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05-07_1_Redacted
NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist Ms. Patricia Jordan, President .Jordan Land Development, Inc. PO Box 863 West Jefferson, NC 28694 RE: Mining Permit No. 05-07 West Jefferson Quarry Ashe County New River Basin Dear Ms. Jordan: December 14, 2006 Michael F. Easley, Governor William G. Ross Jr,, Secretary Your request to have the above referenced mining permit, issued to Th County Paving, Inc., transferred in its entirety to your company has been approved. As we have received the required surety in an amount sufficient to cover the present operation, I am enclosing the transferred mining permit. The permit number, expiration date and mine name shall remain the same as before the transfer. Please review the permit carefully and notify this office of any objections or questions you may have concerning the terms of the permit. It is your responsibility to fully understand and comply with the conditions of your mining permit. I would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 1 B, 3C, 4C, 118, and 15. As a reminder, your permitted acreage at this site is 7,067 acres and the amount of land you are approved to disturb is 5.56 acres. Again, if you should have any questions on this matter, please contact Ms. Kristin Hicklin, Assistant State Mining Specialist, at (919) 733-4574. Sincerely, Floyd R. Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRW/kh Enclosure: Permit No. 05-07 cc: Mr. Matt Gantt, PE Mr. Bradley Bennett-DWQ, w/permit Ms. Shannon Deaton-WRC, w/permit Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosure 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 An Equal Opportunity 4 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper 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: Jordan Land Development, Inc. West Jefferson Quarry Ashe County - Permit No. 05-07 for the operation of a Crushed Stone Quarry and Borrow Pit 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: November 23, 2014 1' Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources hereinafter referred to as the Department, and in conformity with the approved- Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 7449. Modifications December 10. 2004: This permit has been modified to remove Operating Condition No. 4F from Mining Permit No. 05-07 and to change the operation from Crushed Stone Quarry to Crushed Stone Quarry and Borrow Pit. December 14, 2006: This permit has been transferred in its entirety from Tri County Paving, Inc. to Jordan Land Development, Inc. Expiration Date This permit shall be effective from the date of its issuance until November 23, 2014. Page 3 Conditions This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, at. seq., and to the following conditions and limitations: OPERATING CONDITIONS: Wastewater and Quarry Dewaterinc 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 Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary storm water permits or other approval documents. 2. Air Quality and Dust Control A. Any mining related process producing air contaminant emissions including fugitive dust shall be subject to the requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. The permanent access road shall be permanently stabilized. During processing operation, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. Buffer Zones A. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. B. Sufficient buffer (minimum 50 foot undisturbed) 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. All buffer zones shown on the Mine Map last revised January 25, 2006 shall be maintained to protect adjoining property. These buffer zones, with the exception of the installation of required sediment control measures and approved earthen berms, shall remain undisturbed. Page 4 4. E Sion and Sediment Control The operator shall notify the Winston-Salem Regional Office, Land Quality Section, at least 48 hours prior to beginning any of the initial land disturbing activities indicated in the approved application for a mining permit and any modifications to this permit thereafter. B. 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. C. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Mine Map last revised January 25, 2006, supplemental information dated April 12, 2004, and June 30, 2004, and additional information received by this office on October 6, 2004. Mining activities shall be conducted from the southern end of site after construction of the sediment pond and progress to the north with all drainage from mining related disturbances directed to the sediment pond. E. An erosion and sediment control plan(s) shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved application for a mining permit and any approved revisions to it. Such areas include, but are not limited to, expansion outside of the approved pit area, creek crossings, or expansion of overburden or waste disposal areas. 5. Operating Schedule No mining or processing related activities, without prior approval from the Deparlment, shall be conducted during weekends and holidays because of the mine site's proximity to Mount Jefferson State Park. 6. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. Page 5 7. Graded Slopes and Fills A. 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 groundcover, devices or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of the quarry opening shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope. 8. Surface Drainage 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. 9. Blasting The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Sections B. and D. of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: A. Ground Vibration With Monitorin : In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure 1 (below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building. Page 6 a. e M BiA%t Yibravon P:n7u _ney. He ,':.-ems i iryf::/rce; •y. ._ B. Ground Vibration Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (D/Ds)' Ds = D wuz V = 160(Ds)-" W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). Ds = Scaled distance factor. V = Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. Page 7 C. Air blast With Monitoring: Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Max Level, Measuring System, in Hz in dBL 0.1 Hz or lower -flat response 134 peak 2.0 Hz or lower -flat response 133 peak 6.0 Hz or lower -flat response 129 peak D. Air blast Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: To convert U (psi) to P (dBL): U = 82 (DAN'.33).1 s P = 20 x log (U12.9x10"9) Confined Air blast/Overpressure (dBL) for quarry situation: A=P-35 U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). The air blasUoverpressure shall not exceed 129 decibels, for the purposes of this Section. Page 8 E. Record Keeping: The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum pounds per delay interval; amount of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure; and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. Excessive Ground Vibration/Air blast Reporting: If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However, blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval, Failure to report will constitute a permit violation. G. Flvrock Prevention: The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. H. Flvrock Reporting: Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department . within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. Page 9 I. Studies: The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. J. Notice: The operator shall, when requested by the Department, give 24-hour advance notice to the Land Quality Section Regional Office prior to any blast during a period for which notice is requested. 10. High Wall Barrier A physical barrier consisting of large boulders placed end -to -end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the.tce of any overburden cut slope. 11. Visual Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed appropriate by the Department. Vegetated earthen berms shall be located and constructed as shown on the Mine Map last revised January 25, 2006. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. 12. Plan Modification 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. Page 10 13. Refuse Disposal A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2, conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of 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 14. Annual Reclamation Report 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. Page 11 Bonding The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $26,200.00 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. 16. Archaeological Resources Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. Page 12 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities 'shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation Schedule, the planned reclamation shall be to provide a permanent barricade (fence) along the top of any high wall and properly grade and vegetate any areas in unconsolidated material. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability. Page 13 B. Any settling ponds and sediment control basins shall be backfrlled, graded, and stabilized or cleaned out and made into acceptable lake areas. 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 Conditions Nos. 13 A. through D. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: Disturbed areas shall be permanently revegetated according to the Revegetation Plan prepared by Mr. James Izzell, PG dated February 5, 2004 with the following additions: Spring/Summer: May 1-Sept. 15 Browntop millet 20 Ibs/a Kobe Lespedeza 20 Ibs/a Switchgrass 5 Ibs/a Fall/ Winter Sept. 15-A2ril 30 Winter Wheat 120 Ibs/a Korean lespedeza 20 Ibs/a Switchgrass 5 lbs/a Add to fall or spring plantings "Tioga" Deertongue (Panicum clandestinum) at a rate of 7 lbs. Pure Live Seed (PLS) per acre On slopes greater than 3 horizontal to 1 vertical, use Orchard Grass or Creeping Red Fescue instead of Switchgrass. Add one of the following to the above mixture: Creeping Red Fescue 5 Ibs/acre Ladino Clover 5 Ibs/acre Alfalfa 5 Ibslacre Atlantic Coastal Panic Grass 5 lbs/acre 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. Page 14 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 November 23, 2004. is hereby transferred in its entirety from Tri County Paving, Inc. to Jordan Land Development, Inc. this 141h day of December, 2006. By:��� JGGG James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources e�� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land quality Section James D. Simons, PG, PE Michael F. Easley, Governor Director and State Geologist December 14, 2006 William G. Ross Jr., Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 0500 0002 7892 5327 Mr. Leonard Jordan Tri County Paving, Inc. PO Box 863 West Jefferson, INC 28694 RE: Mining Permit No. 05-07 West Jefferson Quarry Ashe County New River Basin Dear Mr. Jordan: Your request to have Mining Permit No. 05-07 transferred in its entirety from your company to Jordan Land Development, Inc. has been approved. As we have received Jordan Land Development, Inc.'s required surety in an amount sufficient to cover the present operation, your company is hereby released from further responsibility for this site with respect to The Mining Act of 1971. Therefore, I am returning your $26,200.00 irrevocable standby letter of credit (no. -), issued by AF Bank to you for your disposal. Please note that the mining permit number and expiration date will remain the same as in the original permit Thank you for your cooperation in this matter. Sincerely, Floyd R. 1A i liams, PG, CPG, CPM State Mining Specialist Land Quality Section FRW/kh Enclosure: AF Bank ILOC No. - cc: Mr. Matt Gantt, PE Mr. William Gerringer-DOL, Mine and Quarry Bureau 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 919-733-4574 / FAX: 919-715-8801 512 North Salisbury Streel, Raleigh, North Carorma 27504 An Equal Oppalunily l Af rmalive Acdon Employer-50%Recycled110% Post Consumer Paper i North Carolina epartment of EnvironmAht and Na ral Resources, Division of Land Resources, Land Quality Section MINE INSPECTION IMPORT (PERMITTED MINE) 1. MINE NAME We 1 7. r/'r, raw, _ _ _ 2. MINING PERMIT # o 7-o7 3. OPERATOR 7•."/oc.�d/l�s.t,n. l,ic •Ni />,,.�L�r,:..Z,44. COUNTY ASbe. 5. ADDRESS r'a , r lfti i 6. PERMIT EXPIRATION DATE //-21- za /4 7. RIVER BASIN /vPW 8. Person(s) contacted at site <ec•a., vFa„1<., 9. Was mine operating at time of inspection? SJOYes ❑ No 10. Pictures? ❑ Yes fr,YNo 11. Date last inspected: R / r r / e 4 12. Any mining since last inspection? La• Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes F'No If no, explain: el,. ,10/,.. x tz r, , r,,, Set/ k,, .ne' rn, i f AP Sr bu„ //r J 1° /a 5(fon/ nfw ar w I P"iC,/ .✓Pt-1 5.4 a%Hf. �p llica.w r3r.eN` 14. Is the mine in compliance with the Reclamation Conditions of the Permit? FV es ❑ No If no, explain: RECEIVED . �,,J rr aFCTi0H IB 15. Did any of the above deficiencies result in offsitc damage? ❑ Yes o If yes, describe the type and severity of the damage: 16. Corrective measures n`eede d/or taken: Ar ✓'1t r/ mi uP nr,iO plft�f c� SS arP P%ir/F S rrP 17. Other recommendations and comments: r (.• / r /+'• e<� rv'%!n ¢p T rev *Sf Uwr Pr lbP rent rr 1 . Y GP/fJiS/)IP W- r7 io (ynn,'f f,o✓o� Fr."Sr YYInP .M.10, 18. Is the Annual Reclamation Report +/-map accurate? O Yes DoNo (Explain) ❑ Not Reviewed got? ra wklif M.H SLrow q„ gefr.,s% pyrayoled °rf5 19. Follow-up inspection needed? ❑ Yes 044 Proposed date 20. No. of additional pages of Inspection Report O. 21. Copy of Report sent to operator 1// 16 / p (date) INSPECTED BY: , PX w*y re Ze; 7L,os/rt M-/ K-r4f if DATE _// / 410 Telephone No: (334) 77/- ,l/b0 White copy to file Yellow copy to operator Pink copy 10 Mining Specialist 10197 IRREVOCABLE STANDBY LETTER OF CREDIT LETTER OF CREDIT NO: - EFFECTIVE DATE: A -I•gM06 AMOUNT; Name a Box 26 Address West Jefferson, NC 2869d City State Ashe County 1QVWWW1r`Te1Dv. State of North Cerollda Department of Environment and Natural Resources 1612 Mail Service Center Rnteigh, NC 27699-1612 APPLICANTIOPERATOA Jordan Land Development, Inc. Name Y.O. Ros $63 Address West Jefferson NC 28694 City State Zip Code A1111 County $26,200.00 k s� ;jell ''.•. b& c 1 lt'W k- 't t'U..W` ,l.scswt� �a- G-� • i a-R-�1d�w� U -2- Dear Sir or Madam: (1) The APPLICANT/OPERATOR desires to engage in mining operations within the State of Nortb Carolina, under the provisions of the Mining Act of 1971, N.C, Gen. Stat, 74- 46 et sea. And the administrative rules promulgated thereunder. (2) N.C. Gen. Stat. 74-50 requires that operators engaged in mining shall first obtain an operating permit from the N.C. Department of Environment and Natural Resources ("DENR") which covers the affected land and which has not terminated, been revoked, been suspended for the period in question, or otherwise become invalid. N.C. Gen. Stat. 74-50 requires that each applicant for an operating permit, or for the renewal thereof, shalt file with DENR, and shall thereafter maintain In force, a bond in favor of the State of North Carolina in an amount as prescribed by Title 15A N.C. Administrative Code Subchapter 5B. 0003. N.C. General Stat. 74-54 further provides that in lieu of the surety bond, an applicant or operator may file with DENR a cash deposit, negotiable securities, or an assignment of a savings account in a North Carolina bank. (3) Thus, this IRREVOCABLE STANDBY LETTER OF CREDIT is issued to DENR, in lieu of the surety bond required to be filed by the APPLICANT/OPERATOR, as provided by N.C. Gen. Stat 74-54. (4) The undersigned hereby establishes its IRREVOCABLE STANDBY LETTER OF CREDIT in favor or DENR, for the Account of: Jordan LaUd DeyelonMent, Inc. (APPLICANT/OPERATOR) For the amount of 3�venty-sjx Thousand, Two Hundred dollars and no 100's (126,20Q 00), available by DENR's draft (s) drawn on sight. (5) This IRREVOCABLE STANDBY LETTER OF CREDIT shall expire on ad-7 (date at least one (1) year from The expir tion date shall be extended automatically for a period of Cl)4P year on 3 ^ / - qUD!Z and ( one year or more) (expiration date) 3- ell each successive expiration date, unless, a least sixty (60) days prior to the expiration date, the undersigned notifies DENR and the OPERATOR by certified mail, return receipt requested thnt the undersigned will not extend this letter of credit beyond the current expiration date. If the undersigned notifies DENR that this letter of credit will not be extended, any unused portion of the credit shall he available upon presentation of DENR's sight draft within sixty (60) days after DENR'S or the OPERATOR'S receipt orsuch notification, whichever is later. (6) This IRREVOCABLE STANDBY LETTER OF CREDIT is non -transferable. (7) Draft(s) shall be marked "Drawn Under Ashe Federal Bank Irrevocable Letterer Credit, Credit No,_� (issuing Institution) and shall include the following documentation; (a) A signed certificate by DENR, referring to the effective date and Number of this IRREVOCABLE STANDBY LETTER OF CREDIT, and stating tlmL• " In accordance with N.C. Gen. Stat, 74-59, we have received a notice of forfeiture of pan or all of the Bond Amount. The amount of our drawing doer not exceed the amount of the forfeiture as set forth in such notice." -or- (b) A signed certificate by DENR, referring to the effective date and Number of this IRREVOCABLE STANDBY LETTER OF CREDIT, and stating that: " We have received from Ashe Federal Bank (Issuing Institution) written notice stating (1) that this IRREVOCABLE STANDBY LETTER OF CREDIT has not been renewed: and (1) that the amount of our drawing doer not exceed the Bond Amount , less any previous forfeitures thereunder, pursuant to notices received