Cost: S30a - - (round own to the nearest 5100.00) µ_ Walther, Judy From: John Day(JDDay@cabamuscounty.usj Sent: Wednesday, January 13, 2010 11:47 AM To: Wehner, Judy Cc: ochdsty@mugainc.com Subject: Notice of Surface Mining Permit Application Attachments: Notice- Ralph Steven Christy Jr.pdf Dear Ms.Wehner, The attached notice of application for a surface mining permit was hand delivered to me today by the applicant, Mr. Christy. I have no questions or concerns related to this application and waive my right to the 30 day period for comment. Please don't hesitate to contact me if you should have any questions. Best regards, John John Day Cabarrus County Manager 704-920-2895 www.cabarruscounty.us E-mail correspondence to am from wis address may subject to me Nedll CarolNa Publk I e ms Law and may be drs Osed tp thm)pmtm 1 NOTICE Pursuant to provisions G.S. 74-50(bl)of The Mining Act of 1971,Notice is hereby given that Ralph Steven Christy,Jr. _ _ _ - has applied on 9-16-09 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources,North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh,North Carolina 27699-1612, for(check one): X❑ a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s)may be submitted by the applicant to allow disturbance within this area without re-notification of adjoining landowners. The applicant proposes to mine dirt clay, wave], stone, mulch on 9.15 acres located on Concord Farms Rd.in Concord,NC offlnear road Hwy_29 South in Cabarrus County *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bMlecord, the mine operator is required to make a reasonable effort, satisfactory to the Department,to notify all owners both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51,a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed minino activity. elease contact the applicant at the followma telephone number: For information on the mining permit application review process, please contact the Mining Program sta at 919) 733-4574. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throu out the app ication review process until a final decision is made on the application. Mr. John Dgy, CougV Manager Ralph Steven Christy. Jr (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) &Company Name, if Applicable) 1-13-2010 730 Wilhelm PL NE Concord NC 28025 (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record) - 16 " • ©fin • NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James 0. Simons,PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary January 8, 2010 Certified Mail Return Receipt Requested 7008 1300 0000 1123 8039 Mr. Ralph Steven Christy Jr. ' 730 Wilhelm Place NE Concord, North Carolina 28025 RE: Mugho Processing and Stock Pile Mine Cabarrus County Yadkin River Basin Dear Mr. Christy: 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: As previously requested, provide proof, such as a copy of the signed return receipt from " certified mail, that the county manager has been properly notified. Please be advised that our review cannot be completed until all of the items listed - above have been fully addressed. Inaddition, please note the Land Quality Section may request additional information, not included in.this letter, as the mining application review - progresses. The reclamation bond has been calculated using the information submitted on the revised mine map. The reclamation bond for this site would-be S40,300.00. The calculation:. ' .worksheet is enclosed for your review and:the new,bond,will'berequired prior to approval.of: . this request. - -For your convenience, I have enclosed"a bond form, an assignment of a savings account form and irrevocable standby letter,of,credit form for your use in securing the required , bond. The name on the security must be the same as the name appearing on the•application for a mining permit, i.e., Ralph & Christy,.Jr.."- �Inaddition to one of these alternatives, you may, upon request, substitute a cash deposit. Please be"advised-that our review-cannotbecompleted.until all'of,the.items listed . above have been fully addressed. " �. ' ' 1612 Mail Service Center, Raleigh,North Carolina 276 4-1612 •Telephone 919-733-4574 f FAX:919-733-2876 512 North Salisbury Street,Raleigh,North Carolina, 27604•IntemethapJAv .dlrenr.slate.no.uslpages4andqua0ysecden.htrnl An Equal Opportunity l Alfirmaliva AdianEmpkyer-50%Recycled 1.10%Post.Consumer Paper - " Certified Mail Mr. Christy Page Two In order to complete the processing of your application, please forward two (2) copies of the requested information and the bond to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 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) 733-4574 if you have any questions. - - mcerety, phl� Assistant State Mining,Specialist Land Quality Section; . . cc: Mr. Zahid Khan .0 CUL.♦I IVC+ PV0. A IV rnrivtll -^• +�Yw�.• - wlwj . E. DETERMINATION OF ,ECTED ACREAGE AND BOND 7"ne•bilowing bond ca(c aiction worrsNeet is tv oe �u'ed ro zsraolirn an uoprooriure -m:a basea::cuN•rar.z: of 5=00 to S1.000 per arj cted acre/ rar each permirrea mine site breed upon the =-ztage aperjvec iv are .Deaarrmrrtro bear ec:ea lurirrg!helyfi nJihe mintngpermir. Pteare inserr the uvvmc'mareacre•-*a 'Or'�,eq as ec:nithe•nrwin o eration. .-hat,.ou intend roa ect aurin the.ue ar rhr Mining ermg fin aaamon. vi ore inner: r e ,:vornariate reciamcuon cosvacre $r each •ate*or• -rnm the •nedu'e ai ?ecia atto asrs arnwced Ivan rNts uevucar:on:armt OR you can serer:o the De�ar:ment to calcuiarz;nry bona"Cr van bases upon your mans and srandard rec!amarion costs: AFFECTED RECLAMATION RECL LMATION CATEGORY ACREAGE COST/ACRE* COST '. Tailings'Sediment Ponds: . 4 IS Ac. X 5 ISVQ �a /Ac. '_ 'S--�&9541 Stockpiles: 8. d7 kc. x S lWlddO /Ac. = S Nsuoo Wastepiles: - Ac. . X S /Ac. S Processing ArewHaul Roads: /T_ Ac. X S lo,DOal /Ac. S 977aoa 141 • ys . . t,g Mine Excavation: Ac. X S /Ac. = 5 Other: Ac. - X 5 /.4c. 5 TOTALAFFECTED AC.: /O,ay An (TOTAL PEPVYQTTED AC.: 13.47 Ac.) Tern orar•'ac pnanent Sedimemation at Erosion Co 11lessures. Divide dte TOTAL AFFECTED AC. above into a following two categories: a) affected acres that drain into omposedlexistine excavation and/or b)affected acres that will be graded-.or positive drainage where measures lviii be needed to prevent offsite sedimentation and sedimentation to onsite.•watercourses and ;veflands. a) Internal Drainage Ac b) Positive Drainage /U. 1t/ Ac. X sl.;K00 = S r5', 3G0 SUBTOTAL COST: 5 33 lety3 ao Inflation Factor - -- - ao 0.02 X SLSTOTAL COST: 5 3�6 b3 X Permit Life(1 to 10 years): (0 INFLATION COST: S 6 73d_ (to TOTAL COST = SUBTOTAL COST + INFLATION COST = S 4/0 3 45SGfl Total Reclamation Bond Cmt:,S yO, 3 DO (roowo to the nearest 5100.00) - ..t, ' I - .. - . . r? State of North Dept. of Environmental and Natural Resources Land QualitySection Mooresville Regional Office Memo Tm Judy Wehner Franz Zahkd Khan Date: 1/5/2010 Re: Mugho Processing and Stockpile, Cabarrus County, and Yadkin Pee-Dee River Basin ApplIcatlon/Per nit k: Ralph S. Christy,Cabanus Jennifer Jones and I reviewed the most recent submittal dated December 11, 2009 and received in MRO on December 15, 2009 with suspense data for comments January 5, 2010. The New application request with additional information was submitted for the permit These are the comments. 1. It would greatly aid further application review if a response to each of the comments were made in a cover letter submitted with the plan. It will also help if on the cover letter reference should be made about our letter and comments. 2. Sediments traps were not drawn according to the scale. Please make sure the traps should be constructed according to the design calculations. A copy of Jennifer Jones comments is attached for your review. Please contact Jennifer Jones or me if you need additional information. Khan, Zahid From: Jones, Jennifer L. Sent: Wednesday, December 16, 2009 3:22 PM To: Khan, Zahid Subject: Mugho Processing and Stockpile Zahkt, I have reviewed the mining plan for the Mugho Processing and Stockpile area. I think the plan looks complete and I do not have any comments to add at this time. If you need anything else from me let me know. Thank you Jennifer Jones Aennifer.l.ionestanodenr.aov Environmental Specialist North Carolina Department of Environment& Natural Resources Division of Land Resources - land Quality Section 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Ph: 704.663.1699 Fax: 704.663.6040 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. t r Wehner, Judy From: Khan, Zahid Sent: Tuesday, January 05, 2010 11:36 AM To: Weimer, Judy Cc: Khan, Zahid Subject: Comments for Mugho Processing and Stockpile Mine Attachments: D00010510zsk.pdf Judy: Please see attached comments for this mine and hard copy is in mail. Thanks Zahid Khan - Zahid.Khanalncdenr.aov Regional Engineer . North Carolina Dept. of Environment & Natural Resources Div. of Land Resources - Land Quality Section 610 E. Center Ave., Suite 301 Mooresville, NC 28115 - Ph: (704) 663-1699 Fax: (704) 663-6040 Please note that my e-mail address has changed. Y YwYYrttrtwwww+wtt+++trtw+#+rt+rtrtrtrt+wrtrtrtw+++#rt4rt+rt4rt 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. t State of NorthCarolina Dept. of r Natural • LandQualitySection MooresvilleRegional Memo To: Judy Wehner From Zahid Khan hate, 115I2010 Re: Mugho Processing and Stockpile, Cabarrus County, and Yadkin Pee-Dee River Basin ApplicatlonMermtt#: Ralph S. Christy,Cabarrus Jennifer Jones and I reviewed the most recent submittal dated December 11, 2009 and received In MRO on December 15, 2009 with suspense date for comments January 6, 2010. The Now application request with additional inforrriaticn was submitted for the permit These are the comments. 1. it would greatly aid further application review if a response to each of the comments were made in a cover letter submitted with the plan. it will also help if on the oover letter reference should be made about our letter and comments. 2. Sediments traps were not drawn a000rding to the scale. Please make sure the traps should be constructed according to the design calculations. A copy of Jennifer Jones comments is attached for your review. Please contact Jennifer Jones or me if you need additional information. 1 Khan, Zahld From: Jones, Jennifer L. Sent: Wednesday, December 16, 20093:22PM To: Khan, Zahld Subject: Mugho Processing and Stockpile Zahid, I have reviewed the mining plan for the Mugho Processing and Stockpile area. I think the plan looks complete and I do not have any comments to add at this time. If you need anything else from me let me know. Thank you Jennifer Jones -iennlfer I.lonesQncdem.aov Environmental Specialist North Carolina Department of Environment& Natural Resources Division of Land Resources - Land Quality Section 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Ph: 704.663.1699 Fax: 704.663.6040 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. t MIf1TNG CHECKLI5T FOR /,l K UTIN/yG n Applicant's Name: PA IAh Un r.,A. i n Project Name. 41 PA&,, ca U Y V ApplicJPermitt No.: _Gounty. (!alN,h,im, Date Received: �Q i ,) P Reviewer. 