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HomeMy WebLinkAbout02-06 North American Emerald Mine File Pt. 23MINING PERMIT RENEWAL #02-06 North American Emerald Mine, Alexander Co., NC North American Emerald Mine, Alexander Co NC Permit # 02-06 Renewal Fehruary 2010 NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environment and Natural Resources Division of Land Resources R CF F:p 15 9nin Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 733-4574 Revised: January 30, 2008 MINING PERMIT RENEWAL #02-06 North American Emerald Mine, Alexander Co., NC NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) Name of Mine North American Emerald Mine County Alexander River Basin South Yadkin River Latitude (decimal degrees to four places) 35.9143 N Longitude (decimal degrees to four places) 81.0726W 2. Name of Applicant* James King Hill, Jr. 3. Permanent address for receipt of official mail** 531 Duncan Lane Hiddenite, NC 28636-9233 Telephone (828) 635-8080 Alternate 4. Mine Office Address 531 Duncan Lane Hiddenite, NC 28636-9233 Telephone (828)635-8080 Mine Manager James King Hill, Jr. 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. Date Z-10-2010 Title (:.%G+r ma rL I re.0 This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. 1 MINING PERMIT RENEWAL #02-06 North American Emerald Mine, Alexander Co., NC NOTE: All of the following questions must be thoroughly answered regarding .your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: X If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: 02-06 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 94.6 ❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes ❑ No ❑. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes ❑ No ❑. If yes, indicate the additional acreage to be covered by this modification: . (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed, ground cover removed) by the mining operation? Yes ❑ No ❑ (If no, a "minor modification" fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ❑ If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE ANIOUNT TO BE PAID FOR THE, REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Gemstone & Dimension Stone 3. Mining method: eHydraulic Dredge X Front-end Loader & Truck X Shovel & Truck Dragline & Truck ❑ Self -loading Scraper Other (explain): 4. a. Expected maximum depth of mine (feet) 110 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Maximum >?round elevation in permitted area b. Expected average depth of mine (feet) MINING PERMIT RENEWAL #02-06 North American Emerald Mine, Alexander Co., NC 5. Has any area(s) at this site been mined in the past? Yes X No ❑ If yes, when and by whom was this activity conducted? 1967-95 Rist Mine, 1995-10 NAEM 6. Number of years for which the permit is requested (10 years maximum): 10 B. MAPS Clearly mark and label the location of your mining operation on six', copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (61 copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: SEE pace 3A Mailing Address: 1612 Mail Service Center OR Raleigh, North Carolina 27699-I612 (919)733-2423 www. eolozv_enr.state.nc.us' Physical Address: 512 North Salisbury Street, 5"' Floor Raleigh, North Carolina 27604 County highway maps may be obtained from the N.C. Department of Transportation: SEE pace 3B North Carolina Department of Transportation — Geographic Information Systems (GIS) Mailing Address: Physical Address: NCDOT GIS Unit NCDOT GIS Unit 1587 Mail Service Center 3401 Carl Sandburg Court Raleigh, North Carolina 27699-1587 Raleigh, North Carolina 27610 (919)212-6000 www.ncdot.org'it'gisCgnlacudcrault html, 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. C. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. I. Location of planned and existing on -site buildings. in. 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 inining permit boundary, must be provided on the mine map. 3 MINING PERMIT RENEWAL 902-06 North American Emerald Mine, Alexander Co., NC NAEM North American .3A_ Emerald Mine Alexander Co, NC 3A MINING PERMIT RENEWAL #02-06 North American Emerald Mine, Alexander Co., NC American Emerald Mine Alexander Co, NC 3B MINING PERMIT RENEWAL #02-06 North American Emerald Mine, Alexander Co., NC p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres 1 inch = 50 feet 50-199 Acres 1 inch = 100 feet 200+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) 4 MINING PERMIT RENEWAL #02-06 North American Emerald Mine, Alexander Co., NC A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds Stockpiles Wastepiles Processing Area/Haul Roads Mine Excavation Other (Explain) Total Disturbed Acreage NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. SEE NORTH AMERICAN EMERALD MINE MAP, sheet 2 of 2 SEE page 5A 5 MINING PERMIT RENEWAL 02-06 North American Emerald Mine, Alexander Co., NC North American Emerald Mine Alexander Co, NC AFFECTED ACREAGE Permit # 02-06 January 2010 Category Acreage Tailings/Sediment Ponds <0.10 Processing Area/Stockpiles 7.86 Haul Roads 1.08 Waste piles 0.00 Mine Excavation 14.02 Other 0.00 Total: 22.96 5A MINING PERMIT RENEWAL H02-06 North American Emerald Mine, Alexander Co., NC C. PROTECTION OF NATURAL RESOURCES Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(.