in Accordance with N.C. Gen. Stab 74.59." -or- (c) A signed certificate by DENR, referring to the effective date and Number ofthis IRREVOCABLE STANDBY LETTER OF CREDIT, and stating that: U 4- " We havereeelved from Ashe Federal Bank ......................... written notice stating (1) that there exists an Event of Default under the credit Agreement (as defined in the IRREVOCABLE STANDBY LETTER OF CREDfI)p (2) that a drawing should be made under this IRREVOCABLE STANDBY LETTER OF CREDIT: and (3) that the amount of the drawing does not exceed the bond amount, less any previous forfeitures thereunder pursuant to notices received in accordance with N.C. Gen. Smt 74-59" (S) This IRREVOCABLE STANDBY LETTER OF CREDIT is subject to the Uniform Customs and Practices of Documentary Credits (1993 Revision), International Chamber of Commerce Publication No. 500 and the laws of the State of North Carolina. In the event of any conflict, the laws of the State of North Carolina will control. . (9) Ashe Federal Bank : hereby agrees with the drawers, endorsers, and bona fide holders that all drafts drawn under and in compliance with the terms of this IRREVOCABLE LETTER OF CREDIT will be duly honored upon presentation to this bank/issuing institution. Very truly yours, B uing Institulon) BY: TITLE. DATE: 2., O Swam nod subAcAbod w hefam me w. .m64 r� day orl.e.itih.t.t Io 01�. W' 1Vom7 Pubnc My Cummbslm MPIM: 3 - �J lD FOFFlclu SFAi NcWY�ryotNAshCarolinaDEBRA A. MILLER mleslon Fxplrea$: -dd1 LAND QUALITY SECTIONo 1612 MAIL SERVICE CENTER, RALEIGI NC 27699-1612 Subject: Re: West Jefferson (Orry - Ashe Co - 05-07 From: Tim Latham <Tim.Latham@ncmail.net> Date: Mon, 20 Nov 2006 11:30:39 -0500 To: Kristin Hicklin <Kristin.Hickiin@ncmail.net> CC: Matt Gantt <Matt.Gantt@ncmail.net> Kristin, I do not know when the property was purchased? My understanding is the property was purchased for buffer zone. No disturbance is taking place on this area. Tim Tim Latham NC DDNR Land Quality Section 585 Waughtown Street Winston-Salem, NC 27107 (336) 771-5000 Fax (336)771-4631 On 11/20/2006 10:13 AM, Kristin Hicklin wrote: Good mornin' Tim: Is the new property being disturbed or did they just purchase it for a future modification? -Kristin Tim Latham wrote: Kristin, Matt and I inspected the West Jefferson Quarry yesterday. We completed an . inspection report and requested that a revised plan map be submitted to show new property acquired on west side of mine (Brown Property). That is all we found. Tim Latham NC DSNR Land Quality Section 585 Waughtown Street Winston-Salem, NC 27107 (336) 771-5000 Fax (336)771-4631 r�ma C � 2006 MINING PERMIT APPLICATION REVIEW E _RM for ----- -- - DIVISION OF WATER QUALITY NCO; C Project: VVesi- \TC�f/SOti County: 64g "Due Date for Comments Back o L ality Section: I111slob " Water Quality Section Review: Assigned to: 9earvm C,,,r* Date Review Completed: P-c-v6 Will the operation, as proposed, violate standards of water quality? Comments: c o . Watershed/Stream Name & Classification: )V;%V / 1,rnF iuFEaLo CRCCW GrNnr' r YES NO NPDES permit required NPDES permit existing _ (Permit n_) —� Nondischarge permit required _ Nondischarge permit existing _ (Permit Wetlands disturbed L/ 401 Wetland Cart, required _ RECF,ND NOV 0� 2CC6 Approved by: j Date: lANO UUAt�TI SECTION II-4-o6 eras RFCFTVED Imo auaun ; �crioN MINING PERA APPLICATION RE`%EW FORM for DIVISION OF AIR QUALITY tNov Ep C TV LAND Project: WtjOUALITYSECTIOti ,% TeRF Eon+. (DA/nrn_ County: As1,p- "Due Date for Comments Back to LanalitySection: I I I IS 106 Air Qualitv Section Review: Assigned to: eL levc Date Review Com eted IP 1 uunl, Will the operation, as proposed, violate standards of air quality? L Comments: YES NO Air permit required ✓ _ Air permit existing _ (Permit_) ✓ Comments: QUO.YwI L+-I2•�ur5 �}c be G�?CY"Lti"1 tiq t;,i-tlnULtt rou Air e �� In�'.5 f Q, FL(I b_�— Approved by: WL06!2Xi%t Lf7VO Date: II pZ ZCU( sr�= RECEIVED N0V 07 2006 LAND QUAUTY SECTION ten. • • MINING CHECKLIST FOR ROUTING Applicant'sNameSe.AoxlnNA Lluwir Project Name:5ff4\fsu ION ApplicJ ermit N 0t , County: Date R��eceived: lc)- a3- Reviewer. C River Basin Name: I )LW . ❑ New ❑ Renewal ❑ Modification (insi permit boundaries) ❑Mod fication t (outside perm boundaries) T ansfer ❑Release ❑Partial Release ❑ Additional lnformation ❑Fee Needed:$ �4 Fee Received: lia. a[) PI a r. min^ n .ire application package to: SRo Regional Office (2 complete copies; attach the "LQ5 Regional Office Mining Application Review Checklist" to one copy and attach lzath the DWQ and DAQ "Mining Application Review Form" to the other copy; send both copi s to h' i nal Engineer) Date: Routed / a � e ❑ Division of Water Resources Date: Routed Rec'd ❑ NC Wildlife Resources Commission Date: Routed Rec'd ❑ US Fish & Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Please route first 3 pages of the application and any location maps to: ❑ Division of Parks & Recreation Date: Routed Rec'd _ 0 NC Geological Survey Section Date: Routed Rec'd _ (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd _ (Only new applications) ❑ Other. Date: Routed Rec'd 17 "Suspense Date for Comr Grits: - -ale (no later than 25 days from receipt) ❑ Please note the following: • S ' a JORDAN LAND DEVELOPMq& INC. P. 0. Box 663 WEST JEFFERSON, NC 28SM PHONE: (336) 2d -- " PAY TO THE `n/ ORDER OF / MEMO /pia, "Deem. � fR�gl�t AF WEST AEFFE ,NC 29E9a afi-n , KI 2215 ooLLARs JORDAN LAND DEVELOPMENT, INC. 2215 KILPATRICK . STOCKTON LLP Attorneys at Law October 20, 2006 VIA UNITED PARCEL SERVICE DELIVERY Mr. Floyd Williams, P.G. State Mining Specialist NC Department of Environment and Natural Resources Division of Land Resources Land Quality Section 512 N. Salisbury Street Raleigh, North Carolina 27604 RE: TRANSFER OF MINING PERMIT PERMIT NUMBER 05-07 WEST JEFFERSON QUARRY NEW RIVER BASIN Dear Mr. Williams: 1001 Weft Fourth St. Winston-Salem NC 27101-2400 t 336 607 7300 f 336 607 7500 w .KdpatrickSmckton.mm Stephen R. Berlin direct dial 336 607 7304 diced fax 336 734 2614 SBedin@Kilpatra&Swckton mm On behalf of my clients, Tri-County Paving, Inc. and Jordan Land Development, Inc., a transfer of mining permit number 05-07 is hereby requested. In support of this request, the enclosed documents are hereby submitted in accordance with the provisions of North Carolina General Statute 74-51 of the Mining Act of 1971 and guidance provided by the Land Quality Section. Also enclosed is a check to NC DENR in the amount of $50.00 in full payment of the processing fee for the transfer of this permit. Please contact me if you have any questions or issues to discuss regarding this request. Thank you for your assistance. Sincerely, Stephen R. Berlin Enclosures RECEIVED OCT 33 7^^A LAW QW-LlrrSECT10N a.YNrn AUGUST CHARLMe wNeaa NEVMea w1£iaa s.oaxmY wuaworoa WINSNULEN JORDAN LAND DEVELOPMENT, INC. P.O. BOX 863 WESTJEFFERSON, NC 28694 OJpce: 336-246-7244 F= 336-8464914 September 29, 2006 NC Department of Environment and Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Re: Mining Permit Transfer To Whom It May Concern: I am the President of Jordan Land Development Inc., the proposed new permittee of the West Jefferson Quarry, Mining Permit No. 05-07, On behalf of Jordan Land Development, Inc. I hereby request that the above referenced existing permit be transferred to Jordan Land Development, Inc. Upon transfer of the permit, Jordan Land Development agrees to accept any and all responsibilities and liabilities with respect W the Mining Act of 1971. In accordance with the regulatory requirements for the transfer of this permit, the first three pages of the mining permit application form have been completed and are enclosed along with a check in the amount of $50.00 payable to the Department of Environment and Natural Resources for the permit transfer processing fee. Also enclosed is the Land Entry Agreement which has been signed by both the landowner ofthe land covered by the permit and Jordan Land Development, Inc. An updated mine map for the site clearly indicating the items listed under Section D. - Maps of the mining permit application form is hereby submitted along with a letter from the existing permittee requesting that the mining permit be transferred to Jordan Land Development, Inc. Further, Jordan Land Development, Inc. hereby submits the enclosed band to replace the existing bond along with a completed page 14 of the mining permit application form which validated the bond amount. Please finalin the transfer of Mining Permit No. 05-07 for the West Jefferson Quarry to Jordan Land Development, Inc. Respectfully submitted, B . or n La el ment, Inc. Patricia Jordan, sident Enclosures TRI-COUNTY PAVINC,INC. P.O. BOX 863 WEST JEFFERSON, NC 28694 OFFICE: 336-246-7244 FAX: 336-846-4914 September 29, 2006 NC Department of Environment and Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 RE: MINING PERMIT TRANSFER To Whom It May Concern: 