1 I� River basin Name i U [ New Renewal 0 Modification (inside permit boundaries) 0 Modification (outside permit boundaries) ❑Transfer � Release ❑Partial Release �I aitional Information ❑Fee Needed: $ 0 Fee Received: $ aP121iration Package too M alyt i,l1t Regional office (2 compiete copies; attach the "L05 Regional Office Mining Application Review ChwkliW to one copy and attach O=h the DWQ and DAQ 'Mining Application Review Form'to the other copy. send both copies to the Regional Engineer) Date: Routed a l t D " Rec'd ❑Division of Water Resources Date: Routed Reed ❑NC Wildlife Resources Commission Date: Routed Reed 0U5 Fish &Wildlife Service Date: Routed Reed (Only new applications and modification requests that add land to the permit) Please. route first 3 pages of the application and arty location macs zo- ❑Division of Parks & Recreation Date: Routed Reed 0 NC Geological Survey 5ectlon Date: Routed Reed (Only new applications and modification requests that add land to the permit) ❑Division of Archives & History Date: Routed Reed (Only new applications) ❑Other. Date: Routed Reed "5usPense Date for Comments: I s re (no later than 25 days from receipt) ❑Please mate the following: �A. Wehner, Judy • • From: Judy Brown oudy.brown@duncan-parnell.com] Sent: Friday, December 11, 20091:44 PM To: Wehner, Judy Subject: Christy's Nursery Trap A Calcs Attachments: Trap A Calcs.pdr Here you go. Have a great week-end. Judy Judy Brown . Duncan-Parnell, Inc 651 N Church Street Concord, NC 28025 (704) 782-2625 Office (704) 782-2625 Fax Need to print a job? Click here to send your files with our Web Upload tooll Please dirk banner for details 1 Sediment Trap A Okay 5.58 Disturbed Area(Acres) 17:74,Peak Flow from 25-year Storrs (cfs) 10044.Required Volume .7726.Required Surface Area 62'i Suggested Width -' 1124 Suggested Length 100 Trial Top Width at Spillway Invert « 78 Trial Top Length at Spillway Invert 2 Trial Side Slope Ratio Z:1 Trial Total Depth Bottom Width =.ttx;t 70r Bottom Length -+; 6440'Bottom Area -14218 3-Actual Volume Okay 7666Actuaf Surface Area ,okay.., „8 Trial Weir Length `,;k `Oi85 Trial Depth of Flow :'d 8:80787 Spillway Capacity Okay ;'?y Sediment Trap B ()key 3.57.Disturbed Area (Acres) - - - 16.21;Peak Flow from 25-year Storm (cfs) AA Z) 6426,Required Volume " ",1 2009 7932�Required Surface Area 63 Suggested Width _tA. CTION _ 126'Suggested Length 1070 Trial Top Width at Spillway Invert 801 Trial Top Length at Spillway Invert 2 Trial Side Slope Ratio ZA 1 Trial Total Depth 96 Bottom Width 78 Bottom Length 72961 Bottom Area 7645.2961 Actual Volume .Okay 0000,Actual Surface Area Okay i Trial Weir Length 1 Trial Depth of Flow 21 Spillway Capacity Okay _ • . '1 Sediment Trap C okay 0.5 Disturbed Area (Acres) 1.85 Peak Flow from 25-year Storm (cfs) 900,Required Volume 806,Required Surface Area 20, Suggested Width 40.Suggested Length 32.5 Trial Top Width at Spillway Invert 25 Trial Top Length at Spillway Invert 2 Trial Side Slope Ratio ZA 1.5 Trial Total Depth 26.5 Bottom Width 19 Bottom Length 503.5i Bottom Area 977.8022 Actual Volume ;Okay 812.5 Actual Surface Area [Okay 5 Trial Weir Length 0.25 Trial Depth of Flow 1.875 Spillway Capacity Okay i Sediment Trap C Okay - - d.5 Disturbed Area (Acres) 1.85 Peak Flow from 25-year Storm (cfs) 900,Required Volume 806 Required Surface Area 20, Suggested Width 40.Suggested Length 32.5 Trial Top Width at Spillway Invert 25 Trial Top Length at Spillway Invert 2 Trial Side Slope Ratio Z:1 1.5 Trial Total Depth 26.5 Bottom Width 19 Bottom Length 503.5 Bottom Area 977.8022 Actual Volume Okay 812.5,Actual Surface Area 1 Okay 5 Trial Weir Length F 0.25 Trial Depth of Flow 1.875 Spillway Capacity Okay f �f NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Govemor Director and State Geologist November 16, 2009 Dee Freeman, Secretary Certified Mail Return Receipt Requested 7003 1680 0000 1479 4998 Mr. Ralph Steven Christy Jr. 730 Wilhelm Place NE Concord, North Carolina 28025 RE: Mugho Processing and Stock Pile Mine Cabarrus County Yadkin River Basin Dear Mr. Christy: We have reviewed the application you submitted for the referenced mine site. However, the following information is needed to continue processing your application- 1. Provide proof, such as a copy of the signed return receipt from certified mail, that the county manager has been properly notified. 2. The design calculations must be based on a 25 year 24 hour storm event. Revise the calculations using the correct storm event. In addition, the design calculations show the total disturbed acreage of 5.08 acres. Since the total disturbed acreage is 9.15 acres, specify where remaining 4.07 acres will drain to and specify what sediment control measures will be provided? 3. As previously requested, show the spillway locations and discharge points on the mine map. 4. Revise the construction sequence to include the installation and maintenance of the erosion and sediment control measures. Reference to Cabarrus County should be removed since the county no longer has jurisdiction over the site. 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. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina,27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper i Certified Mail Mr. Christy Page Two The reclamation bond has been calculated using the information submitted on the revised mine map. The reclamation bond for this site would be $40,300.00. The calculation worksheet is enclosed for your review and the new bond will be required prior to approval of this request. For your convenience, I have enclosed a bond form, an assignment of a savings account form and irrevocable standby letter of credit farm for your use in securing the required bond. The name on the security must be the same as the name appearing on the application for a mining permit, i.e., Ralph S. Christy, Jr. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In order to complete the processing of your application, please forward two (2) copies of the requested information and the bond to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Departments files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, (� Judi�'Zf aLl.�J 1" Assistant State Mining Specialist Land Quality Section cc: Mr. Zahid Khan . APPLICATION FOR A MININVRMFT 0,a$S4Uta &Z44 /Na,r KOM%t � E. DETERMLNATION OF AFFECTED ACREAGE AND BOND "��{"M� 5, The followinT bondcalculat(on worksheet is robe t red ro establish an approprrare hond(based avo range Of 3)00 to 3o.000 per affected acre) breach permitted mine site$ased nport the acreage approved by the Department ro be affected dwingrhe life pjthe mirtingpermit. Please insert the aoorosimtue acreage (or each aspect oflhe minrne onerat(on that vau rote droadectdurine/he(de of thrs mrnenepermn/m addr_doon e rmart the avaroprrare reclamation coswacre Tor each care ry /rnM the schedule of Rec(mnatta provided with this gMlication/ormi OR you can deter to the Derrartment tc Calcutarc your 2gndfbr you bo.L coon vow mans arrd standard reclamation casrsi AFFECTED RECLAMATION REC"MATION CATEGORY ACREAGE . COST/ACRE• COST Tailings/Sediment Ponds: . 4 3 Ac. ,Y S /SWY I /Ac. S (,W, Stockpiles: 8• d7 Ac. X S IOAA04 /Ac. = S 1!16"00 wastepiles: Ac. -_ X S /Ac. = S Processing AreaHaul Roads: !. T t�' 'Ac. �X S /!9 /Ac. S a77a0O . 4t • .,44 r , (016 Mine Excavation: Ac. X S /Ac. = S Other: Ac. X S /Ac. S TOTAL AFFECTED AC.: /0.dV tic. (TOTAL PERMITTED AC.: 13. 47 Ac.) Ten"orary & Permanent Sedimentation & Erosion Convol Measures- Divide the TOTAL. AFFECTED AC. above into the ollowing two categories: a) affected acres that drain into pproposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watemourscs and wetlands. a) Internal Drainage Ac. b) Positive Drainage W. ay Ac. X 51,500.00 = S St. 340 SLBTOT.AL COST: S 331 1663 00 Inflation Factor. 0.02 X SUBTOTAL COST: S 3�b 63 40 X Permit Life(I to 10 -years): G0 INFLATION COST: S 6 73d_ 4 D TOTAL COST = SUBTOTAL COST+ WFLATION COST = S 41 „3 95.(sA Total Reclamation Bond Cost: S y0� 3 Da tr (round own to the nearest S100.60) - Id- APPLICATION FOR A MININCORMIT "tvw &4,4 mho qY t aruz�GV E. DETERMINATION OF AFFECTED ACREAGE AND BOND R Ind( The following bond calculation worksheet is to be used to establish an appropriate ho�hSedas upo range of S500 to S5.000 per affected acre)for each permitted mine site based upon the acreage approved by the Department to be affected during the life ofthe mining permit. Please insert the approximate acreage lbr each . aspect nffhe minine operation, that you intend m affect during the file of this minin¢cermit fin addition please insert ire appropriate reclamation cost/acre for each cateeory from the Schedule of Reclamation Casts provided with this application/orm) OR you can defer to the Department to calculate vour bond(or you based - upon your maps and standard reclamation costs: . AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: . V 3 Ac. X _. $ /57X)'D /Ac. _ S�'o+4 Stockpiles: e, all Ac. X $ /40d46 /Ac. _ $ Wastepiles: Ac. X $ - /Ac. _ $ Processing ArewHaul Roads: J.C4 Ac. X $ /(9t�'w /Ac. = S 477a°0 41 t :4(6 r , t,16 Mine Excavation: Ac.. X $ /Ae. _ $ Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: /0.A� Ac. (TOTAL PERMITTED AC.: 1.3.97 Ac.) Tem orary & 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 Ac. b) Positive Drainage IO. ay Ac. X $1,500.00 = $ /b'yt3/eDoa SUBTOTAL COST: $� Inflation Factor: 0.02 X SUBTOTAL COST: $ 331(o63 X Permit Life (l to 10 years): � INFLATION COST: S 6 73a_ & 0 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 40 .3 96'dat) Total Reclamation Bond Cost: S �� 3 Oa 0 U (round own to the nearest$100.00) ty. I • • State of North Carolina Dept. of Environmental and Natural Resources Land QualityScaction Mooresville Regional 01111fice Memo To: Judy Wehner From: Zahid Khan Date: 1028/2009 Re: Mugho Processing and Stockpile, Cab Aee am,s County, and Yadkin Pee River Basin Application/Permit N: Ralph S. Christy,Cabarrus Jennifer Jones reviewed the most recent submittal dated October 19 and 21, 2009 and received in MRO on October 21 and 22, 2009 with suspense date for comments November 13, 2009. The New application request with additional information was submitted for the permit. These are the comments. 1. The design calculations show the total denuded area 5.08 for two sediment traps, whereas total disturbed area is 9. 15. Please specify where the remaining 4 acres drains. 2. Show the spillway section and outlets on the plan. 3. Show the Discharge points on the Mine map. 4. The construction sequence must be revised to indicate the installation and maintenance of the erosion and sediment control measures. All references regarding obtain erosion control pefmit from Cabamrs County, set up preconstruction meeting with Cabamrs County Inspector should be removed. A copy of Jennifer Janes comments is attached for your review. Please contact Jennifer Jones or me 8 you need additional information. n � n • Khan, Zahid From: Jones, Jennifer L. Sent: Monday, October 26, 200910:38 AM To: Khan, Zahid Subject: Mugo Processing Zahid, At this time I do not have any comments to add about the mining permit application submitted by Mr. Christy for the Mugo Processing site off of Concord Farms Rd. The additional disturbed area has been added to the plan and I do not see anything else that needs to be added. Thank you, Jennifer Jones -ienmfer.l.ionesColnodenr.aov Environmental Specialist North Carolina Department of Environment& Natural Resources Division of Land Resources - Land Quality Section 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Ph: 704.663.1699 Fax: 704.663.6040 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 RECEIVED P: V0 709 LANQ QUALITY MININQ PROORAM Mi1V(NG CHECKLIST FOR ROUTING Applicant's Name•."I �. l hn,nl� _ Project Name. At, VAA cc &WA e, J ApplicJPermlt No.: _County. Date Received: ILo 0 Reviewer. I,Pati ti River5asin Name: Jew DRenewal ❑Modification (inside permit boundaries) ❑Modification (outside Pe it boundaries) ❑Transfer ❑ Release tial❑Par Release Additional Information El Fee Needed: $ ❑Fee Received: $ PI aMs . roirtp alitilm apple cation pa as Regional Office (z wmpiete wpiea; attach the "LQ5 Regional Office Mining Application Review Checklist`to one wpy and attach Irk the DWQ and DAQ "Mining Application Review Form"to the other copy. send both copies to the Regional Engineer) Date: Routed l aJ o9Rec'd El Division of Water Resources Date: Routed Reed ❑NC Wildlife Resources Commission Date: Routed Reed ❑U5 Fish & Wildlife 5ervice Date: Routed Reed (Only new applications and modification requests that add land w the permit) Close rote first 3 ages of the application and a W locationos to ❑Division of Parks & Recreation Date: Routed Reed 7 NC 6eoiogical 5urvey 5ection Date: Routed Reed (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date. Routed Rec'd (Only newapplications) ❑Other. Date Routed Reed "5uspen5e Date for Comments: In Emw (no laterthan 25 days from receipt) u Please note the following: 441 4a� Sediment Trap C 0.5,Disturbed Area(Acres) 1 J5 i Peak Flow from l 0-year Storm (cfs) r 9001 Required Volume 7621 Required Surface Area 20' Suggested Width 391Suggested Length 32 Trial Top Width at Spillway Invert 25 Trial Top Length at Spillway Invert 2 Trial Side Slope Ratio Z:1 1.5 Trial Total Depth 26 Bottom Width 19),Bottom Length 4941 Bottom Area 961.32471Aclual Volume Okay 6100 Actual Surface Area Okay 5 Trial Weir Length 0.25 Trial Depth of Flow 1;675 Spillway Capacity [Okeyy= Wehner, Judy From: Gene Choquette [gjcmcp@hotmail.com] Sent: Tuesday, October 20, 2009 10:52 AM To: Wehner, Judy Subject: RE: Mugho Processing Attachments: MUGHO revised.pdf Judy- Attached is a revised plan for the added truck area. If It looks good to you I will get hard copies In the mail. Thanks Gene From; judy.wehner@ncdenr.gov To: zahid.khan@ncdenr.gov CC; gjcmcp@hotmail.com Date: Tue, 20 Oct 2009 09:36:37 -0400 Subject: FW: Mugho Processing Fyi. From: Gene Choquette[malltc:gjcmcp@hotmail.com] Sent: Tuesday, October 20, 2009 9:36 AM To: Wehner, Judy Subject: RE: Mugho Processing Ok we will add It but I think It is silly to do so, it Is less than 1/2 acre, It is nearly level and it is covered in crush and run material. I dont see how erosion will take place and it is not a function of the mine. It Is for truck parking. From: judy.wehner@ncdenr.gov .__._. To: gjcmcp@hotmail.com CC: zahid.khan@ncdenr.gov Date: Tue, 20 Oct 2009 09:32:42 -0400 Subject: FW: Mugho Processing From: Khan, Zahid Sent: Tuesday, October 20, 2009 8:17 AM To: Wehner, Judy Subject: RE: Mugho Processing Judy: I do not think we can separate this area from mine.This was not part of the Erosion control plan. They need to add that area in mining permit. For your info. From:Wehner, Judy ����.