$). Attach additional sheets as needed. 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, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. SEE page 6A 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ❑ No X. If yes, briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes X No ❑. If yes, briefly describe the nature of the discharge and locate all proposed disc points (along with their method of'slabilization) on your mine map(s). N MINING PERMIT RENEWAL #02-06 North American Emerald Mine, Alexander Co., NC NORTH AMERICAN EMERALD MINE ALEXANDER CO., NC EROSION AND SEDIMENT -CONTROL MAINTENANCE PLAN 1. All erosion and sediment control practices will be checked for stability and operation following every run-off producing rainfall but in no case less than once every week. Any needed repairs will be made immediately to maintain all practices as designed. 2. Sediment Basins a. Silt basins will be constructed with riser pipe, gravel filter dam, or spillway w/ gravel field discharge. b. Sediment will be removed from the sediment trap and inlet area when storage capacity has been approximately 50% filled. c. Gravel will be cleaned or replaced when the sediment pool no longer drains properly. 3. Sediment Fences a. Silt fences will be erected as necessary to prevent excessive erosion of disturbed areas. b. Silt fence fabric will be Stabilenka, Geofab, or equivalent and will be capable of standing or being held up -right between standard 5 ft. metal fence posts spaced not more than 8 ft. apart. c. The bottom edge of all sift fence fabric will be buried at least 6" deep with dirt or soil. d. Sediment will be removed from behind silt fences when it becomes about 0.5 ft. deep at the fence. e. The sediment fences will be repaired as necessary to maintain suitable barriers. 4. All seeded areas will be fertilized, reseeded as necessary, and mulched according to specifications in the vegetative plan to maintain a vigorous, dense vegetative cover. 6A MINING PERMIT RENEWAL 402-06 North American Emerald Mine, Alexander Co., NC c. Will any part of the proposed mine excavation(s) extend below the water table? Yes X No ❑. If yes, do you intend to dewater the excavation(s)? Yes X No ❑. If yes, what impact, if any, will mine dewatern" have on neighboring wells? Estimated withdrawal rate in gallons per day, <10,000 Locate all existing wells nn the mine maps) that lie within S00 feet of the 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. -Mine site has one rivate water well. o other water we s are near v. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes X 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. -All crushing & screening eauinment i.c nnrtahlp Rr is rnnnntad n" rrihhar•- b. How will dust from stockpiles, haul roads, etc., be controlled? MINING PERMIT RENEWAL #02-06 North American Emerald Mine, Alexander Co., NC 5. a. A buffer will be required between any mining activity and any mining permit boundary or right- of-way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer maybe needed depending on site conditions. Show all buffer locations and widths on the mine map(s). b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). -100 ft wide or wider, undisturbed buffer will be maintained along a ace `ree . 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. 1 alone north 91 MINING PERMIT RENEWAL #02-06 North American Emerald Mine, Alexander Co., NC b. Provide a cross-section on the mine map(s)for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended .ride slope gradient, installation of any benches andlor slope drains (with supporting design information) if needed, and the method of final stabilization. c. In excavation(s) of unconsolidated (non -rock) materials. specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections for all cut slopes must be provided on the mine map(s). -Overburden saprolite (red clay) will be benched at 2:1. 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. 