1 am the President of Tri-County Paving, Inc., the existing permince of the West Jefferson Quarry, Mining Permit No. 05-07. On behalf of Tri-County Paving, Inc., 1 hereby request that the above referenced existing permit be transferred to Jordan Land Development, Inc. Respectfully submitted, *B,'CountyPaving,J crdan, Pre dab • Ll NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine West. Jefferson Quarry County Ashe River Basin New Latitude (dd.mm.ss) 36-24-13.68 Longitude (dd.mm.ss) 81-28-53.49 2. Name of Applicant*_ Jordan Laney Development, Inc. 3. Permanent address for receipt of official mail** 613 S. Jefferson Ave., Jefferson, NC 28640 P.O. Box 863, West Jefferson, NC 28694 Telephone 336-246-7244 4. Mine Office Address 613 S. Jefferson Ave., Jefferson, NC 28640 Telephone 336-246-7244 Mine Manager Chris Lucian Jordan 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. r� ***Sigi Print N Title President, Jordan Land Development, Inc. Date This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. * * The Land Quality Section must be notified of any changes in the permanent address or telephone number. * * * Signature of company officer required. G.S. 74-51 provides that the Department shall grantor deny an application 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. sm 0 • APPLICATION FOR A MINING PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to 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 Answer all of the following that apply: 1. a. 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: leased: Property owner if leased: Acres b. 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.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: 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 (disturbed, ground cover removed) by the mining operation? Yes No (if no, a "minor modification" fee of $50.00 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): d. 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.: 05-07 Total permitted acreage: 7.067 ■ 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: Crushed Stone / Dirt 3. Mining method: Hydraulic Dredge Front-end Loader & Truck X Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain) -2- 0 0 APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) 160 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) 80 feet 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? 1995 to present by Tri-County Paving, Inc. 6. Number of years for which the permit is requested (10 years maximum): 10 1.13muFillQ 1. Clearly mark and label the location of your mining operation on six (6) copies 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: N.C. Geological Survey NCDENR 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 715-9718 County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919) 733-7600 -3- APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation workrheet 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 affected during the life ofJhe miningpermit. Please insert the annroximate acreage, for each AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: 0.4 Ac. X $ 1.500 /Ac. _ $ 600 Stockpiles: Ac. X $ /Ac. _ $ Wastepiles: Ac. X $ /Ac. _ $ Processing Area/Haul Roads: Ac. X $ /Ac. _ $ Mine Excavation: 5.16 Ac. X $ 2.500 /Ac. _ $ 12,900 Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: 5.56 Ac. (TOTAL PERMITTED AC.: 7.067 Ac.) Tom norary & 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 0 Ac. b) Positive Drainage 5.56 Ac. X $1,500.00 = $ U40 SUBTOTAL COST: $ 21,840 Inflation Factor: 0.02 X SUBTOTAL COST: $ 21,840 X Permit Life (1 to 10 years): 10 INFLATION COST: $ 4,368 TOTAL COST = SUBTOTAL COST + INFLATION COST = S 26,208 Reclamation Bond Cost: -14- A-y,.sNoRa k IDES--_-__ _ 1r at IHIk {jyPiddEcTI S R1s Y ANTI � o p ro �nufel! I a/ 3o5O _ cP B= RAY LrmP IN r Te Ta l°/,orzoP 057 LYt STtNL T tHLe $EMI mENT DROP SToapCE Ef SrONE 4AN'rl"FLOTATION R tocv pla{{`DsTeR HAIL QG ent5E2 Tn'BE 4VFW pddre entriesentriesYr" 01 �MpFS SPAcE7 3" N c4T540E O gauzy. rjEOIMcNT 'graStN CONSTrtULTION 1iCTMl- 1.IOT lop , u.; l .Ie inin p Is or o up no IIM Y ends 0 Creole is Is done onsid nee Ink Darn [,Isaniquad added pipe area the fears allanre ml usual ban 118 a r did ] store . d o r� l Ilt 0 yyyypp�� 77 phrases repel holes iney he iIs'n. oa sal Oa, Size as boost an I, Bin. C in Ad �..1166 O O 1 Risen mefo Wfs /I 1111 1tthe f 1. ned ne 2 t LOW a r 'esa oq 12 4 0eutl rune nna he See Sv h (lye p u. 1oa of a aa Plan o ground 5uppoW par No. m of Ole Section A -A Figure 12 It, AmFVonn Than ind Ineor 8 \ 2( Flotle Foos Due 'al rule Neer Ctisfustinn SPtcr at 1. Construct berm by PI e .e t of taOsoR uhd oaerburder period front 'I ny honorably _ 2. Chad to Floc¢ e f of floncrobs for bee fortiouldon. Cut booledipars poor ratio wor grant 3. CompoCL'outshone In III lifts by ansimcllo fork Not 10 SCal¢ noun el - Install .n a w—cam a n. rm9'nonev s ¢al yy to 7 LQ does\ ..q. a— _. Jld eon --_ r,ned hole, can _ - there 11 real, Invent I. wever nay spa=^a e SECTION B-B i star [ aImi _ r to Land I A^ 2 ror raULI) NaTEU -� Cl 1. i t bfs - e s thelip-- un which if is used 2, The lisp between. sense two half doopectiona, and be�een the pipe chund correction [federal Ohl I A be k d with or almite atIM1 LTB ]1 Installated, r-Y - 3Ec8dollar tllbrun method with two . 112 a a- n of d den nki gn Elevation of Unassembled Collar food M1etly uular to ppo. — bel 5 i e Ca u-A2 h,tTII sell, Figure 12-3. Temporary Diversion Berm Detail Post col 0Is to ion on appealed - ` Gm Post Corner Pott—t -yl- ill a in - •--• -•tea---,- -._. m- oto 10 n. t,1i 315 a spring )n. irz saoucx min. ph Mob end gr Pe. NpTES ,amperary. movable P ostol 1 Far pernanenrtenre 11supposed t robot ban be sead treated wood door, 13crzrj War Ise mdtvp :- Me Poe Mining Activity Progress 1. Finalize approval of Mining Permit. 2. Establish sediment pond by installing barrel and riser as shown. 3. Stabilize top of highwall in existing excavation by sloping and vegetation. 4 Gradually excavate rock and sold, 4ivrel Lute existing ex:.a-vnt!na to the nosh_ 5. Continually maintain site drainage into pond. 6- Slope and stabilize all overburden at mining limits w 5CALL- .YMCX.. I = 50 - A' PtGFesL?E? AnEill I IIIo A� SeornEN� Pogo o.4 wL an Z hou P9 Cookie at to watt Concrete Base: Anti-Flotalbon Detail 12 Lags rn. I III or 211 1 If vemro we denied so to poradowhad :hpnneh on ever Posts 0, ortoam NNa8 staples elfwant rose details shop of al Step so to will In train test 11 all ph I I. Ishe TTTMan _edil ns I;n ..... ..dnd he, ed bad amod or I / favors by the lmprear to / $A N denced ely i pro Groot 6e �s play 12 k r has, Old Orion 111111 1p t f t \ she par two La rotor 11 p rill upon, 6 head p000sn a'I IJodn J postsu Bit moll on i it deep ern Were -ad r a d be sed at see endedo n shoo or ^nnc Issued to. [Creep . er latayocad �61I ac,� —� -J eon op, nhaam am an lose-dll p � $Il face —'� al dlaAu nslvoa. ?ii _iifs ou,net v oge or �.. w � 1 .a a ... qa mpuI Is and obnq io. III, J I the 51l Lose I q nerds a O4 to dq I, bameat PI n frond I the 54 Fese A ne'he possiblin. on I<so, Wh our. sun rune. Detail %A Few z�a SOGFER ��.—e,...__.-.ate.--_— ____Mtouat ur•^I? Rr�VYYP1.EtJ 41 $LQFC }0 i ...ems_ _®^�•� 251 i5UFFEQ /f o 2Tk Loon%IV" Man FRO el VSCis S �EFfE2 Sort daJhn a,sn� a / - Lpa tY rvcH -__-__ - Fl�orz of sited,pul U _ � E%1t11NL MININ4 L1Mrt — — - S 3t1.0., .'i ly N F i �Ipp_ �._.. _ .� 2 LL Iicc.PE52Ty 6F 3 be E -a1 _. (}SHE CoU NT>( Pd. Nu Fu c)( Ito no hold; - S.Iia f T1AIS Poo 3a¢p' F l5ll 1��° 2if;904 TGW ExNL MIMING Lim, E— 1"aNn 'Co tBE PC CA Viessi t _ Ott - lost - _— +INC F.7L No �'� 3Cu i _ i R 3o7c> 0 Wiese PE ��AaGd. � I sespole Vl ., �" ` LIMIT _ ,F..--•-� in q - 3�mu °.o'�/ IId-��F�� __._� 3ogP• 0 1 -0 s,(L 5, `rvt REgpcKPE1.E y,�� ✓5 a� ZE"o-` ---,� II '� % MtT L'MtT L A ..�.__-.._. All1I.QgR .5% IILi9 LITYrE guard Y�4fEAC � 90_�_ tk d{D,.?I.6� tNL // � � !!/ � � }, �OS2 ED,Si Cd .Qn. - ,{n8y>° ASPH0.Li t�HJ flr'�i€ urmiaa t� —o ito� + GF NcooT CI'f" -kf $URIEq ll� -..�9P �iz�r.A - .. _._ 'y / y.- P^oV N tiUGFpy`o ca. Eq' 9r o? IN Over, 2A `� 1. F� u N, � 3o3N \` �. � ad`"••.�..I+ p1�� sae �ZL �- �"e•a. c'� G o v-yiSy O y/ 't2Epaf��{s Oil �APl�lr�a sot �tCa�t,�.� �CHNVI, tahol d � $U1Lglhlti �julLt;m�A W� Off nr Wltµt qoo '�}zo7Ea'S uke pk NN1 3! aC. st j�.a,•IMEI,ii fofig SARPLEL And RL5EBDETNI 125•ate owNer REVlSeto CPAN 0 BVILlonr shosphin 500' /3u0 wtTHw 500'p' WEST .JEFFEI SG'l QUARRY SCALE RSWN BV JI O Jmw Lmia VEVELnaSnerr, IML `it PEVI9EO AsKE Nc 02-5 5_�9, � DATE 11 RY DRAWING NUMBER CAROLI'Jq UOLOWICAL SERVICES ' GPRtfESz, N� • APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971. 