—�......-.._.__..w.___..._._.-_ Sent: Monday, October 19, 2009 3:04 PM To: Gene Choquette 1 Cc: Khan, Zahid • i Subject: RE: Mugho Processing I have the erosion control plan and have routed it to Mooresville. I stil need copies of the green cards. Horny big is the parking lot? Do you need to get an erosion control plan for it if its not part of the mine site? Zahid-what do you think? From: Gene Choquette [mailto:gjcmcp@hotmail.com] �- � Sent: Monday, October 19, 2009 1:12 PM To: Wehner, Judy Subject: RE. Mugho Processing Judy- Comment #4 about the additional area that has been cleared. That is being used as a truck parking area for the grading company. it is not being used for mining, is showing the area as a stone covered parking area outside of the mining limits sufficient for this? Thanks Gene FYI Chris was/is suppose to be sending you the greens cards and the erosion plan, Is there anything else that you need? From: judy.wehner@ncdenr.gov . To: GJCMCP@hotmail.com Date: Tue, 13 Oct 2009 10:40:52 -0400 Subject: Mugho Processing Here's the letter. Not much needed. Let me know If you have any questions. ------------------------------------------ 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. Hotmail: Trusted email with powerful SPAM protection. Sian up now. Your E-mail and More On-the-Go. Get Windows Live Hotmail Free. Sign up now. Hotmail: Free, trusted and rich email service. Get It now. 2 Wehner, Judy From: Wehner, Judy Sent: Tuesday, October 20, 2009 9:37 AM To: Khan, Zahid Cc: Gene Choquette Subject: FW: Mugho Processing Fyi. From: Gene Choquette [mallto:gjcmcp@hotmail.ocm] Sent: Tuesday, October 20, 2009 9:36 AM To: Wehner,Judy Subject: RE: Mugho Processing Ok we will add it but I think It Is silly to do so, It Is less than 1/2 acre, it is nearly level and It Is covered in crush and run material. I dont see how erosion will take place and It Is not a function of the mine. It is for truck parking. From: judy.wehner@ncdenr.gov To: gjcmcp@hotmail.com CC: zahld.khan@ncdenr.gov Date: Tue, 20 Oct 2009 09:32:42 -0400 Subject: FW: Mugho Processing From: Khan, Zahid Sent: Tuesday, October 20, 2009 9:17 AM To: Wehner, Judy Subject: RE: Mugho Processing Judy: I do not think we can separate this area from mine. This was not part of the Erosion control plan. They need to add that area in mining permit. For your info. From: Wehner, Judy Sent: Monday, October 19, 2009 3:04 PM To: Gene Choquette Cc: Khan, Zahid Subject: RE: Mugho Processing I have the erosion control plan and have routed it to Mooresville. 1 stil need copies of the green cards. How big is the parking lot? Do you need to get an erosion control plan for it if its not part of the mine site? Zahid -what do you think? From: Gene Choquette [mailto:gjcmcp@hotmall.com] Sent: Monday, October 19, 2009 1:12 PM To: Wehner, Judy Subject: RE: Mugho Processing Judy- Comment #4 about the additional area that has been cleared. That is being used as a truck parking area 1 for the grading company. it is no4king used for mining, Is showing thelea as a stone covered parking area outside of the mining limits sufficient for this? Thanks Gene FYI Chris was/is suppose to be sending you the greens cards and the erosion plan, is there anything else that you need? From: judy.wehner@ncdenr.gov To: GJCMCP@hotmail.com Date: Tue, 13 Oct 2009 10:40:52 -0400 Subject: Mugho Processing Here's the letter. Not much needed. Let me know if you have any questions. ------------------------------------------ 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. Hotmail: Trusted email with powerful SPAM protection. Sign up now. Your E-mail and More On-the-Go. Get Windows Live Hotmail Free. Sign up now. 2 I �i I • 7 d t til . 'i v 4#: y R if �.. ' ct + I ' T yg; 7 I�' I F p • St1r' x'� �y` M �^5 �5 r it E a 414 • _..ay ' t t.�. Y. g� 4 ., t i� • y � 71V �/'d'�jor/t ®r� h r, ,)„ ��/ 'tea.✓ --+�e Iry i ..ii_735.:11i':" � •r/d,eO�iJ Z y��So) Jw.d �V, r df 4i<. dOd 6 i 130 % — • . r,ft8ni 4�' e1,Z mid 3.Amp alrMbd deelredP'ete Ipt r saV wo the maa MV xJ rmrtl to Hebadcmllmt or an Hla Want name aemnm " M( NB1Ay amrmor„y 4— Imm1H ❑yb r IL)?, H .aibr ENNgry��mf 0No )/// �"P/fi .: 28 ZOd9 4st,r P.xj L s CA&C off oGRm*tI, , . 2 A.LLislAnyy 4. amnem WAa1'��MaF.y Ow. - W.er.4em, rpb 7009 �0080 0000 2485 4654 PS Fom,3371,E 20W . .:Caa.m Nelue gywpt. rIW ■ ComPleta Hm.a 1,2;md3.AlmconWl A- ✓2Wat+e • Hem 4 HAosWc dDdmy u deWB c./itil . ■ Pdrrt yma nemeeM address on th reve.ae :. OAdbaeer ' wtwwegnreHantlrecatdtoyaa. S. 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ANti N00i°Iftlata HYFS.e CeO,mYo6L®Getir. ❑ 'a _.��{A I IMl7.6TU� /iIf (l 1 l'rr� A4w�ffi, 3a o E] m R 4. pftFiI 0ft 7009 0080 0000 2495 4630 �Ps Fmm Wtt,Faon®y20D0, m winos._.. Wehner, Judy From: Gene Choquette[gjcmcp@hotmail.com] Sent: Monday,October 19, 2009 3:23 PM To: Wehner, Judy - Subject: RE: Mugho Processing I sent zahid an email asking for a sketch of the area so I can look at It tonight From: judy.wehaer@ncdenr.gov .� To: zahid.khan@ncdenr.gov; gjcmcp@hotmail.com Date: Mon, 19 Oct 2009 15:22:01 -0400 Subject: RE: Mugho Processing Gene can you clarify the area with Mr. Christy/ From: Khan, Zahid —_- - '----_ _-- Sent: Monday, October 19, 2009 3:15 PM To: Wehner, Judy; Gene Choquette Subject: RE: Mugho Processing This is not the area what we are talking, this area is inside the gate. Zahid From: Wehner, Judy -_ - - —_-- —___a. Sent: Monday, October 19, 2009 3:04 PM To: Gene Choquette Cc: Khan, Zahid Subject: RE: Mugho Processing - I have the erosion control plan and have routed it to Mooresville. I stll need copies of the green cards. How big is the parking lot? Do you need to get an erosion control plan for it if its not part of the mine site? Zahid -what do you think? From: Gene Choquette [maiRo:gjcmcp@hotmail.com] Sent: Monday, October 19, 2009 1:12 PM To: Wehner, Judy Subject: RE: Mugho Processing Judy- Comment #4 about the additional area that has been cleared. That is being used as a truck parking area for the grading company. it is not being used for mining, is showing the area as a stone covered parking area outside of the mining limits sufficient for this? Thanks Gene FYI Chris was/is suppose to be sending you the greens cards and the erosion plan, Is there anything else that you need? From: judy.wehner@ncdenr.gov To: GJCMCP@hotmail.com Date: Tue, 13 Oct 2009 10:40:52 -0400 Subject: Mugho Processing 1 Here's the letter. Not much neeTed. Let me know if you have any quegns. ------------------------------------------ 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. Hotmail: Trusted email with powerful SPAM protection. Sign un now. Hotmail: Trusted email with powerful SPAM protection. Sign up now. 2 Wehner, Judy From: Gene Choquette [gjcmcp@hotmail.com] Sent: Monday, October 19, 2009 3:07 PM To: Wehner, Judy Subject: RE: Mugho Processing I have been told that it is under 3/4 of an acre. I am going to look at it this afternoon. I would think that Chris would be ok with stoning the parking if needed to prevent erosion. I will know more after I look at it today. Thanks Gene From: judy.wehner@ncdenr.gov To: gjcmcp@hotmail.com CC: zahid.khan@ncdenr.gov Date: Mon, 19 Oct 2009 15:03:49 -0400 Subject: RE: Mugho Processing I have the erosion control plan and have routed it to Mooresville. I stil need copies of the green cards. How big is the parking lot? Do you need to get an erosion control plan for it if Its not part of the mine site? Zahid -what do you think? From: Gene Choquette [mailto:gjcmcp@hotmall.com] Sent: Monday, October 19, 2009 1:12 PM To: Wenner, Judy Subject: RE: Mugho Prooessing Judy- Comment #4 about the additional area that has been cleared. That is being used as a truck parking area for the grading company. It is not being used for mining, Is showing the area as a stone covered parking area outside of the mining limits sufficient for this? Thanks Gene FYI Chris was/Is suppose to be sending you the greens cards and the erosion plan, Is there anything else that you need? From: judy.wehner@ncdenr.gov To: GJCMCP@hotmail.mm Date: Tue, 13 Oct 2009 10:40:52 -0400 Subject: Mugho Processing Here's the letter. Not much needed. Let me know if you have any questions. ------------------------------------------ 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. Hotmail: Trusted email with powerful SPAM protection. Sion up now. Hotmail: Free, trusted and rich email service. Get it now. I Wehner, Judy From: Gene Choquette [gjcmcp@Ihotmail.com] Sent: Monday, October 19, 2009 1:12 PM To: Wehner, Judy Subject: RE: Mugho Processing Judy- Comment #4 about the additional area that has been cleared. That is being used as a truck parking area for the grading company. It Is not being used for mining, Is showing the area as a stone covered parking area outside of the mining limits sufficient for this? Thanks Gene FYI Chris was/is suppose to be sending you the greens cards and the erosion plan, Is there anything else that you need? From: judy.wehner@ncdenr.gov To: GJCMCP@hotmail.com Date: Tue, 13 Oct 2009 10:40:52 -0400 Subject: Mugho Processing Here's the letter. Not much needed. Let me know if you have any questions. ------------------------------------------ E-mall correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties, Hotmail: Trusted email with powerful SPAM protection. Sian up now. 1 MINING CHECKL15T FOR ROUTING Applicant's Name- - , Rn14 M o� (1 Project Name•. M40 Pa OAMtm 4 + Sim P ApplicJPermit No.: _CountyOAJLri,wn Date Received: io 0 Reviewer. Lil W o i River Basin Name: ,L�New ❑Renewal DModification (inside permit boundaries) ❑Modlfication (outsidepe it boundaries) OTransfer ❑Release ❑Partial Release it Information D Fee Needed: $ ❑Fee Received: $ ®e to: 21 D1T�uru it Regional Office (2 complete copies; attach the"LOS Regional Office Mining Application Review Checkliet"to one copy and attach brrth the DWQ and DAQ 'Mining Application Review Forth"to the other copy; send both copies to the Regional Engineer) Date: Routed to r9 Reed ❑Division of Water Resources Date: Routed Reed D NC Wildlife Resources Commission Date: Routed Reed ❑US Fish &Wildlife Service Date'. Routed Redd (Only new applications and modification requests that add land to.the permit) Please- route first 3 pages of the pplfcat'on and any location mapti zo- D Division of Parks & Recraation Date: Routed Reed D NC Geological Survey Section Date: Routed Reed (Only new applications and modification requests that add land to the permit) 0 Division of Archives & History Date: Routed Reed (Only new applications) ❑other. Date. Routed Reed "`5uepen5e Date for Comments: 11 13 (no later than 25 days from receipt) D Please note the following: .� n, 'emu /iauaJ Wehner, Judy From: Judy Brown Oudy.brown@duncan-parnell,coml Sent: Fnday, October 16, 2009 12:56 PM To: Wehner, Judy Subject: Christy's Nursery Attachments: Christys Erosion Concord Farms Erosion C-2 051309.pdf; Christys Erosion Concord Farms Erosion C-3 051309.pdf; Christys Erosion Concord Farms Erosion DETAILS C-4 051309.1>df; Christys Erosion Concord Farms Erosion DETAILS C-5 051309.pdf; Christys Erosion Concord Farms Erosion overall C-1 051309.pdf From RS Christy,Jr. 5 sheets Judy Brown Duncan-Parnell, Inc. 651 Church St. N Concord,NC 28025 704.782.2625 Click Here to W our new Unload Service V' 'l J� � � \ 1 XCE PORARY DIVERSION D ID DRAINAGE AREA' � TEM T - 4.03 ACRES 4 POROUS BAFFLES SEDIMENT TRAP I 600 SILT SOIL S70CI,CPIIE - 9 r u . pp - - - _-= - t DRAINAGE AREA SEDIMENT TRAP 2 ` / 2.45 ACRES % - / WITH STONE OUBER TLEM MAX DRAINAGE AREA 1 ACRE i WITH STONE30UM / MAX DRAINAGE �REA 1 ACRE / I , / 40� woo wow gap ) / �" LOCATE POSTS OOWNSLOPE OF FABRIC TO HELP SUPPORT FENCING. PERMANENT SEEDING SEDIMENT FENCE (Silt Fence) GROUND COVER — Wha tract comprising me acre is uncovered a c must be planted or a' on that portion of the 18" undertaken, provided t forming the basin of GRADED SLOPES AND shall be no greater tt vegetative cover or at In any event slopes It of any phase of gredi 'ONE cover, devices, or stn FABRIC F SEED BED PREPARATIO - the soil in a approves conditions or slopes tl inch to three inches, - Tillage shall continue 1 seed bed is prepared shown on the plans a blending uniformly into must be provided, olk adjusted accordingly. 1. Remove and properly dispose of all trees, brush, objectionable material stumps and other objectionable material. The following material p. Ensure that the minimum constructed cross seciton areas :(NOTE that all all design requirements. Sept. 15 thru March 6J Kentucky Fescue t 3. point that the top of the dike is not lower fi any 2 Rye Grain point than the design elevation plus the specified 30# Fertilizer 10-10— amount. 