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. or 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each type of barricade to be used must be indicated on the mine map(s). -The following barricades will be used as appropriate to prevent vehicle access: MINING PERMIT RENEWAL 402-06 North American Emerald Mine, Alexander Co., NC North American Emerald Mine Alexander Co., NC Safety Management Plan Berms 1. Boulder Barriers a. Boulder barriers may be erected to prevent access to dangerous areas. b. Boulders will be at least 500 lbs. each and will be placed close enough together to prevent two -wheeled vehicle (bicycle, motorcycle, ATV) access. c. Boulder barriers will be erected at the upper edge of all outer pit walls or in such places to prevent vehicle access and/or to discourage human and/or animal (horse, cow, etc.) access to the pit high walls. d. Boulder barriers and earthen berms may be employed together. e. Boulder barriers at least 4 ft. high will be erected at the base of all pit walls higher than 30 ft. They will be positioned 20 ft. from the pit walls to prevent vehicle access and to discourage human and/or animal (horse, cow, etc.) access to potentially dangerous rock fall zones. 2. Safety Berms a. Earthen safety berms at least 3 ft. high, 3 ft. wide at the top and 15 ft. wide at the base will be erected as needed along all haul roads. b.5ide slopes will be maintained at 2:1 (horizontal to vertical) or better and will be seeded as detailed in the Vegetative Plan. c. Where needed to prevent excessive runoff, silt fences will be constructed as detailed in the Erosion and Sediment - Control Plan. d.In critical areas, earthen safety berms may be reinforced with boulder barriers as described above. 3. Screening Berms a. Screening berms will be constructed in critical areas to prevent, block or limit visibility and/or noise related to the crusher and processing yard. b.Screening berms will be at least 8 ft. high, 3 ft. wide at the top and 35 ft. wide at the base. c. Side slopes of earthen screening berms will be maintained at 2:1 (horizontal to vertical) or better and will be seeded as detailed in the Vegetative Plan. d.Trees may be planted on earthen screening berms to further enhance blockage of noise and/or visibility. Fences 1. Four -strand barbed wire fences with metal or wooden posts will be erected as needed to block and/or limit access to dangerous mine areas. 2. Fences currently exist along property boundaries near the mine pits and property boundaries near the office, crusher, processing and stock pile areas. 3. Barbed wire fences will be posted with signs (caution, keep out, danger, mine area, and/or no trespassing). 4. Signs will be placed such that one or more are visible from any single site along the fence. MINING PERMIT RENEWAL #02-06 North American Emerald Mine, Alexander Co., NC 9. Are acid producing minerals or soils present? Yes ❑ No X. 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. 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? 11. Will explosives be used? Yes X No ❑. If yes, specify the types o explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structure(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. As approved in March 13, 2002 modification to original permit # 02-06. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes X No ❑. If yes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the location(s) of all storage facilities on the mine map(s). 10 MINING PERMIT RENEWAL 902-06 North American Emerald Mine, Alexander Co., NC D. RECLAMATION PLAN 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. A) U. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ❑ No X. Ifyes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross -sections) through the proposed body(,) 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. outlet 100 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. 11 MINING PERMIT RENEWAL #02-06 North American Emerald Mine, Alexander Co., NC North American Emerald Mine Alexander Co., NC Vegetative Plan Seeding and Mulching DISTURBED AREAS 1. The angle for graded slopes will be no greater than the angle which can be retained by vegetative growth or adequate erosion control measures. 2. Within 30 working days of any phase of grading, exposed ground not under active construction will be planted or otherwise provided with ground cover. 3. Whenever a land disturbing activity is undertaken on a tract comprising more than one acre, if more than one contiguous acre is uncovered, a ground cover sufficient to restrain erosion will be planted or otherwise provided within 30 working days on that portion of the tract upon which further active construction in not being undertaken. SEEDBED PREPARATION AND SEEDING 1. The area to be seeded will be ripped to a depth of at least 6". 2. Lime and Fertilizer will be spread uniformity and mixed thoroughly with the soil, at the rate of 90 lbs. of Lime and 20 lbs. of 10-10-10 Fertilizer per 1,000 sq. ft. 3. The surface of the seedbed will be finished smooth and uniform. 4. Seeding will be as follows: a. Nov. 1— Mar 1: 3 lbs. of Tall Fescue and 0.5 lbs. of Rye Grain per 1,000 sq. ft. b. Mar 1— Apr 15: 3.5 lbs. of Tall Fescue per 1,000 sq. ft. c. Apr 15 —Sep 1: 3 lbs. of Tall Fescue and 1 lb. of Millet per 1,000 sq. ft. d. Sep 1— Nov 1: 3.5 lbs. of Tall Fescue per 1,000 sq. ft. 5. Straw Mulch will be applied at the rate of 85 lbs. per 1,000 sq. ft. 6. Hydro -seeding with approved mixtures maybe used in lieu of the above. 