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 mayy be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event mg forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT- Signatur . Signature:* �/l.Guv_l Leonard Jor n, President Print Name: Tri-County avine, Inc. Print Name: Patricia Jordan Address: P.O. Box 863 Title: President West Jefferson, NC 28694 Company: Jordan Land Development, Inc. Telephone: 336-246-7244 Mine Name: West Jefferson Ouarry *Signature must be the same as the individual who signed Page I of this application. of Environment and Natural Resources must be sent to the Land ess 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. SIM -2 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist December 10, 2004 Mr. Chris Lucian Jordan Tri County Paving, Inc. PO 843 West Jefferson, North Carolina 28694 RE: Permit No. 05-07 West Jefferson Quarry Ashe County New River Basin Dear Mr. Jordan: Michael F. Easley, Governor William G. Ross Jr., Secretary Your recent request to have the above referenced mining permit modified has been approved. The modification is to remove Operating Condition No. 4F from Mining Permit No. 05-07 and to change the operation from Crushed Stone Quarry to Crushed Stone Quarry and Borrow Pit. A new permit cover page and a new page No. 4 of the permit are attached. Please replace the existing pages with the new ones. Please attach this approval letter and cover page to your existing mining permit for future reference. The expiration date, mine name and permit number on the permit document shall remain the same as before this modification. 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 7.067 acres and the amount of land you are approved to disturb is,5.56 acres. Please advise this office at (919) 733-4574 should you have any questions concerning this matter. Si cerely, games D. Simons, PG, PE J DS/jw ' Enclosure Cc: Mathew Gantt 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / 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 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: Tri County Paving, Inc. West Jefferson Quarry Ashe County - Permit No. 05-07 for the operation of a Crushed Stone Quarry and Borrow Pit 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: November 23,201 Page 4 4. Erosion and Sediment Control A. The operator shall notify the Winston-Salem Regional Office, Land Quality Section, at least 48 hours prior to beginning any of the initial land disturbing activities indicated in the approved application for a mining permit and any modifications to this permit thereafter. B. 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. C. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Mine Map last revised June 30, 2004 and supplemental information dated April 12, 2004, June 30, 2004 along with additional information received by this office on October 6, 2004. D. Mining activities shall be conducted from the southern end of site after construction of the sediment pond and progress to the north with all drainage from mining related disturbances directed to the sediment pond. E. An erosion and sediment control plan(s) shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved application for a mining permit and any approved revisions to it. Such areas include, but are not limited to, expansion outside of the approved pit area, creek crossings, or expansion of overburden or waste disposal areas. 5. Operating Schedule No mining or processing related activities, without prior approval from the Department, shall be conducted during weekends and holidays because of the mine site's proximity to Mount Jefferson State Park. 6. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. ern NCDENR North Carolina Department of Environment and Natural Resources 410 &J>„ imaroda Division of Land Resources GhaAes 1 1.6eMner, P.G., P.E. Director and State Geole9ist Mr. Chris Lucian Jordan TO County Paving, Inc. PO Box 863 West Jefferson, North Carolina Re: West Jefferson Quarry Ashe County New River Basin Dear Mr. Jordan: November 23, 2004 Michael F. Easley, Governor William G. Ross Jr., Secrelary _ 0006 5833 749e 28694 ?cue pB60 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. 05-07 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 November 23, 2014. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage at this site is 7.067 acres and the amount of land you are approved to disturb is 5.56 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. Sincerely, Floyd" R. William , PG, CPG, CPESC State Mining Specialist Land Quality Section FRW/jw Enclosures cc: Mr. Matt Gantt, PE Ms. Shannon Deaton -WRC, w/enclosures Mr. Bradley Bennett-DWQ, w/enclosures Mr. William Gernnger-DOL, Mine and Quarry Bureau, w/o enclosures Land Quality Section 919-733-45741 FAX: 919-733-2876 - Geological Survey Section 919-733-24231 FAX: 919-733-0900 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 Division of Land Resources 919-733.38331 FAX: 919-715-8801 l Inlemet 'www,dlr.enr. stale.nc.us/dlthim An Equal Opporneet 1ARrmative Action Employer-50%Recycled 110% Post Consumer Paper DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION 124:1t1vilt>r 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: Tri County Paving, Inc. West Jefferson Quarry Ashe County - Permit No. 05-07 for the operation of a Crushed Stone Quarry 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: November 23 2014 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. _ In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until November 23, 2014. Conditions This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: Page 3 OPERATING CONDITIONS: 1. Wastewater and Quarry Dewaterino 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. 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 Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the pernittee's responsibility to contact .the Water Quality Section, Division of Water Quality, to secure any necessary storm water permits or other approval documents. 2. Air Quality and Dust Control A. Any mining related process producing air contaminant emissionsincluding fugitive dust shall be subject to therequirementsand rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. The permanent access road shall be permanently stabilized. During processing operation, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. Buffer Zones A. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. B. Sufficient buffer (minimum 50 foot undisturbed) 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. G. ) All buffer zones shown on the Mine Map last revised June 30, 2004 shall he maintained to protect adjoining property. These buffer zones, with the exception of the installation of required sediment control measures and approved earthen berms, shall remain undisturbed. Page 4 4. Erosion and Sediment Control A. The operator shall notify the Winston-Salem Regional Office, Land Quality Section, at least 48 hours prior to beginning any of the initial land disturbing activities indicated in the approved application for a mining permit and any modifications to this permit thereafter. B. 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. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Mine Map last revised June 30, 2004 and supplemental information dated April 12, 2004, June 30, 2004 along with additional information received by this office on October 6, 2004. D. Mining activities shall be conducted from the southern end of site after construction of the sediment pond and progress to the north with all drainage from mining related disturbances directed to the sediment pond. E. An erosion and sediment control plan(s) shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved application for a mining permit and any approved revisions to it. Such areas include, but are not limited to, expansion outside of the approved pit area, creek crossings, or expansion of overburden or waste disposal areas. New land disturbing activities shall not exceed more than one exposed acre at any one time. This will require stabilization of disturbed exposed areas as the mining activities advance from the south to the north. 5. Ooeratinc Schedule No mining or processing related activities, without prior approval from the Department, shall be conducted during weekends and holidays because of the mine site's proximity to Mount Jefferson State Park. 6. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. Page 5 i. Graded Slopes and Fills A. 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 groundcover, devices or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of the quarry opening shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 64 days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope. 8. Surface Drainage 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. 