100# Lime 4. Provide sufficient room around diversions to permit February 1 thru Octat machine regrading and cleanout- 8# Kentucky Fescue E 5. Vegetate the ridge immediately after construction 30# Fertilizer 10-10— unless it will remain in place less than 30 working 1DO# Lime days. May 1 thru Sept. 30 Add 0.4# Sundan or I MULCHING— After fert dried straw shall be 1 of the ground should seedlings) over the al ED SOIL 2.0' 1000 square feet. Ti asphalt to bond it to Wishner, Judy From: Wenner, Judy Sent: Tuesday, October 13, 2009 2:56 PM To: 'Gene Choquette' Cc: Khan,Zahid Subject: RE: Mugho Processing We still need the construction details and copies of thegreen cards. I forwarded this to Zahld. From: Gene Choquette [mai8o:gjcmcp@hotmail.mm] _____.,..--._____._______-.__._._.__.__,__.___._.. Sent: Tuesday, October 13, 2009 2:50 PM To: Wenner, Judy Subject: RE: Mugho Processing This is what the engineer that did the erosion plan sent me. From: judy.wehner@ncdenr.gov To: gjcmcp@hotmall.com Date: Tue, 13 Oct 2009 11:27:50 -0400 Subject: RE: Mugho Processing I think Zahid is happy with it. We just need the calcs for sizing and stuff. You know -25 year 24 hour storm event for spillways, 1800 cubic feet of sediment storage, and settling efficiency. Zahid should be able to help youthrough that. From: Gene Choquette [mallto:gjcmcp@hotmall.mm] Sent:Tuesday, October 13, 2009 10:59 AM To: Wenner, Judy Subject: RE: Mugho Processing On the design calcs for the sediment traps, Is the approved erosion plan sufficient? Thanks Gene From: judy.wehner@ncdenr.gov To: GJCMCP@hotmall.com Date: Tue, 13 Oct 2009 10:40:52 -0400 Subject: Mugho Processing Here's the letter. Not much needed. Let me know If you have any questions. - --------------------------------------- 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. Hotmall: Powerful Free email with security by Microsoft. Get it now. Hotmail: Powerful Free email with security by Microsoft. Get it now. 1 • • STORMWATER MANAGEMENT PLAN EROSION CONTROL For CHRISTY'S NURSERY PROPERTY CONCORD FARMS ROAD CONCORD FARMS ROAD CONCORD,NORTH CAROLINA May 11,2009 Prepared for: MUGO Gravel and Grading Trinity Church Road Kannapolis,NC Prepared by: Brookline Consulting 114 Glendale Avenue Concord,North Carolina 29025 704-507-6396 a4rqunrUyAROy� 0*4644 y°.OPdF688ip''q' l �} 1111 19 0�77}yAN�Mfolmo 'Q.aapOr RECEIVED MAY 1 1 2009 CABARRUS COUNTY • • CHRISTY'S NURSERY PROPERTY CONCORD FARMS ROAD STORMWATER MANAGEMENT PLAN EROSION CONTROL TABLE OF CONTENTS&ATTACHMENTS ITEM DESCRIPTION 1. Table of Contents 2, Narrative 3. Attachments 4. CHRISTY'S NURSERY PROPERTY CONCORD FARMS ROAD STORMWATER MANAGEMENT PLAN EROSION CONTROL Narrative Description: MUGO Gravel and Grading is using family property to store and reuse soil,compost and other environmentally friendly practices on family property at Christy's Nursery adjacent to Concord Farms Road.The operation has disturbed more than i acre of land and needs to file an erosion control plan:with Cabarrus County, Data: Total Site Area 80 Acres Total Disturbed Area 9.15 Acres Total Drainage Area Traps;Delineated on plan set Predominant Soil MeD,Mecklenburg loam Ch,Chewacla sandy loam Design Storm 10-year Runoff Method SCS Method Storm Drainage Design Method Summary: Storm drainage has been designed to convey the 10 yr event. Culvert crossing was designed to convey the 10 year event,The drainage area is large. In the event a permanent structure or permanent roadway is to be designed a more intense drainage study will have to be performed. Site Topography: Terrain is gently sloping with a major stream splitting the property. Significant buffers well established exist between the disturbed areas and the stream. Detention: Erosion control plan only. Erosion Control: Erosion control will be accomplished during grading by use of construction entrance, temporary diversion ditches,sediment traps,berms with stone outlets and silt fence, *2675 U8 1 Hwy P.O. Box 880 Franklinton, NO 27828 Precast Concrete, Inc. Phone 919-494-7600 800-768-8268 Located 16 Mlles N. of U8 I 840 Fax 919-494-7616 Customer: 611411 'J CrwS,e^, Date: s/1 Aw�Gd y 0 3 4 6?. L S) ( 0/0 3 9 /7. 5 3 6 �s sm q t 36 AL SIn.4�s�eC ,�eaA. •e Y3- (K�e ) 7, �z$ . SS/�R SearArNr nv' 2 /�.�,�nba •`frtuy = 2, 4SA4 Qo CT 14- �0, 1� �7.u� (a.45A Yawr•.e: c �36oa ( 2.od 4J < 31nncn %em1...VA Courele 50Ubn • ©�� • NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James 0. Simons, PG,PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary October 13, 2009 Certified Mail Return Receiot Requested 7003 1680 0000 1479 4752 Mr. Ralph Steven Christy Jr. 730 Wilhelm Place NE Concord, North Carolina 28025 RE: Mugho Processing and Stock Pile Mine Cabanus County Yadkin River Basin Dear Mr. Christy: We have reviewed the application you submitted for the referenced mine site. However,. the following information is needed to continue processing your application: 1. Provide proof, such as copies of the signed return receipts from certified mail, that the adjoining landowners and county/city manager(s) have been properly notified. 2. Provide design calculations for the proposed erosion and sediment control measures, such as sediment traps. 3. Provide construction details for the berrnswith rock outlets and sediment traps. Show the spillway locations and discharge points on the mine map. 4. A field inspection conducted by staff from the Mooresville Regional Office has revealed a new area has been cleared south of the haul road. Include this area within the permit boundary or provide proof that it has been permanently stabilized. 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. 1612 Mail Service Center,Raleigh, North Carolina 27699.1612 • Telephone 919-73345741 FAX:919.7332676 512 North Salisbury $test,Raleigh, North Carolina,27604•IntemethtgraAe .dr.enr.state.nc.uslpagesAmdqualitysecdm.html An Equal opportunity/ARrmarrw Action Employer-50%Recycled 110%.Post Consumer Paper Certified Mail Mr, Christy 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: Land Quality Section - Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 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 Departments files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. ///���Sincerely, ��,y�/I,/ �n1 h Judi/"i A w hner Assistant State Mining Specialist Land Quality Section cc: Mr. Zahid Khan a Dept.State of North Carolina and Natural Resources Land QualitySection Mooresville Regional 0111fice Memo VIC'�4 ' pCT 07 2009 10: Judy We—hna p�q A41TY 5[CTION Fmm: Zahid Khan Cate: 10Maf2009 Re: Mugho Processing and Stockpile, Cabanas County, and Yadkin Pee-Dee River Basin ApplloatlonlPerhnit W. Ralph S. Christy,Cabanas Jennifer Jones reviewed the most recent submittal dated September 16, 2009 and received in MRO on September 24, 2009 with suspense date for comments October 9, 2009. The New application request was submitted for the permit. These are the comments. �1 The new Geared area on south side of the haul mad and Sediment Tmp A should be included in the limits of affected land. The design calculations should be submitted for review. A detail of construction bens with the rock out lets should be provided on the detail sheet A detail of Sediment traps should be provided on the detail sheet Please show the spillway section and outlets on the plan. Show the Discharge points on Mine map. The answer of 3(b)should be"Yes"instead of"NO". A copy of Jennifer Jones comments is attached for your review. A copy of DWO,and DAO comments are attached for your review. The Mining application review checklist is attached for your review. A copy of the inspection report is attached for your review. Please contact Jennifer Jones or met you need additional information. 1 North Caroline partment of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (UNPERMITTED MINE) 1. OPERATOR: MUGO Gravel and Grading 2. COUNTY: Cabarrus 3. CASE: 4. LOCATION: Concord Farm Rd 5. PERSON(S) CONTACTED AT SITE: no one on site 6. TYPE OF INSPECTION: ❑ A. Initial Inspection 1. Size of affected land: ac. (attach sketch reap) 2. How was this area measured? Measured by: ® B. Follow-up Inspection 1. Date of last inspection: 8/17/2009 2. Any training since that date? ® Yes ❑ No If yes,cite evidence of such mining activity: Piles of sediment that had been screened. 7. Pictures taken? ❑ Yes ® No Taken by: 8. Was thine operating at time of inspection? ❑ Yes ® No If yes,explain: 9. Is there any off-site damage? A.❑ Yes B.® No C.❑ None observed If A,describe the type and severity of the damage: If B or C, is there potential for offsite damage? Yes ❑ No Explain: There is a recently graded area that has no.erosion or sediment control measures to keep sediment from going,off site.. 10. Corrective measures needed and/or taken: There is an additional area to the right-of the entrance road that has recently been graded. This area should be added to the plan and erosion and sediment control measures should a added here to keep sediment frorn-gging offsite. 11. Other comments: 0 12. No. of additional pages of Inspection Report: 0 13. Copy of Report sent to operator: to File INSPECTED BY: Jennifer Jones,Zahid Khan DATE: .10/1/2009 Copy to file Copy to operator Copy to Mining Specialist Khan, Zahid From: Jones, Jennifer L. Sent: Friday, October 02, 2009 12:27 PM To: Khan, Zahld Subject: Mugo-Concord Farm Rd Mine Site Attachments: MUGO COncord Farm Rd Insp Report 10-1-2009.doc The only comments I have about this particular mine site deal with the recently graded area on"the right side of the entrance road when you come in off of Concord Farm Rd. This new disturbed area should be added to the plan and any needed erosion control measures for this area should be added and shown on the plan as well. I do not have any other comments for this site. Thank you, Jennifer Jones -iennifecl.tones9bncdenr.cov Environmental Specialist North Carolina Department of Environment &Natural Resources Division of Land Resources - Land Quality Secdon 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Ph: 704.663.1699 Fax: 704.663.6040 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. t MINING PERMIT APPLICATION REVIEW FORM For the DIVISION OF WATER QUALITY Project Name/Permit Number: Mugo Processing and Stockpiles County: Cabarrus Due Date for Comments Back to Land Quality Section: 10/2/09 " Return To: Zahid Saeed Khan Will the operation, as proposed, violate standards of water quality? Comments: 7 Watershed/Stream Name & Classification: YES _ NO NPDES permit required _ NPDES permit existing _ (Permit #_) Nondischarge permit required Nondischarge permit existing _ (Permit#----) ✓ Wetlands disturbed .t•r j /�!�SuGi7 '�c 401 Wetland Cert. required 401 Wetland Cert. exi g _(Permit#_) Reviewed oL,��� Date: Reviewed by: Date: g�) �� Print Name: S o:tJ- �cr 7aLMn Name: ioenoos gotmqffw Reviewer _ MINING PERMIT APPLICATION REVIEW FORM For the DIVISION OF AIR QUALITY Project Name/Permit Number: Mugo Processing and Stockpiles County: Cabarrus " Due Date for Comments Back to Land Quality Section: 10/2/09 Return To: Zahid Saeed Khan Will the operation, as proposed, violate standards of air quality? "d Comments: fK-....,L cr... c! 1 ✓A.'rL slob �r Nc,GS sAfb+f YES NO Air permit required ✓ n",�'� Air permit existing _(Permit # ) Other Comments: Reviewed by: yL1 Date: '�D Print Name: PAN D E cScA C 109Q005 Central Office Reviewer: LAND WALITY SECTION REGIONAWFFICE M G APPLICATION REVIEW CHEC T APPLICATION/PERMIT NO.: ACTION: New odification Renewal Transfer Release APPLICANT NAME: Ra4LS U&y 4` MINE NAME: _jjLy,4&o__j24Agw,.COUNTY: &&44&j p1 — Administrative Issues: r- ° *01P A rid A. Is the site currently under NOV? es No Explain: _ Nov woo .an,.0. F� I-A"kvA c w ,aQ4 r, B. Is the site under CAMA jurisdiction? Yes(L xo in: Field Issues: A. Are potential wetlands and watercourses property indicated on the Mine Map? Yes xplain: What is the approximate distance to the closest potential wetland and/or waterway? lu deq es M B. Are the proposed buffer zones auate? No Explain: C. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated? es No Explain: D. Do all water supply wells within 500 feel of the mine excavation appear to be indicated :Yes No Explain: E. Is visual screening needed? Yes( No) Explain: F. Are the proposed erosion and sedimentation control measures properly located to prevent offsite sedimentation? Ye No Explain: e G. Is the proposed revegetatonlreclamation plan acceptable No Explain: Date inspected: 14101101 Erosion and Sedimentation Control Plan Review, It is the responsibility of the Regional Office staff to verify the adequacy of the US measures. Please provide any concerns or comments: Other Comments: Who was the application routed to and when?: � ' �(� Division of Air Quality: Date: 5 �I- Division of Water Quality(Water Quality Section only): Date: o i Other: Date: InspectorlReviewer's Name: Date: Regional Engineers Name: :7 f Date: lo Rev June 2009 i North Carolina Department of Cultural Resources State Historic Preservation Office Pew H.sandhenk Adrnioowtor snarly&m Pctd ,Governor Off"ofArt mend Iliswry Linda A.Cuiislc,sc rc Divwon of Huwriml aevourca Jef6vyJ.Cm .Dryury'%wary David H,.,ph,Director October 1,2009 MEMORANDUM TO: Brenda HarrisLand Quality Section Division of Land Resources, NCDENR Is FROM: Peter Sandbeck eqo& P2lC✓ �� SUBJECT: Application for Mining Permit, Ralph S. Christy,Jn, Mugo Processing& Stock Pile, Cabarms County,ER 09-2338 Thank you for giving us the opportunity to review and comment on the above project pursuant to Chapter 74, Article 7 of the North Carolina General Statutes. Because of the location and topographic situation of the proposed project area, it is unlikely that any archaeological sites which may be eligible for inclusion in the National Register of Historic Places will be affected by the proposed borrowing. We, therefore,recommend that no archaeological investigation be conducted in connection with this project. While we note that this project review is only for a state permit, the potential for federal permits may require further consultation with us and compliance with Section 106 of the National Historic Preservation Act. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. Lomdon 109 GnQonn stme U6gh NCV6n1 Mailinandams 4617 Mil Sentre 6.nrer.IWeigh NC r699AG17 Telephone/Pax:C1101 8 0 7-6 57o/80p 599 a f�JGDf��1C� North Carolina Department of Environment and Natural Resources Division of Water Resources Beverly Eaves Perdue Thomas A.Reeder Dee Freeman Governor Director Secretary September 29, 2009 MEMORANDUM i, TO: Ms. Judy Wehner RECE/V ED Land Quality Sections FROM: John Barr /*I y QUp�IT Ground Water Management Section MIN1N0 PROGRAM Division of Water Resources SUBJECT: Comments on the Mining Permit Application Request for: Ralph S, Christy, Jr. Mugho Processing and Stock Pile Cabarrus County Please find attached a copy of the mining permit application request for the above referenced project. The Mugho Processing and Stock Pile located in Cabarrus County does not appear to have an unduly adverse effect on ground water supplies since there is no dewatering proposed on site. If it becomes necessary to begin pumping water from the mine to stabilize raining activities, the Division of Water Resources would like to be contacted so that it may further investigate any potential effects on potable ground water supplies. Facilities not the fifteen county Central Coastal Plain Capacity Use Area are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.22H. This statue requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register 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 April 1 for the previous year. If you have further questions please contact the Division of Water Resources at (919) 733-4064 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. 1611 Mail Service Center,Rako,NOM Carolina 27699-1611 One Phone:919-733AM I FAX OW733.35M Internet www.nc ater.m N�otth Carofina M Equd OpporWq�A*mbw Action Empbl W—50%P�bd X raw PW Aer m PWor �/ 1'awndy J � ' 9 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Beverly Eaves Perdue, Governor Director and State Geologist September 17, 2009 Dee Freeman, Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water ur es FROM: Brenda M. Harr Mining Program Secretary Land {duality Section SUBJECT: Mining Permit Application for Ralph S. Christy, Jr. Mugo Processing & Stock Pile Columbus County El Mine Dewatering Proposed © No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on October 9, 2009 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. . /bmh Attachments cc: Mr. Zahid Khan 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 / MIAG CHECKL15T FOR RATING n(ug610 Applicant's Name•. PAOnl.S U L Q7 Project Name. i 01 - r ApplicJPermit No_ f3=bb countyr &Jfn it ,, Date Received: Reviewer. River basin Name: �(New C Renewal ❑Modification (inside permit boundaries) 0 Modification (outside permit boundaries) OTranefer p Release W0P rtial Release a AdditionalInfornzation 0 Fee Needed: $ ee Received: ,tiff aooli "anon .k�®c tom• �}�MnemiJli_ Regional Office (2compiete copies, accachQe ; �' onal Office Mining Application Review Checklist to one copy and attach fa7thnd DAQ 'Mining Application Review Fonri to the other copy, send both_W"torta engineer) - Date: Routed Reed Melon of Water Resources Date: Routed Reed ho C Wildlife Resources Commission Date: Routed Redd A5 Fish &Wildlife 5ervice Date: Routed Reed (Only new applications and modification requests that add and to the per.nit) ivision of Parks & Recreation Date Routed Reed NC Geological 5urvey Section Date: Routed Reed (Only new applications and modification requests that add land W the permit) Division of Archives & History Date: Routed Reed (Only new applications) OOther. Date: Routed Reed "Suspense Date for Commerits o 41 o (no later than 25 days from receipt) Qe{nha✓ 9 RXI 0 Please note the followings I�AC. [o t� U rlt A uv) . 4-+ fi7IA44A I1ig&)ALidAzz 4 ljo Wl^ jre • A A • NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Beverly Eaves Perdue,Governor Director and Stale Geologist September 25, 2009 Dee Freeman, Secretary MEMORANDUM TO: Mr. Ron Linville Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris . Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Ralph S. Christy, Jr. Mugho Processing & Stock Pile Cabarrus 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 October 9, 2009 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 Wenner at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Zahid Khan 1612 Mail Service Center, Raleigh, North Carolina 27699.1612 4 919-733.4574/ FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 AT:*;Av NCDENR North Carolina Department of Environment and Naturai Resources Division of Land Resources Land Quality Section James D. Simons, W.G., P.E. Beverly Eaves Perdue, Governor Director and State Geologist September 25, 2009 Dee Freeman, Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section , SUBJECT: Mining Permit Application for Ralph S. Christy, Jr. Mugho Processing & Stock Pile Cabarrus County ❑ Mine Dewatering Proposed ® No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on October 9, 2009 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. lbmh Attachments cc: Mr. Zahid Khan 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina,27604 • AE i UA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Beverly Eaves Perdue, Governor Director and State Geologist September 25, 2009 Dee Freeman, Secretary MEMORANDUM TO: Mr. Lewis Ledford, Director Division of Parks and Recr on FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Ralph S. Christy, Jr. Mugho Processing & Stock Pile Cabarrus County Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly October 9, 2009 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation, However, any comments your agency can provide regarding effects on publicly owned parks, forests or recreation areas would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Jbmh Attachments cc: Mr. Zahid Khan 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 J FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Beverly Eaves Perdue,Governor Director and State Geologist September 25, 2009 Dee Freeman, Secretary MEMORANDUM TO: Mr. Brian P. Cole Application Review Coordinator U.S. Fish and Wildlife Service FROM: Brenda M. Harri Mining Program Secre ary �w Land Quality Section SUBJECT: Mining Permit Application for Ralph S. Christy, Jr. Mugho Processing & Stock Pile Cabarrus County Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly October 9, 2009 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /bmh cc: Mr. Zahid Khan 1612 Mail Service Center, Raleigh, North Carolina 27699.1612 • 919.733-45741 FAX: 919-715.8801 512 North Salisbury Skeet,Raleigh,North Carolina,27604 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary September 25, 2009 MEMORANDUM TO: Ms. Renee Gledhill-Earley Application Review Coordinator Archives & History FROM: Brenda M. Harris d���b Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Ralph S. Christy, Jr. Mugho Processing & Stock Pile Cabarrus County Please find attached for your review a copy of the mining application request for the above referenced project. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposers erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on significant archeological resources and/or human skeletal remains would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Zahid Khan 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 I FAX: 919-715-8801 512 North Salisbury Street,Raleigh,North Carolina,27604 MC3$ Mlno Permit APGllcatlan Review Checksheae ' oviloamm I Lea camm.0 a,.aemaw 4tcamf%949 +3 at mine a.,.nn aacncaaem rw.Nm. Iquq,lto Q/1.0[fg0(.t.G *(�ma,I,y Neese Cam Cw L2S aem,K-YPF 1 Newer mru nal -- NGa Canml.m tMe S.Caon Cammacly 'Caamemlfay minus fam „aY I � t.Y •L. "S,Caae auraae'cu _ary lc.ac.sl � amiss ammrct 'ALBS GovwC $yf uyyy •ext vyemse.laey Geo G.aloga moo - Umt metrL ' ,imavref 1 algy coca rinse C.cmiu ,,ananeno I _._ Gmma ;Canal awamc:mm vaWe is one naaa. ID Aw etaalenacn wel a 10%emnm 0 a.reeeenm in SO yaam. .RNeenee "a a Vm aaE1CU.aCLa1 ale Cndmorf my Wf . $OYTJ-Nadanal$p 41,iMiiLd Meaf '$58. J.S. >aney caen+i.Reoort58:v12:E�9Slamapf.OtauaLa.Savneunalpgate.Mmq. 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'� ' M„6o'o.aE.oe l ..0oo.6e.oea l „ o'a,or.oeo APPLICATION FOR A MINING PERMIT lid'oj NORTH CAROLINA DEPARTMENT OF ENVIRONMENT U' AND NATURAL RESOURCES ' 'R C LAND QUALITY SECTION Y�D CEP 1 A 2009 APPLICATION FOR A MINING PERMIT , WALITYSECiI (PLEASE PRINT OR TYPE) ON 1. Name of Mine Mueho Procressine and Stock Pile County Cabarms River Basin—Yadkin Latitude (decimal degrees to four places) N 35.3832 Longitude(decimal degrees to four places) W 80.6553 2. Name of Applicant* Ralph S. Christy, Jr. 3. Permanent address for receipt of official mail•• 730 Wilhelm Pl. NE, Concord.NC 28025 Telephone (704) 933-6846 Alternate No. (704) 794-7873 4. Mine Office Address 4847 Trinity Church Rd. Kannapolis.NC 28081 Telephone (704)933-6846 5. Mine Manager Scott Blake We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We folly understand that any willful misrepresentation of facts will be cause for permit revocation. '••Signature /"�7t�q.r—.�/�7/-�� Date 9-16-09 Print Name Ralph Steven Christy, Ji. Title VP • 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. :. � � • . - , -� ._ �� + � �� �, '" � � i i' ,�, .. ,� . _ � � N i' a � • � �' i .. �� ' � t APPLICATION FOR A MINING PERMIT • 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 reap. 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 "new permit" fee will be based upon): 9,11 Of this acreage, how much is owned and how much is leased? Acres owned:9.11 Acres leased: Property owner if leased: ❑ If this is an application for RENEWAL.of a mining permit,indicate the mining permit number and the total (overall)acreage covered y the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): ❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall)acreage coveredy the existing permit. Mining Permit No.: Total permitted acreage: Does-the modification involve acreage within the previously approved permitted boundary? Yes u No M. If yes, indicate the acreage to be covered by tlus modification(this is the acreage that the "major modification" fee will be based upon): Doe t e modification involve acreage outside the previously approved permitted boundary? Yes LJ No ❑. If yes, indicate the additional acreage to be covered by this modification: . . (NOTE. you must complete all of Section F.of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit,will any portio f this a r age be affected(i.e.:disturbed, ground cover removed) by the mining operation? Yes L No Fi(If no,a "minor modification" . fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit(the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ❑ If this is an application for TRANSFER of a mining permit,indicate the mining permit number and the total (overall) acreage covered y 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 ACTIONS) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: _topsoil clay,sand-gravel,rock,mulch .. 3. Mining method: HHydraulic Dredge V2 Front-end Loader& Truck Shovel &Truck Dragiine&Truck Self-loading Scraper Other(explain): screen p, ! 4. a. Expected maximum depth of mine (feet) 4 feet 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) 4 feet -3 . 111 �� t � 4• i a —1 No ;Eiz Iti - 1 A � I � 1 1 � i 1 ! 