11A MINING PERMIT RENEWAL #02-06 North American Emerald Mine, Alexander Co., NC 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -.sections and locations for such areas must be provided on the reclamation map. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. b. Will any on -site roadways be left as part of the reclamation? Yes ❑ No X. If yes, identify such roadways on the reclamation map and provide detaTon permanent road and ditch line stabilization. 6. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.) No off -site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with a list of items to be disposed in said areas. 12 MINING PERMIT RENEWAL #02-06 North American Emerald Mine, Alexander Co., NC 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 local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/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: SEE VEGETATIVE PLAN on pane IIA &/or nine map, sheet 2 of 2. 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 _ Print Name Title Agency 13 Date MINING PERMIT RENEWAL 402-06 North American Emerald Mine, Alexander Co., NC E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be of ected during the life qf' the mining permit. Please insert the approximate AFFECTED RECLAMATION CATEGORY ACREAGE COST/ACRE* Tailings/Sediment Ponds: Ac. X $ /Ac. _ Stockpiles: Ac. X $ /Ac. _ Wastepiles: Ac. X $ /Ac. _ Processing Area/Haul Roads: Ac. X $ /Ac. _ Mine Excavation: Ac. X $ /Ac. _ Other: Ac. X $ /Ac. _ TOTAL AFFECTED AC.: Ac. (TOTAL PERMITTED AC.: RECLAMATION COST Ac.) SEE NOTE, page 14A 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 b) Positive Drainage Ac. Ac. X $1,500.00 = $ SUBTOTAL COST: 9 Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life (1 to 10 years): INFLATION COST: $ TOTAL COST = SUBTOTAL COST+ INFLATION COST = $ Total Reclamation Bond Cost: $ (round down to the nearest $100.00) 14 MINING PERMIT RENEWAL 902-06 North American Emerald Mine, Alexander Co., NC North American Emerald Mine Alexander Co., NC Mining Permit #02-06 Renewal This permit renewal does not call for new affected acreage. The existing affected acreage is 22.96 acres and the required $70,191.08 bond was determined with the November 27, 2007 permit modification approval. 14A MINING PERMIT RENEWAL #02-06 North American Emerald Mine, Alexander Co., NC F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail, return receipt requested, to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. No new affected or permitted acreage is covered by this renewal. NOTES: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bl). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" 15 MINING PERMIT RENEWAL #02-06 North American Emerald Mine, Alexander Co., NC NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that (Applicant Name) has applied on (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ❑ a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance to in the area proposed. Please note that future modification(s) may be submitted by the applicant allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine on acres located (Mineral, Ore) (Number) (Miles) of off/near road in (Direction) County. (Nearest Town) (Number/Name) *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bI ).the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private. of all tracts of land that are adjoining the mining permit boundary: if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1.000 feet of the mining permit boundary). In addition. the mine operator must also notify the chief administrative officer of the count or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity, please contact the applicant at the following telephone number: . For information on the mining permit application review process, please contact the Mining Program staff at (919) 733-4574. Please note that the Department will consider anv relevant written comments/documentation within the provisions ofthe Minin Act of 1971 throughout the application review process until a final decision is made on the application. (Addressee/Owner of Record's Name and Address) (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) (Name of Applicant: Include Contact Person & Company Name, if Applicable) (Address of Applicant) 16 MINING PERMIT RENEWAL #02-06 North American Emerald Mine, Alexander Co., NC AFFIDAVIT OF NOTIFICATION I, , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or mtmicipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) [i.e.: City Manager, County Manager, Mayor, etc.] The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bI) and 15A NCAC 5B .0004(d). 