9. Blasting The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Sections B. and D. of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: A. Ground Vibration With Monitoring: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure 1 (below) at the immediate location of any, regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building. Page 6 16.0 Blasi Vibra[len Frequency. M= Figure 1 AIrerva(ive b/asuna lava/ crReno [Source mpdiletl /rpm figure H-i. Bureau of mines Ria50:) B. Ground Vibration Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (D/Ds)' D, = D W uz V = 160(Ds)-''s W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). Ds = Scaled distance factor. V = Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. Page 7 C. Air blast With Monitoring: Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Max Level, Measuring System, in Hz in dBL 0.1 Hz or lower -flat response 134 peak 2.0 Hz or lower -flat response 133 peak 6.0 Hz or lower -flat response 129 peak D. Air blast Without Monitoring: In the event of seismograph malfunction or other condition whichprevents monitoring, blasting shall be conducted in accordance with the following formulas: To convert U (psi) to P (dBL): U = 82 (D/W0.33)-12 P = 20 x log (U/2.9xl0'9) _ Confined Air blast/Overpressure (dBL) for quarry situation: A=P-35 U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). The air blast/overpressure shall not exceed 129 decibels, for the purposes of this Section. Page 8 E. Record Keeping: The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum pounds per delay interval; amount of stemming and burden for each hole; blast location; distance from blast,to closest offsite regularly occupied structure; and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. Excessive Ground Vibration/Air blast Reporting If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However, blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. G. Fl rock Prevention: The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. H. FI rack Reporting: Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. Page 9 Studies: The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. J. Notice: The operator shall, when requested by the Department, give 24-hour advance notice to the Land Quality Section Regional Office prior to any blast during a period for which notice is requested. 10. High Wall Barrier A physical barrier consisting of large boulders placed end -to -end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope. 11. Visual Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed appropriate by the Department. QB Vegetated earthen berms shall be located and constructed as shown on the Mine Map last revised June 30, 2004. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. 12. Plan Modification 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. Page 11 1Bonding The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $26,200.00 surety bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 16. Archaeological Resources Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. Page 10 13. Refuse Disposal A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division 'of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources' rip or 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 14. Annual Reclamation Report 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. NOTICE OF ISSUANCE OF .. . - MINING PERMIT. You have previously expressed an interest and/or arelistedas an adjoining landowner in the application for a mining permit filed by Tri-County Paving Inc to conduct mining activities off Mount Jefferson Road in Ashe County. The mining permit (no. 05-07) was issued on November 23, 2004. 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. 150B-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA, a petition for a contested case must be filed in the Office of Administrative Hearings within sixty (60) days of the mailing of this notice to you. . If you file a contested case petition, it must be in writing and in the form, prescribed by N.C. General Statutes 150B-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, INC 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 Mr. Daniel A. Oakley, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. J' mas D. Simons vector ivision of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on li a3 /end ,, / ptDi—�Gt 4 Brenda Harris Mining Program Secretary Page 12 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation Schedule, the planned reclamation shall be to provide a permanent barricade (fence) along the top of any high wall and properly grade and vegetate any areas in unconsolidated material. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability. Page 13 B. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. 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 Conditions Nos. 13 A.' through D. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: Disturbed areas shall be permanently revegetated according to the Revegetation Plan prepared by Mr. James Izzell, PG dated February 5, 2004 with the following additions: Spring/Summer May 1-Sept. 15 Fall/ Winter Sept. 15-April 30 Browntop millet 20 Ibs/a Winter Wheat 120 Ibs/a Kobe 'Lespedeza 20 Ibs/a Korean lespedeza 20 Ibs/a Switchgrass 5lbs/a Switchgrass 5 Ib/a Add to fall or spring plantings "Tioga" Deertongue (Panicum clandestinum) at a rate of 7 Ibs. Pure Live Seed (PLS) per acre On slopes greater than 3 horizontal to 1 vertical, use Orchard Grass or Creeping Red Fescue instead of Switchgrass. Add one of the following to the above mixture: Creeping Red Fescue 5 Ibs/acre Ladino Clover 5 Ibs/acre Alfalfa 5 Ibs/acre Atlantic Coastal Panic Grass 5 lbs/acre 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. Page 14 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. Fidal reclamation, including revegetation, shall be completed within two years of completion or termination of mining. . Permit issued this 23' day of November, 2004. James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources ■ Y TRANSMISSION VERIFICATION REPORT TIME 01/04/2006 17:07 NAME NC DENR DLR FAX 9197158801 TEL 9197333833 SER. # =xxxxxx=xx DATE,TIME 01/04 17:02 FAX NO./NAME 913367342619 DURATION 00:05:36 PAGE(S) 18 RESULT OK MODE STANDARD ..tom V North Carolina Department of Environment and Natural Resources Division of Land Resources - Land Quality Section Mining Program 1612 Mail Service Center, Raleigh, North Carolina 27699 (919) 733-4574 Fax:(919) 715-8801 FAX COVER SHEET FAX NUMBER TRANSMITTED TO: ib Of.. From: RE: 5F YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE US [IMMEDIATELY AT (919) 733-4574. MINING CHECKLI5T FOR ROUTING Applicant's Name: �A 1a41rAL4J DAu1y1 Project Name: v • 11n ' Applic./Permit No.: ounty: Date Received: f 9 0 Reviewer: QAhk LA&// River Darin Name: C New ❑ Renewal 201viodifica ion (inride permit boundaries) ❑ Modification (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release ❑Additional Information CFee Needed: $' ❑ Fee Received: $ [ram g pplicatlon oaf kage to: ba.ICegional Office (2 complete copies: attach the "LQ5 Regional office Mining Application Review Checklist" to one copy and attach both the DWQ and OAQ "Mining Application Review Form" to the other copy: send both cool 9 t thp. nal Engineer) Date: Routed id �° ` ec'd ❑ Division of Water Resourcee Date: Routed Reed 'O NC Wildlife Resources Commission Date: Routed Feed ❑ U5 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 any location maps to: ❑ Division of Parks & Recreation Date: Routed Reed _ ❑ NC Geological Survey Section Date: Routed Reed _ (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed pCed _ (Only new applications) ❑Other: Date: Routed Reed *`5uepenee Date for Comments: I (no later than 25 days from receipt) Xase note the following: r :;.?_FG..:rdw�k;das�«:•rsiV�a�.::rn�•sxu�% TRI-COUNTY PAVING, INC. P.O. BO X863 WEST JEFFERSON, NC 28694 OFFICE: 336-246-7244 FAX: 336-246-4914 December 3,2004 North Carolina DLrNR Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Attn: Judy Wehner Dear Ms Weimer: OfC 09100y This letter is regarding the mining permit received by Tri-Coumy Paving Inc, dated November 23, 2004 in reference to Page 4, item R4, letter F. To the ectest that this tern is not a typographical error, Tri-County Paving is in opposition to this restriction and we are asking that it be removed from the permit. It is my understanding that slate law already allows a oomparty that remains under an acre of disturbed area to remove dirt, rock, etc. without a mining permit. It makes no sense to grant a permit for activities that do not require a permit. This document also stated that this permit is for crushed stone. However, our application renects the mining of crushed stone and din. Dirt will be excavated from this site during the process of rock removal. If the dirt is not an issue, we request that you confirm this understanding as dirt will be hauled off site in the rock removal process. Your prompt attention to this matter will be appreciated. (SSiiinn�1ce�rree`llyy`,`��—' LucienJordan Vice-Presidem Tri-County Paving Ina DEN2 Winston_ -Salem Fax:336-771-4631 Department cf Environment and Natural Michael F. Easley, Governor William G. Ross Jr., Secretalty James D. Simons, P.G., P.E., Director and State Geologist Aug 27 '04 8:25 P.01 St NCDENR WINSfONSALEM REGIONAL OFFICE DIVISION OF LAND RESOURCES LAND QUALrrY SECTION FAX TRANSMITTAL SHEET Winston Salem Regional Office Telephone (336) 771-4600 nl�l it `I I Gal,r� l l ;it No. of Pages (including this page) 2 To: �6 YX FAX No. 73.3- a Y% 6 RE: TRi; C oun'Ty 0kopt'19 CO NMNTS: FAX (336) 771-4631 Froma Telephone No. U I° I ; ,rr9,ftia- I , 4, f - , i 4z :.. , I''�°V, If"�l i1ili-`�m 1Ne.itghtosvn Sheet Winatsn=Salem North Carolina 27307-2241 Phone,336.771A600 \ FAX:,3s6-7714631 \ Internet WItYenrsurtano.l°s1ENRI (IAN UALOFPDXrUMn`V\ AMMATMEACTIONESOLOYER-90%RB. ctp.EO%lo% POSrccNsuMeRPAPHt , � �uf41 DEPR Winston-Salem Fax:336-771-4631 Rug 27 '04 8:25 P.02 I III I I I I 1 I tl I I I Tit North Carolina Department of Environment and Natural Resources, Div islon of Land Resources, Land Quality Section' INSPECTIONAINE P (UNPERMIM111 MINE) I. OPERATOR Cl — i'n iiils"Plitt), ..r, 2. COUNTY hSwr- 3. CASE 4. LOCATION: N—t . "`&Frgcca.b Rm o.,n Ili I 440oeeii F"O.