1 •r, - � 1 1 e — ' ' mil TOPOI map pnn Ra on 09/11/09 6om"North Carolina tpo"and Urrided tpg" 80142.000 W 30-41.000' w 00°40.000' W 80°39.000' W a0°38000' W WG$8480°37.000' W Ov Nw c J s , _ �r,� _ i , t y I ` IN I Arf Me 00142.000' W 80141.000' W 00140.000' W 80°39.000' BO°3e O00' w WGSB480°3Z000' W WT rya.11 qm®NE19 � 1lDIIFft6 1 F�bit mNIVl dID0l N.timlGagryG HNli�(.nrn.mµao� APPLICATION FOR A MINI PERMIT • 5. Has any area(s) at this site been mined in the past? Yes ❑ No If yes, when and by whom was this activity conducted? 6. Number of years for which the permit is requested(10 years maximum): 10 B. MAPS 1. Clearly mark and label the location of your mining operation on six co pi of a 7.5-minute quadrangle and a county highway+map. These maps, in addition six{6)conies o mine maps and reclamation maps, must be submitted vsnth each permit applicationn.. 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, 5t' Floor Raleigh,North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 wruw.geology.ennstate.nc.us/ County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation—Geographic Information Systems (GIS) Mailing Address: Physical Address: NCDOT GIS Unit NCDOT GIS Unit 1587 Mail Service Center 3401 Carl Sandburg Court Raleigh,North Carolina 27699-1587 Raleigh,North Carolina 27610 (919) 212-6000 www.ncdot.oWit/gisContact/default.htmi 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. gg Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of processing plants(processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on-site haul roads. 1. Location of planned and existing on-site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of -4- APPLICATION FOR A MINING PERMIT • A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles,wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining pemut. A table/chart similar to the following wdl be acceptable: 1 CATEGORY AFFECTED ACREAGE Sediment Ponds 0.39 Stockpiles 8.27 Hau Roads 0.68 Processing Area 0.41 Mine Excavation 0 Buffer Area 2.98 Total Disturbed Acreage 9.15 NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE-SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONSISTATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. - r- i APPLICATION FOR A MINA PERNUT i C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. An approved erosion control plan for the site has been obtained through Cabarrus County and implemented. We plan no significant excavation at the site.It is our plan to receive materials from offsite and recycle them into useful products.i.e.blended topsoil,screened landscape dirt,compactible dirt,etc. The site will normally be opened during daylight hours Monday through Saturday.Occasionally it may be necessary to woxk additional hours. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation(include specific plans for sediment and erosion control for mine excavation(s), waste piles, accesslmine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine maps) and provide typical crass-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. Please see the mine map and the approved,completed erosion control plan. 3. a. Will the operation involy washin the material mined, recycling process water, or other waste water handling? Yes ❑ No�. if yes,briefly describe all such processes including any chemicals to be used. b. Will the operation involve disci rging mesh or waste water from the mine or plant as a point discharge to the waters of the State? Yes u No Q9 Ifyes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). -8- I F APPLICATION FOR A MINA PERNUT c. Will any part of the proposed mine excavation(s)extend below the water table?Yes ❑ No ®. If yes, do you intend to dewater the excavation(s)? Yes ❑ No El If yes,what impact,if any,will mine dewatering have on neighboring wells? Estimated withdrawal rate in allons r day: Locate all existing wells on the mine ma s that lie within gg Y 8 P() S00 feet o�e proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data,well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permrt(s)(i.e.,non-discharge,NPDES,Stormwater,etc.)from the Division of Water Quality,Water Quality Section. In addition,the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. 4. a. Will the operation involve crushing or any other air contaminant emissions?Yes ❑ No If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. How will dust from stockpiles,haul roads,etc., be controlled? By water applied by a water truck. -9- APPLICATION FOR A MINIM PERMIT S. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. it may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer(no disturbance within the buffer whatsoever),or a combination ofthe two,depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended,although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine maps . A buffer of at least 25 feet will be maintained as shown on the mine map. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be j ustified. Depending on site conditions,a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mule map(s)_ A buffer of at least 50 feet will be maintained between any land disturbing activity within the mining permit boundaries and any natural watercourses or wetlands at the site. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required,unless technical justification can be provided to allow steeper slopes. A slope of 2:1 will be maintained for clayey material and 3:1 for sandy material. - to- r . APPLICATION FOR A MINAPERMIT b. Provide a cross-section on the mine map(s)for all fill slopes (berms, wastepiles, overburden disposal areas, etc), clearly indicating the intended side slope gradient, installation of arty benches and/or slope drains (with supporting design information) if needeay and the method of final stabilization. c. In excavation(s)of unconsolidated(non-rock)materials,s i the angle of all cut slopes including specifications Vor benching and sloping. Cross-sections or all cut slopes must be provided on the mine map(s). d. In hardrock excavations,specify proposed bench widths and heights in feet. Provide cross-sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. There will be no hard rock excavation. 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. There are none of the listed structures within 300 feet of the mine. S. Describe what kind of barricade will be used to prevent inadvertent public access along an high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detaiUcross-section and location of each type of barricade to be used must be indicated on the mine map(s). na APPLICATION FOR A NUNAPERMIT 9. Are acid producing minerals or soils present? Yes ❑ No ®. If yes,how will acid water pollution from the excavation,stockpiles and waste areas be controlled? 10. a. Describe specific plans(including a schedule of implementation)for screening the operation from public view such as maintaining or planting trees,bushes or other vegetation,building berms or other measures. Show the location of all visual screening on the mine map(s)and provide cross sections through all proposed berms or proposed spacing, sizes and species for tree plantings. The natural tree lines on the site will be maintained and do a good jab of screening the site. b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? If so,how will such effects(i.e.,noise,visibility, etc.)be mitigated? There are no publicly owned parks etc. near the site. 11. Will explosives be used? Yes❑ No Z. If yes, specify the types ofexplosive(s)and describe what precaution(s)will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations, Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting pro (such as a third-party blasting study). Locate the nearest o site occupied structures) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes ❑ No ®. Ifyes, describe these materials, how they will be stored and method ofcontainment in case ofspill. Indicate the location(s)of all storage facilities on the mine map(s). - 12- r APPLICATION FOR A MINAPERMIT D. RECLAMATION PLAN l. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion,siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross-sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent channels must be indicated on the reclamation map. Please see the reclamation map. Z. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ❑ No ®. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation,unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes ❑ No❑. If yes, specify species. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end-to-end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. No rock excavations are planned - 13 - � . .. _ F. i � �. y .� '.� •.ni 1 � . � . i� . f APPLICATION FOR A MINAPERMT 4. Indicate the methods)of reclamation of overburden,refim,spoil banks or other such on-site mine waste areas, including specifications for benching and sloping. Final cross-sections and locations for such areas must be provided on the reclamation map. It is our intention to recycle all vegetative material as well as topsoil into useful soil mix for landscaping and gardening. S. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. Please see the reclamation map. All sites will a returned to the natural land level then seeded and mulched. b. Will any on-site roadways be left as part of the reclamation? Yes ❑ No S. If yes, identify such roadways on the reclamation map and provide details on permanent road and ditch the stabilization. 6. Describe the method of control of contaminants and disposal of scrap metal,junk machinery,cables,or other such waste products of mining. (Note definition of refuse in The Musing Act of 1471.) No off-site enerated waste shay be disposed of on the mine site without n*or written approval from the NC Department of Environment and Natural Resources,Land Quality Section and either the Division of Waste Management(DWM)or local governing body. If disposal permit ash been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, alon#with a list o items to be disposed in said areas. Scrap metal,junk machinery and cables,etc. will be taken to a salvage yard and sold. 14- N Sedimentation Inspection Report ENVIRONMENTAL PROTECTION DIVISION, CABARRUS COUNTY NORTH CAROLINA P.O.BOX 707, CONCORD, NORTH CAROLINA 28026-0707 PHONE (704)920-2192 Permit No. ERS12009-00678 Project: MUGHO-Concord Farms Person Financially Responsible: Ralph S. Christy, Jr. Mugho Lie A Nc Lic Fin Resp Party Address: PO SOX 1961 CONCORD NC 28027 1. Project Location: 2321 CONCORD FARMS RD 2321 Concord Farms Road Initial Insp Partial insp 2.Weather and Soil Conditions: Cloudy and Damp Photos Prints Slides —Video 3. Is the site currently under notice of violations? No — — — — 4. Is the site in compliance with the S.E.S.C.O. &S.P.C.A. and rules? Yes if No, check violations below. a. No approved plan, Sec. 17(i)G.S. 113A-57(4)and 15A f. Failure to take all reasonable measures, Sec 6(c), 15A N.C.A.C.4130117(c) --- N.C.A.0,46.0105 b. Failure to follow approved plain,Sec. 17(c),G.S. 113A-61.1 g. Inadequate buffer zones,Sec.7(a)(1)(2),G.S. 113A-57(1) c. Failure to submit revised plan, Sec. 17(c),G.S. 113A-54.1(b) h. Graded slopes and fills too steep,Sec.7(b),G.S. 113A-57 --- and 15A N,C.A.C.4B.0018(a) (2) or 15A N.C.A.C.4B.0124(d) d. Failure to provide adequate groundcover,Sec.7(c),G.S.113A•57(3) L Unprotected exposed slopes, Sec.7(b)&G.S. 113A-57 --- and 15A N.C,A,C.4B.D1U7(b)or 15A N.C.A.C.4B.0124(e) (2) e. Insufficient measures to retain sediment on site, Sec. 6(f),G.S. j. Failure to maintain erosion control measures, Sec. 13, 113A-57(3) --- 15A N.C.A.C.413.0113 Other: 5. Has sedimentation damage occurred since last inspection? No Damage On Tract Damage Off Tract Other Location: None noted Damage Degree: None 6. Contact made with (name): No One Report delivered to Financially Responsible Party Delivery Method: Sent Delivery Date: 08131/2009 7. Corrective Actions: Comments: Corrective actions from last inspection report have been completed. Continue to monitor the site and maintain the sedimentation and erosion control measures as needed. 8. Corrective Actions to be completed by: 08/28/2009 9. Hold Certificate of Occupancy: No Report By: Thomas Smith Others Present: Inspection Date: 0813112009 Time Arrive: 1:15:00 P.M. Time Depart: 1.50:00 P.M. CC: Page 1 of 1 ■ Complete Items 1,2,and 3-Also complete A slrp we Itsm 4 d Reehlated DelNery is deslmG. x /�/ 13 Agents Pdnt your name snd ed�on ft nno se C/4='^� ❑aaa�see so Dud m can return the cad to you. & Femlvee 0. / • Anacll this card to the back of the rrWipiece. !/�1! or on ft front d space permits D. letlel 14 13 a 1. Nticb AtlNasaM M. It ann@INvyatlNes ❑ % NOV 21 2009 MR RALPH STEVEN CHRISTY JR s��'L`' 730 WILHELM PLACE NE aCT CONCORD NC 28025 I,yp Mau w plfm w CAD. 4. Ruakted Dee+N+tbft Feel ❑we z Anus Nundm Toll 17003' 16180 0000 '1474 4998 n l (f n�ernonresvrwbcep PS Farm 3811.Febn a 2004 Dmoea&Reran Receipt ��� �(p— 9 iozmsoatstsw UNHED STATes 26 T9GlY '.'