1 understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Title of person executing Affidavit I, State of North Carolina, do hereby certify tl appeared before me this day and under oath Witness my hand and notarial seal, this Notary: Notary Public of the County of was my Commission expires: 17 MINING PERMIT RENEWAL #02-06 North American Emerald Mine, Alexander Co., NC G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: Signature: �( Print Name: V tiln G i 1^.`� �V If'( °� ✓ (Title, if applicable) APPLICANT: n Signature:* l� Print Name: ameg Kl'i W n Jr. Company NO12'{ Arn021CAnI �ML'e?ACb3'�Title: C61rrnaOb (If applicable) Address: S3I DONCAQ LANE Company: _NOYCtH A016FRJOIN CMCK1W /'1i 6t-Zr nVQ Telephone: (ses) - 6 3 5 -8 () g Date Signed: 2- IC)-2o1O Mine Name: N d C-tfl AM t:i2tCAW EMt�CrJ M+� Telephone: (gzff) 635 —EL) gQ Date Signed: ~I0 -ZO I C? *Signature must be the same as the individual who signed Page I of this application. maps and reclamation maps, and the appropriate processing tee (see next page for tee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. BE Feb 04 2010 10:09AM HP LRSERJET FAX 02/94/2010 10:53 8286a57080 ALEXANDEROUARRY P-2 PAGE 01/02 MINING PERMIT RENEWAL 402-00 North American Emerald Mine, Alexander Co., NC G. LAND ENTRY AGREEMENT We hereby grant to the Deportment or its appointed representatives the right of envy and travel upon our lands or Operation during regutar business hours For the purpose of making necessary field inspections or investigations as may be reasonably required in the achttinisiration of tite Mining Act of 1971 pursuant to G.S. 74-56. We filnher gt-ant Eo the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actinns as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a hand forfeiture is ordered pursunnr to f}.S. 74-59. Signature: Print Name: (Title, ifapp Address: `�u��APPLiCANT: Signature:" Print Named «,iv► � �IoW Iva i2ock NC_ '��605 Telephone: (2A9=— a L 8-7- Date-- Title: Company: ©� Mine Name: ► b(h r{IY cr aj, lyt0111i, U �0) W-CD Telephone: (,Z10,119 6S5.7-2opo Date Signed:, 9- Q *Signature must be the same as the individtkll who sieved Page I of this application. -- ••• , .. .,.- w nv,uuc ,roce:)un Ye tsee next page Tor tee schedule) in the form A chec or money order payable tote orth aro ma Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form - Inquiries regarding the status of the review of this application should be directed to the Milting Program staff at (919) 733-4574. IAA MINING PERMIT RENEWAL #02-06 North American Emerald Mine, Alexander Co., NC MINING FEE SCHEDULE nonrefundable permit application processing fee when filing for a new mining permit, a major permit modification or a renewal permit is required as follows: 0-25 acres New Permit Applications $3,750.00 Permit Modifications $750.00 Permit Renewals $750.00 Transfers/Minor Modifications* $100.00 26+acres $5,000.00 $1,000.00 $1,000.00 $100.00 e A nonrefundable $100.00 permit application processing fee is required for minor permit modifications. ;Ninon permit modifications include ownership transfers, name changes, bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added to a permitted area, outside of the minimum permit buffer zone requirements, where no plans for mining related disturbance of the added lands have been approved. .All other changes are considered major permit modifications. Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected b_v the modification within the permitted mine area, or any additional land that is to be disturbed and added to an existing permitted area, or both. 19 SCHEDULE OF RECLAMATION COSTS (Based upon range of $500 - $5,000 per affected acre) COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill dirt, CS = Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI = Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine, KY = Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $500/ac.(L) Borrow 1500(FI) $2000(PD) CS, DS, 500(L) 1800 2000 2000 500(L) FS, MI, 1500(FI) 2500(PD) LI, PF, OL, KY PH 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) CL 1000(L) 2500 5000 5000 2000(L) 2500(FI) 3700(PD) PE, AU, 1000(L) 2500 3000 3500 2000(L) TI, OT 2500(FI) 5000(PD) (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM: • FINAL GRADING COSTS PER ACRE • LIME AND FERTILIZER COSTS PER ACRE • YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) • MULCH AND ANCHORING COSTS PER ACRE • ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND l" ETERMINATION. 20 MINING PERMIT RENEWAL #02-06 North American Emerald Mine, Alexander Co, NC North American Emerald Mine, Alexander Co, NC Permit # 02-06 Renewal February 2010 Appendix Attached Maps • North American Emerald Mine Jan 2010 Ed Speer Sheet 1 of 2 • North American Emerald Mine Jan 2010 Ed Speer Sheet 2 of 2 21