&N Rl03 L.1.— 3eFc .+.wi �ti1.�14 5. PERSON(S) CONTACTED AT SITE: �.re,_.+�3oeonr.] � 6. TYPE INSPECTION: ❑ A. Initial Inspection 1. Size of affected land: ac. (attach sketch map) 2. How was this area measured? Measured by: Ers, Follow-up Inspection ' I Date of last inspection lb / 7 / 03. . x, q�+�ArtyIli iy1211 since that date? O Yes No If yes cite evidence of such mining +IKb tlAI! Ili S I'I II;, III"Ildr p I a ! 7 7, 1! i rTi 4 L I—r ¢ayes) takea7 Ye O 'Taken byt.avo W,"uiab,n5 I . yj;$t le t ly9 g�q pia( + R PI k hng e't�ume of bgspechoni OYea AIi I4o -, IF yes, explain. I' k 11 I 9 Isl t$ere t�any dff111i4I A ❑"Yes' B Fr No C. ❑ None observed. . .I. I , . Tf Aj desili'e "I Idamage? the type and severity of the damage; I'I iI. if B for C is there for ' I,Yes No F.xplain'K)o ura�ntr�-f 'I i potential offsrte� damage? - ' Iji l P211Y .'�f ,.00G�1 .. +z'D, ..,. c.b.a.S7 pi.. .1 Ij t 1Y C IIIM C M'P IYI { LI I I -I 1 III ' II k I u 1[1ll I Ik - ,;. Ili S t16 y1 I�LQ:� Hued endlot;te)cen ',' I i ,11 , IC I, -Is 1 ,• a... I I� LV.it PL76� 4 (IJ its �1 •tt" ".'p•., iC, -. I LI I'll I��' Ntli r I{4 „1 jillittiIt t III +ilia 'll Vl II 1 I Al,lif '•,•••• } 1. 4 L•: - ...1t . 11 i .Itl III �� 17:Zt IPtlP iifli+t!ialdddddddt horyal 1page0s�o8 hupeFhon,Repott + I43 Copy ott!Repottlstnt to Cpa'etor _ I pl 14f5 Lill, ilr il+ .1t1 +I„ ,t,.w4444 , yy�7i , �- i arlow7gyY:q ov�'eroi y t rruk copy rd Af f6i SNe�11 S II �E1 i r Id ii- J� Iitiagl Q.. It M Prl..t� 3 h I� ll I '1J x�l Nil ' I Y IJ .a ]. 1 17,11 t .f' t I •1 t. t2 i. :4?I r^Lrlrl°Ill I `..I Pi a YJ l i`� r 14+ ny ii'1 YI Ip ,Wi I' I U J'F 111 + 11 fi( h1 13..,I 1 3 pltti< s 6 4+ ,ry p i(Ijolnhll fl 1.1 J{u' .j � rvlh t ' f -Iqr 4 ti II s s L, I: it 1 n - ]� .I 1 0�I. , 19i If� �.. G�NI7 f)I�.J,4 TRANSMISSION VERIFICATION REPORT TIME 12/10/2004 15:58 NAME NC DENR DLR FAX 9197158801 TEL 9197333633 SERA zxxxxxxxxxxx DATE,TIME 12/10 15:57 FAX NO./NAME 913368464914 DURATION 00:01:05 PAGE(S) 04 RESULT OK MODE STANDARD ECM 4 NCDENR North Carolina Department of Environment & Natural Resources Division of Land Resources — Land Quality Section 1612 Mail Service Center, Raleigh, NC 27699-1612 Phone (919) 733-4574 Fax (919) 733-2876 Facsimile Date: / L' —/O—O V TO: f,Vr^,., Phone No: Fax No: ,A — 911 ^ W FROM: Extension; / ;tfCOMMENTS: / (/ �-�. L D �, Jvraloi✓/ lJ�.ej- so+—C�rrorr� cult / 'yam / es a"Yt7�...,771 �{ 1 c>` You should be receivingT page(s) including cover sheet. Ifyou do not receive all a es, lease contact sender. N 1 ` \ i r _ .4 ' \ ♦ 1 4 � \ NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary November 18, 2004 Mr. Chris Lucian Jordan Tri County Paving, Inc. PO Box 863 West Jefferson, North Carolina 28694 Re: West Jefferson Quarry Ashe County New River Basin. Dear Mr. Jordan: Your application for a mining permit for the above referenced mine site has been reviewed but not yet approved. Enclosed is a draft of the mining permit proposed by the Department. The conditions in the draft permit were based primarily upon information supplied in your application. Other necessary conditions may have been added to ensure compliance with The Mining Act of 1971. The reclamation bond calculation worksheet submitted with the application has been verified. The bond amount for this site is $26,200.00. The bond is required before the permit can be issued. ' For your convenience, I have enclosed a bond form, an assignment of a savings account form and an irrevocable standby letter of credit form. The name on the security form must be the same as the name appearing on the enclosed draft permit, i.e., Tri County Paving, Inc. 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 will be issued when 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 minting 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. Geological Survey • Ladd Quality • Geodetic Survey Division of Land Resources • 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 . . 919-733-38331 FAX: 919-715-8801 1 Internet: www.dlr.enr.state.nc.usldlr.htm An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 1 10% Post Consumer Paper Mr. Jordan Page Two Please contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 if you have any questions. Anl�,W �iams, PG, CPG, CPESC State Mining Specialist Land Quality Section FRWIjw Enclosures cc: Mr. Matt Gantt, PE File 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: Tri County Paving, Inc. West Jefferson Quarry Ashe County - Permit No. * for the operation of a Crushed Stone Quarry 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: *. 2014 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator, succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. ; In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until *, 2014. Conditions This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: . Page 3 OPERATING CONDITIONS: Wastewater and Quarry Dewatering 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 Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Water Quality Section, Division of Water Quality, to secure any necessary storm water permits or other approval documents. 2. Air Quality and Dust Control A. Any mining related process producing air contaminant emissions including fugitive dust shall be subject to the requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. The permanent access road shall be permanently stabilized. During processing operation, water trucks or other means that may be; necessary shall be utilized to prevent dust from leaving the permitted area. 3. Buffer Zones A. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. B. Sufficient buffer (minimum 50 foot undisturbed) 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. C. All buffer zones shown on the Mine Map last revised June 30, 2004 shall be maintained to protect adjoining property. These buffer zones, with the exception of the installation of required sediment control measures and approved earthen berms, shall remain undisturbed. Page 4 4. Erosion and Sediment Control A. The operator shall notify the Winston-Salem Regional Office, Land Quality Section, at least 48 hours prior to beginning any of the initial land disturbing activities indicated in the approved application for a mining permit and any modifications to this permit thereafter. B. 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. C. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Mine Map last revised June 30, 2004 and supplemental information dated April 12, 2004, June 30, 2004 along with additional information received by this office on October 6, 2004. D. Mining activities shall be conducted from the southern end of site after construction of the sediment pond and progress to the north with all drainage from mining related disturbances directed to the sediment pond. E. An erosion and sediment control plan(s) shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved. application for a mining permit and any approved revisions to it. Such areas include, but are not limited to, expansion outside of the approved pit area, creek crossings, or expansion of overburden or waste disposal areas. F. New Land disturbing activities shall not exceed more than one exposed acre at any one time. This will require stabilization of disturbed exposed areas as the mining activities advance from the south to the north. 5. Operating Schedule No mining or processing related activities, without prior approval from the Department, shall be conducted during weekends and holidays because of the mine site's proximity to Mount Jefferson State Park. 6. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. Page 5 7. Graded Slopes and Fills A. 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 groundcover, devices or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of the quarry opening shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope. 8. Surface Drainage 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. 