*CiG14•F'P9 'S s • Sender. Please print your name,address, and ZIP+4 In this box / `44� �,DENR DIV OF LAND RESOURCES [AND QUALITY SECTION 'O0 1612ddif IL SERVICE CENTER ` L'e RALEI�GH NC 27699-1612 \? 4f 7 \ � \> Inl 1110351111„I,IuP31 I„,I6161,1 III,AIII,LJ, till Oil J • APPLICATION FOR A MINI1#49PERNIIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for Year-round seeding,including the time of seeding and the amount and type of seed, fertilizer, lime and-mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the Iocal Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service,specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; gg N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME-RATE OF APPLICATION(tons/acre): FERTILIZER-ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE(pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding Dates: Seeding Rates: Please see the reclamation map and the approved,completed erosion control plan. 4 , MULCH-TYPE AND RATE OF APPLICATION(pounds/acre)AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS—TYPE (S)AND RATE(S) OF APPLICATION INCLUDING SEEDING SCHEDULE(pounds/acre,trees/acre, spacing of trees/shrubs,etc): Revegetation and/or reforestation plan approved by: Signature Date Print Name Title Agency - 15- , . : . ;,� , . ,� , . . , , , . _ � , . . . ,, . , , . ,. ,'', �;. ,. � :. ' ' ',,a'.. . � � i APPLICATION FOR A MININGPERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bored calculation worksheet is to be used to establish an appropriate bond(based upon a range af$500 to $5,000 per affected acre) for each permitted mine site based upon the acreage approved by the D partment to be ylfected during the life ofthe mtningpermit. Please insert the approximate acreage. for each aspect ofthe miningoperation. that You intend to affect durine the of this miningpermit/in addition.pleas•¢ insert the W rare reclamation cosNacre for each category from the Schedule of Reclamation Costs provided wit this application form) OR you can defer to the Department to calculate vow bond for you based upon Your maps and standard reclamation costs., AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE• COST Tailings/Sediment Ponds: Ac. X $ /Ac. _ $ Stockpiles: Ac. X $ /Ac. S Wastepiles: Ac. X $ /Ac. _ $ Processing AreaMaul Roads: Ac. X $ /Ac. _ $ Mine Excavation: Ac. X $ /Ac. _ $ Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: 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 onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life (I to 10 years): INFLATION COST: $ TOTAL COST = SUBTOTAL COST+ INFLATION COST = S Total Reclamation Bond Cost: $ (round down to the nearest $100.00) - 16- NOTICE Pursuant to provision G.S. 74-50(bl)of The Mining Act of 1971,Notice is hereby given that Ralph Steven Christy,Jr has applied on 9-16-09 to the Land Quality Section, Division of Land Resources,North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh,North Carolina 27699-1612, for(check one): ® a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface miningpermit to add land to the Cie area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re-notification of adjoining landowners. The applicant proposes to mine dirt, clay, gravel. stone, mulch on 9.15 acres located on Concord Farms Rd. in Concord. NC off/near road Hwy 29 South in Cabarrus County- *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS" In accordance with G.S. 74-50(b))), the mine operator is required to make a reasonable effort, satisfactory to the Department,to notify al I owners of'record,both public and private,of all tracts of land thin are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the a plicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notitped(that are within 1,000 feet of the mining pemdt boundary). In addition, the mine operator must also notify the chief administrative officer of the county or In unicipality m which any part of the permitted area is located. Any person may file written comments) to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing ofthe application forapermit,whichever is later. Should the Deparunent determine tharasignificant public interest exists relative to G.S. 74-51,a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business It at the above lisfed address as well as at die appropriate regional office. For informati n rdln the s ecifice f the ro minip activi lease contact the a Iieant et the following tee one nun er: 33 or intormation an the mining permit application review process, pi ease contact a Mining rogram s at 19) 733-4574. Please note that the Department will consider any relevant written comments/documentation within the Provisions ning Act of 1971 throughout the application review process until a final decision is made on the application. Propst Bros. Dist., Inc. Ralph Steven Christy.Jr. (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) 9-16-09 730 Wilhelm PL NE. Concord, NC 28025 (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record) _ tg. • • i .. L ' k& M1 ti ® ID Q� APPLICATION FOR A MININIOPERMIT AFFIDAVIT OF NOTIFICATION I, Ralph Steven Christy.Jr. .an applicant,oran agent,oremployee of an applicant,for a new Mining Permit,or a modification of an existing Mining Permit to add land to the permitted area,from the N.C.Department of Environment and Natural Resources,being first duly sworn,do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary(including,where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary)and that notice of the pending application has been caused to be mailed,by certified or registered mail,return receipt requested,to said owners of record at their addresses shown below,such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) Propst Bros. Dist., Inc. 829 Davidson Dr., Concord NC 28025 (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer ofthe county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed,by certified or registered mail, return receipt requested,to said office at the following address: Chief Administrative Officer Name) (Address) i.e.: City Manager, County Manager, Mayor, etc.] Bryan Hyatt City Manager PO Box 308, Concord.NC 28025 The above attestation was made by me while under oath to Provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record,both Public and private,of all tracts of land thst "cad the minimg permit boundary (including, where an ai'ommg tract is owned or leased by the applicant or is owned by the lessor of the mme tract, all ownL coofoinigth , that are wi1,0rfeetofthemining permitandary)andthe chiehativeoffifthe countyormunicr��a1rTyin which any part ofthe permitted area is located in compliance G.S.74-51)and 15A NCAC SB.0004(d)Ianderstand that it is the responsibilityofeapplicant to r receipts off marling showingdratthe abovenotices wereaused tohheemaded and to provide them m the ent upon request. Signature of Applicant rAgent Date y �. SOTAOTAR ypN If person executing Affidavit is an agent or employee of an applicant,provide the following i at)flo-B L 10 p Name of applicant: dip �• Title of rson executing Affid/avit ,p 9N COuNty I, ��N � �1 /i/-C ✓J a Notary Public of the County of State of North Carolina, do hereby certify that Aa �oh Stl J r- appeared before me this day and under oath acknowle ed that the above Afft A was in e by hinVher. Witness my h d /an�,d notarial seal, this 14' day of s52 Zz, nIbbT' �20 y Notary: -s �� my Commission expires: rr 01.7 19- 1 �a�'oa4Gr.i: k•p��: • � Ml.r wrunrnue;nMP Y .r . f did pp 14 - it • '�f �. . . ! r � 0 ID APPLICATION FOR A MINA PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right ofentry 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 maybe reasonably necessary and to take whatever actions as maybe 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: S Signature:* � 4 Print Name: Ralph Steven Christy, Jr. Print Name: Ralph Steven Christy,Jr. Member (Title, if applicable) Company Mugho, LLC Title: V P (If appl"ISTO Address: 730 Wilhelm PL NE, Company: Mugo Gravel and Grading, Inc. Concord,NC 28025 Mine Name: Mugho Processing and Stock Pile Telephone: (704)933-6846 Telephone: (704 )933-6846 Date Signed: 9-16-09 Date Signed:9-16-09 *Signature must be the same as the individual who signed Page 1 of this application. One on final and five 5c o ies of the completed a lication trtc oa of all location mans mine ma s and recma on maps, ro to rocess e see 1cc3cI1eduIe)1nthcFormac cc or money o er pays a to the Northarotina Department of Environment and Natural Resources must be sent to the Land Ouslity Section Central Office at the address listed on the front cover of this application form. 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Consulting President DETAILS AND SPECIFICATIONS 704_5076396 ,t; E brooklineVgmaid.tom rn II w � 4847 TRINITY CHURCH RD Civil En meering A: 114GIendaleAve NC 28081 Concord Farms Road , Concord , NC KANNAPOLIS, SMP Maintenance Concord,NCZ8025 SZOR )N'p10)U0) a3ueualuleWdWS ON ` paoouo:D ` peon swje j paoouoo anyalepualggFF :y 6waau6u31!^U cp M8Z ON `SIIOdVNNV)i o a�IHobnHOAiINIblLM7 SNOliVOIJI03dS GN`d S-lIbl=ia 'I 9619-LOS-tDL d '� Q Ln luMsald 6uijjnsuo3 3d '3aaa ueyleuor au llooi8 'ONI JNIQV�do A� 3s� nN S ,AiSl � HO LIWf ,11Nn0o Sm:121`d8b'0 2Od 60'£6'9 Z U ~ �LC)'8 73nVJ oow Yj Hvyr h1Nnoo sn : vavo 213d 601' U Ly -i Ij oQWF_ Q =NOISMEoonw J8 NOISIn3 31V4 ON C:� Q U cn W auuuui,i m ; o m o E T� 0 � eZ= wLro m o U =U •N y 0 � A_ Z �Z y X W N O 0 a O rn O E O O co 0r 0 a D 00 w (f) .f /\\ r w Q N N V�A� W Q W W c c c c ° o � E o w 7 o t o m E > Z r E IY N r� « L- V C r0 V 0 «L V U 0 O� m m V . 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NS7 OrtN m ,''r((��nn O('((�%%\\\ --i CD m O m D ni O Z X CD m . � oM > 0 MUGO EROSION C7 N n D = � NO DATE REVISION BY = D --imDO M r- M 0 � L 1. 5.7.09 PER CABARRUS COUNTY JMR MUGO GRAVEL & M m 7zm M Q 2. 5.13.09 PER CABARRUS COUNTY JMR GRADING INC. Brookline Jonathan Rett, P.E. CHRISTY' S NURSERY Consulting President P: 704-507-6396 `� ` � DETAILS AND SPECIFICATIONS 4847TRINITYCHURCHRD E b`°okl'"eo�9'nai�.`om _Tl -+ Civil Engineering A: 114GIendaleAve KANNAPOLIS, NC 28081 gMPMaintenance (O(I(Ofd,NC 28025 �° Concord Farms Road , Concord , NC 4 Comm c Department tsn Envaonmenbl Protection Division Cabarrus County Government NOTICE OF VIOLATIONS OF THE CABARRUS COUNTY SOIL EROSION AND SEDEENTATON CONTROL ORDINANCE AND THE SEDIMENTATION POLLUTION CONTROL ACT Commerce Department February 18, 2009 CERTIFIED MAM - RETURN RECEIPT REQUESTED Mr. David T. Allen, Manager MUGH0, LLC 7001 2510 0008 5545 0399 227 West Trade Street Suite 1820 Charlotte,NC 28202 Ms. Karen Christy, Manager 7001 2510 0008 5545 0382 MUGHO, LLC R-�CENLD 227 West Trade Street Suite 1820 MAY 01 Charlotte,NC 28202 1��Q tANO QU Mr. Steve Christy, Managern"SECiION MUGH0, LLC 7001 2510 0008 5545 0375 227 West Trade Street Suite 1820 Charlotte,NC 28202 Cabxmis Comty Gevemmmt C _' r+a �. 65 Church Stut SE m5)•P.O.a ]O North Carolina26-0707 Phanc 0.2142 FW 7042O.214 woo: w .cab mty u lr Jli __xartie[u�uw US Commerce Dcpa �yS rye Environmental Protection Division Cebarrus County Government NOTICE OF VIOLATIONS OF THE CABARRUS COUNTY SOIL EROSION AND SEDBUNTATON CONTROL ORDINANCE AND THE SEDIMENTATION POLLUTION CONTROL ACT I Commerce Department Februery 18, 2009 CERTIFIED MAIL-RETURN RECEIPT REQUESTED Mr.David T. Allen,Manager MUGHO,LLC' 227 West Trade Street Suite 1820 Charlotte,NC 282C Ms.Karen Christy,Manager MUGHO,LLC .227-Vft�e t //Jo Wf/he/m?/ Nc Suge+021 001worir 17 C a moo Charier tat Mr. Steve Christy,Manager MUGHO� y5a5 I�pbv -T(/1 74. , CONCOYA, he. d-�(b17 Ci7erlore,Ai63839?� 0 Chv CStmet nnvanmeol CC rrus y Phwc: 7h Stnctan(2AN6)•P.O.eos 7Fox: 7V Concord.Neab Cm:a V.Fr6-07F7 IrUUUUUU 5p0�ty Phme: 7FJ.92F1142 Pea: 7F9920.r144 web: rvww,00barmcovaly.m n•c.ma•in�mc,e —tlGOM CAA NR Notice of Violation MUGHO Property—Concord Farms February 18, 2009 Page 2 of 5 Subject: MUGHO Property—Concord Farms Cabarrus County,North Carolina Compliance Date: March 6, 2009 Dear Sirs and Madam: On February 17, 2009,personnel of this Office inspected a project located at 2321 Concord Farms Road in Cabarrus County,North Carolina. This inspection was performed to determine compliance with the Cabarrus County Soil Erosion and Sedimentation Control Ordinance ("the Ordinance") and the North Carolina Sedimentation Pollution Control Act of 1973("NCSPCA"). The inspection revealed a land-disturbing activity of approximately nine (9.0) acres being conducted.It is our understanding that you and/or your company are responsible for this land-disturbing activity. The purpose of this letter is to inform you that this activity was found to be in violation of the Ordinance (Sec. 1 to 22) and the Act,NCGS 113A-50 to 66, and Title 15A,North Carolina Administrative Code, Chapter 4. If you feel that you are not responsible for the following violations,please notify this Office immediately. The violations that were found are: 1) Failure to file an erosion and sedimentation control plan with this office at least 30 days prior to beginning a land-disturbing activity on a tract comprising more than one acre, when more than one acre is to be uncovered; failure to secure this off ce's prior approval of the plan for any land-disturbing prior to beginning of the land-disturbing activity. Ordinance Section 17 (1), G.S. 113A-5A(d)(4), G.S. 113A-57 (4) and 15 NCAC 4B .0118 (a). More than one acre of land has been disturbed and this office does not have a plan on file for this project. An acceptable erosion and sedimentation control plan must be filed with and approved by this office and implemented on the site sufficient to prevent off-site sedimentation. Temporary measures must be provided immediately to control erosion and prevent sedimentation damage. Any additional land disturbing activities conducted without an approved erosion and sedimentation control plan will result in additional fines and penalties. r county Government 65 Chu GabaC�iJSCU 65 Church Concord,Street SE(28025)•P.O.Box 707-Conrd,North Carolina 28026-0707 Phone; 704.920.2142 Fax: 704.920.2144 web: www.cabarruscounty.us -1g ce�v p1 6 °'t' -NORTH CAE! LiNA 1 Notice of Violation MUGHO Property—Concord Farms February 18,2009 Page 3 of 5 c, 2) Failure on a tract of more than one acres, when more than one acre is uncovered, to install sedimentation and erosion control devises sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the tract, during construction upon and development of the tract. Ordinance Section 6(0 and G.S. 113A-57(3). . Adequate sedimentation and erosion control measures and/or devices have not been constructed and/or installed on this project. 3) Failure to take all responsible measures to protect all public and private property from damage by such land-disturbing activities. Ordinance Section 6(c), 15A NCAC 4B .0105. Adequate sedimentation and erosion control measures and/or devices have not been constructed and/or installed on this project. 4) Failure to retain along a lake or natural watercourse a buffer zone of sufficient width to confine visible siltation by natural or artificial means within the 25 percent of that portion of the buffer zone nearest the land-disturbing activity. Ordinance Section 7(a)(1)(2), G.S. 113A-57(1) and 15A NCAC 04B .0125. Adequate sedimentation and erosion control measures and/or devices have not been constructed and/or installed on this project. - To correct these violations, you most: 1. Submit a sedimentation and erosion control plan to this office for review and approval. (Include FRO form and Fee Schedule with Plan Submittal.) 2. Install adequate sedimentation and erosion control measures on site. The penalty permitted under North Carolina law for an initial violation could be an assessment of up to $5000.00 per day. A cure period for compliance is not required for enforcement of violations,pursuant to NCGS 113A-61.1 (c) and NCGS 113A-64(a)(1). You and/or your firm are hereby assessed a civil penalty of$5,000.00 for this initial violation. .Payment should be submitted immediately to Cabarrus County Environmental Protection Division (Attention: Tony Johnson). If you wish to appeal the penalty, you must obtain appeal,Forms from the Cabanas Soil and Water Conservation District Office and send completed request within 30 days from the date of this letter to Cabarrus County Watershed Improvement Commission, 715 Cabarrus Avenue, W., Concord, North Carolina 28027-6214 (Attention: Dennis Testerman). 65 Church StrcetSE(28M)•P.O.Bux707•Coocotd,North Cmoaua28026-0707 ydlpll oun Pharr: 7049202142 Fec 7049201144 web: www.wbh oomty.usWO1n°tr Notice of Violation MUGHO Property—Concord Farms February 18,2009 Page 4 of 5 Please be advised that if all of the above noted violations are not corrected by the later of 10 days after receipt of this notice or March 6. 2009. Cabarrus County may take appropriate action against you under the Ordinance and/or the North Carolina General Statutes. That action could result in additional fines and further assessments of civil penalties. Effective October 1, 1999,North Carolina law provides that these additional penalties may be assessed in an amount of up to $5,000.00 per day for each day of your continued violation and can be retroactively assessed from the day the violation is first detected,which in this instance is February 17, 2009. However, if all the violations noted in this letter are properly corrected within the time period specified above for compliance, no further continuing penalties for these particular violation instances will be assessed, - other than the $5,000.00 fine assessed above. Please remember that the project is always subject to further investigation at any time and remains subject to further fine assessments if found to be in violation of the Ordinance or the act at any time. Please be advised that my new land-disturbing activity associated with this project should not begin until the area presently disturbed is brought into compliance with the Ordinance and the Act and the fine assessed is paid. When corrective actions are complete, you should notify this office so the work can be inspected. You should not assume that the property is in comnfrance with the Ordinance and the Act until we have notified you of such. After installation, all erosion control measures must be maintained in proper working order until development is complete and the site is completely stabilized. We solicit your cooperation,and would like to avoid taking further enforcement action. At the same time,it is your responsibility to understand and comply with the requirements of the Ordinance and the Act. Copies of the relevant Ordinance may be examined at this office or will be sent to you upon request.A copy of the applicable North Carolina statutes and Administrative rules may be obtained by contacting NCDENR(704) 663-1699. Should you have any questions concerning this Notice or the requirements of the Ordinance,please contact me at your earliest convenience. Sincerely, - F.rY`TonW n,Jr.,CPESC Erosion Control Manager c Qurrh5 rna<•�ev C18PPIlS 65Chmch Sheet 58(28P15)•P.O.Boz]0]•Cou,920North Cmeliea4xabII a] Phme: 709.4,l01142 Fex: 904.9t01144 web: www.cabvrvsrouvry.vsCoun ,m ten.•xun�wx m NRRiN CAR IINA I Notice of Violation MUGHO Property— Concord Farms February 18,2009 Page 5 of 5 cc: Mr. Dennis Testerman- WSIC Mr. filar Johnson-NCDWQ Enclosure: Inspection Report FRO Form Fee Schedule _ SChwch Sh SE(26028)`PO.Box7C7•CmmN,Na Cmetiva2802"707 CabarrusCoun Ph=; 704.9202142 Fm: 70192OM" web: aww.mbeavecmmty.m manameem< W, HOM CAR LIM i Sedimentation Inspection Report .-: ` ENVIRONMENTAL PROTECTION DIVISION, CABARRUS COUNTY NORTH CAROLINA P.O. BOX 707, CONCORD, NORTH CAROLINA 28026-0707 PHONE (704)920-2192 Permit No. ERS1200"ll - Project MUGHO Property -Concord Farms Person Financially Responsible: Mugho Lic A Nc L)e Fin Resp Party Address: 227 WEST TRADE ST SUITE 1820 CHARLOTTE NC 28211120000 1. Project Location: 2321 CONCORD FARMS RD ,. Initial insp Partial Insp 2. Weather and Soil Conditions: Sunny and pry ,r Photos Firms r Slides Video 3. Is the site currently under notice of violations? Yes 4. Is the site in compliance with the S.E.S.C.O. &S.P.C.A. and rules? No 17No, check violations below: o a. No approved plan. Sec. 17(1)G.S. I M-57(4)and iSA y f. Failure to take all reasonable measures,Sec Sic), 15A N.C.A.C.4B0117(c) I — N.C.A.C.48.0105 b. Failure to follow approved plan,Sac. 17(c),G.S. 113A.61.1 y g. Inadequate buffer zones,Sec 7(a)(11)(2),G.S. 113A-57(l) c. Failure to submit revised plan,Sac. 17(c),G.S. 113A-54.1(b) h. Graded slopes and fills too steep,Sec.7(b),G.S. 113A.57 and 1 SA N.CAC.4B.0018(a) (2) nrl5AN.CAC.4B.0124(d) d. Fauum m pmv eda9uate amundmvw.Sec.7(a).GS.113A-a7(3) 1. Unprotected exposed slopes,Sec.7(b)&G.S. 113A-57 and 15AN.CA.C.45.0107(b)wlMN.CA.C.40.0124(a) (2) y e. Insufficient measures to retain sediment on site,Sec. 6(f),G.S. 1. Failure to maintain erosion control measures,Sec. 13. 113A-57(3) 15A N.CA.C.48.0113 Other. 5. Has sedimentation damage occurred since last Inspection? Yes W Damage On Tract V Damage Off Tract Other Location: Tributary To Coddle Creek Damage Degree: Slight 6. Contact made with (name): No One Report delivered to Financially Responsible Party Delivery Method: Sent Delivery Date: 02/18/2009 7. Corrective Actions: - 1) Submit a sedimentation and erosion control plan to this office for review and approval,. 2) Install adequate sedimentation and erosion control measures on site. Comments: 6. Corrective Actions to be completed by: 03/06/2009 9. Hold Certificate of Occupancy: No Report By. Thomas Smith Others Present Tony Johnson Inspection Dalai 02/17/2009 Time Arrive: 2:30:00 P.M. Time Depart: 3:30:00 P.M. CC: Dennis Testennan,WSIC Alan Johnson, NC-DWQ Page 1 of 1 wn�� m W7, iL�x 1A aac,,��,m -myewl" q�, PRO 111 F SITE Ma amour VICINITY MAP NOT TO SCALE PROPST BROS. DISTIL AN D6 698 --PC 36 9B. J67 PC, 5600-31-8711651 F.c Vg ..w lFj n D / Z yOD Z V / Ks o rm- p o :3 NOILon /1Si v Q NOV 03SV37 s SON/MVYG SS3 rt L#4 =� N31N30 IIVO 13Nb11•J•N "�W�NYH,�` sys4—L£8-008- 1 llVo J`` • i oia now 3aoa3a d 9 ' i CD eye £ _ fTl 5 e � �• � ' l T95 ,D. ° '; ; 1 '%.,,�bb'J Hl - I I FINANCIAL RESPONSIBILITY/OWNERSHIP FORM CABARRUS COUNTY SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE No person may initiate a land-disturbing activity on one or more acres, as covered by the Ordinance, before this tom and an acceptable erosion and sedimentation control plan have been completed and approved by Environmental Protection Division, Cabarrus County. (Please type or print, and if question is not applicable, place N/A in the blank). Part A 1. Project Name 2 `at �5 2. Location of Land-Disturbing Activity City or Township Highway/Street e< t U s.wi2 r /Lt,/ Latitude . Longitude / 3. Approximate date land-disturbing activiTy will commence 4. Purpose of development (residential, commercial, industrial, etc.) 5. Total acreage disturbed or uncovered(including off-site borrow and waste areas) 6. Amount of fee enclosed$ (Payable to Cabarrus County) 7. Has an erosion and sedimentation control plan been filed? Yes_No_Enclosed _ 8. Person to contact should sediment control issues arise during land-disturbing activity. Name 454eli ceey f - E-mail 45 ej,e. ©.w yrsn ra e , �mwr Phone#�aY-f►� -6� 6 Cell It 10 Y-7[y-76 73 Fax# 7aY ems'; fie` 9. Land Owner(s) of Record(Use blank page to list additional owners) trc1i LL6 opt( 7trF7l73 Name Phone yaic# 46IP16L4 4 - 10 ct, 4 /0ctic Current Mailing Address Current Street Address /,,a..n r *�,/ n'G 1r Icd14 City State Zip City Staze Zip I acknowledge that I am the owner of the property, referenced, below, and further acknowledge the submittal of an Erosion and Sedimentation Control plan by the financially responsible party. -- _ �iGt C� /2 S �G✓1 ffiy T✓ 2 Signsiture � Printed Name Date 10. Deed Book # Page #- Pmvide a copy of the most current deed. Parcel Identification Number(PIN) Part B 1. Person(s) or Firm(s) who are financially responsible for the land-dsturbing activity (use/a blank page to list additional persons or firms) 1,eVZ SC�✓/ ✓rJ�I. _ ✓v �' Clr✓r5 ®Muc%lJl2Ce (`ON( Name E-mail Addres� Current Mailing Address -Current Street Address p 2� Citya,n <bYof /I�State Zp7 city `yw/4�''S.tats Zip Phone # 7C ?f ?ry_,7 Fr73 Fax # Z�f'— 1��>'^ 6��t� 2. (a) If the financially responsible party is not a resident of North Carolina, give name and street address of a North Carolina Agent. Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone.# - Fax # (b) If the Financially Responsible Party is a Partnership or other person engaging in business under an assumed name, attach a copy of the certificate of assumed name. If the Financially Responsible Party is a Corporation, give name and street address of the registered Agent. Name E-mail Address Current Mailing Address - Current Street Address City State Zip City state Zip ., Phone # Fax# ._ . The above information is true and correct to the best of my knowledge and belief and was provided by me under oath. (This form must be signed by the financially responsible person, if an individual, or his attoniey-in-fact; or if not an individual by an officer; director, partner, or registered agent with authority to a . msV=mts for' the financially responsible person.) I agree to provide herein. Signature Title or Authority �>-e Typed or Printed Name 11 /7 it AOlIu W Chi (t4GyJ a Notary Public of the County of K-r7 lti7(Lnn State of No Carolina that .Q.5 Chr i5 personally appeared before me this day, and being duly sworn, acknowledged that the above form was executed by him. 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