9. Blasting The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Sections B. and D. of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: A. Ground Vibration With Monitoring: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure 1 (below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building. Lz 91aat-V bratlen Fraqua ay, M= Figul8 l A/(amaryyg bfa3ting levgf crttana (Source modified /rom Altura B- a. 3v.eav of hfinas R r350:; B. Ground Vibration Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (D/D.)z Da = D 112 V = 160(Dq)-" W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or . leased by the mine operator (feet). Ds = Scaled distance factor. V = Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. - Page 7 C. Air blast With Monitoring: Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or [eased by the operator outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Max Level, Measuring System, in Hz in dBL 0.1 Hz or lower -flat response 134 peak 2.0 Hz or lower -flat response 133 peak 6.0 Hz or lower -flat response 129 peak D. Air blast Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: To convert U (psi) to P (dBL): U = 62 (DjW0.33)A.2 P = 20 x log (U/2.9x10-s) Confined Air blastlOverpressure (dBL) for quarry situation: A=P-35 U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 6.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). P = Unconfined air overpressure (decibels). A = _ Air blast or air overpressure for typical quarry situations (decibels). The air blasUoverpressure shall not exceed 129 decibels, for the purposes of this Section. Page 8 E. Record Keying: The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum, pounds per delay interval; amount of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure; and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. Excessive Ground Vibration/Air blast Reporting: If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However, blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. G. FI rock Prevention: The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. H. Flyrock Reporting: Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report'shali meet with the approval of the Department before blasting may resume at the mine site. Page 9 I. Studies: The operator shall provide to the Department a copy of -the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. J. Notice: The operator shall, when requested by the Department, give 24-hour advance notice to the Land Quality Section Regional Office prior to any blast during a period for which notice is requested. 10. High Wall Barrier A physical barrier consisting of large boulders placed end -to -end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope. 11. Visual Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed. appropriate by the Department. B. Vegetated earthen berms shall be located and constructed as shown on the Mine Map last revised June 30, 2004. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. 12. Plan Modification 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. Page 19 13. Refuse Disposal A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources rip__or 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 14. Annual Reclamation Report 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. Page 11 15. Bonding The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $*.QO *bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 16. Archaeoiogical Resources Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. Page 12 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 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. I All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina.Forest Service. B. 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: Provided further, and subject to the Reclamation Schedule, the planned reclamation shall be to provide a permanent barricade (fence) along the top of any high wall and properly grade and vegetate any areas in unconsolidated material. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability. Page 13 B. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiied 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 Conditions Nos. 13 A. through D. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan; Disturbed areas shall be permanently revegetated according to the Revegetation Plan prepared by Mr. James Izzell, PG dated February 5, 2004 with the following additions: Spring/Summer May 1-Sept. 15 Fall/ Winter Sept. 15-April 30 Browntop millet 20 Ibsla Winter Wheat 120 Ibsla Kobe Lespedeza 20 Ibsla Korean lespedeza 20 lbsla Switchgrass 5lbs/a Switchgrass 5 Ib/a Add to fall or spring plantings "Tioga" Deertongue (Panicum clandestinum) at a rate of 7 lbs. Pure Live Seed (PLS) per acre On slopes greater than 3 horizontal to 1 vertical, use Orchard Grass or Creeping Red Fescue instead of Switchgrass. Add one of the following to the above mixture: Creeping Red Fescue 5 Ibslacre Ladino Clover 5 Ibslacre Alfalfa 5 Ibslacre Atlantic Coastal Panic Grass 5 Ibslacre 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, Page 14 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 * day of * 2004. M James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources u�uuG ROUTING SLIP 10 U JUDY W. KRISTIN H. FLOYD W. 7ELLN. Ir JIM S. COMMENTS: �-� ��r�� �� `�-� N � � `�—_FY��va�+� �I �s������••��f�J�� Tri-County Paving, Ashe County Subject: Tri-County Paving, Ashe County From: Matt Gantt <Matt.Gantt@ncmail.net> Date: Mon, 25 Oct 2004 09:16:02 -0400 To: Judy Wehner <Judy.Wehner@ncmail.nety CC: Scott Sink <Scott.Sink@ncmail.nety Judy, I have the following comments on the plan submitted by James C. Izzel, Jr., dated October 5, 2004. 1. A full Sized plan is needed. The contour information submitted on the 8 1/2" x 11" sheet is not adequate. 2. As Floyd Williams and I discussed with Mr. Lucian Jordan on gust 25, 2004, the erosion control measures proposed for the north east corner of the site are not adequate. We suggested to Mr. Jordan that the site be excavated from the north side towards the south side. This procedure would allow all of the runoff from the site to be directed back to the proposed sediment basin. Although this procedure is mentioned in item #3 of the covet letter, it is not shown on the mine map. If it is outlined on the mine map, it is not legible. 3. It.is not practical to construct the sediment basin 8 feet deep. It appears that this would also be a safety hazard. Also, design dimensions of the basin (length and width) have not been p ovided. Surface area calculations must also be provided. A runoff coefficient "c" is needed. Also an inflow to the roposed basin "Q" is needed to determine, ",surface area for the basin. y10 (1 U0� f Qr wJtz 3es 5. Stockpile information on the mine map is not legible. Thanks, Matt Matt Gantt NC DENR Winston-Salem Regional Office Land Quality 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4608 ext 236 FAX: (336) 771-4631 I of 1 10/25/2004 10:46 AM 4p bATER & LFNO SECTION Fax:919-71"766 Oct 20'04 15:09 P.01 IDI13/2904 ll:e! PAK 11A 9040 KILPA7RICK VIUM UR .o OCT 13.04 UCY 66169 an CAROLIRA.R60Lnr.TCAL 616TT6TrMT r•of Aflacko AI Aa D1Wb els WRTER & LRNO SECTION Fex:919-716-6766 Ott 2�04 15:10 P.02 unm W/13/2004 t1 02 FAX 000 0000 94LVAIBi an.en OCT-I2-94 URV BBIB? ON OQQBLIMH.4BOLD4f 04� ff YTTQT4YT P OT WATER & LAND SECTION Fax.919-71"766 act 2iO4 15:10_ P.03 W/17/7004 11.0T FAX 038 8000 KILWFut anu.n run OCT 1"4 Oi0 OCt56 EM RAla6ZHO.hhVLG9l CAL OtV77072MT •.00 cm1mlAtlAAt E=5 WATER &LAND SECTION Fax:919-716-6766 Oct 04 15:10_ P.04 10/13/2004 11:50 FIX 000 00509 LILVAIN16N muummi RCT-a•-tl0 MGR POi PO AM ORROLiMR.OMOLtlCiCOL HO7TOORRI P-M I' 7L 1%FFrryyN dYrPa- _ .....�W'.es...2L"i__C'/fi{�¢,�/yrr�h�e%.po✓'e BviuN.�R� 3'rot L+v = 5f b Fs� , w Yaw6 f J Pyy �?, aly GFrYr - R jt 5 3�r y>z 0.2S�j�z 6�(o•+X•4''� �:lirr(•j h o a�ovy — UITER B LMD SECTION Fax:919-716-6765 Oct V 15:10 P.05 10/13/2004 11:53 FAN AIR ROOD RILPAIRISR S10SA10x ,e.,.,, " 007-Ai-04 WED IS?"" qn 6DYul, NY. OQOLDGi CAL 9169?09"9 OwlpYeAm iAN ere.mike R 2 � Y 9 y L 9 „alp„eery . 6PTER 6 LAND SECTION Faxm919-716-6766 Oct 2404 15:10 P.06 10A17/2004 II'SY FAX 338 4E00 KILPATYIBK YIYCKION n ^i 907—XV-94 NOR 00100 AN OPGOLINP. NPNLC61C1LL YlY%T012'Yi P-11 I N 1 .w4u, Ito rnQ• _ n + a e IY r P _ ' 8 g Y Neaxmd0y bra/TER & L�u/" SE yB Fax:919-716.6766 Soo aiiNarau•R x1KAIM Oct jj04 15:11 P.O? v• OCi��p�p9 M!p pf;pp Ab ¢PPYLSNprE¢OLp¢a C91. •- d WFTER & L*M SECTI(�Fax:919-716-6766 Oct 04 15:11 P.08 10/13/2004 11 CB FAN No Koo KIKPAIRwh UIYYApm .. ncT-ID-oo usp "sw NM Or1YCLiNP. lSYL11C}(!yl.. 91fTrorzzT P.18 .. Sed�r»!�rf• ,s:°:'�L,G. — 3;1�v.1iy��poo�l,�rY/ S '%34i'fIS 9li0wf prry/ y¢F v� fi.rr rr yl�.re_ .... .....__ .. O•'i•4.ivorY � ff_-�.O�S nrw-� .—_ bps.,,? rti �� rlrrr% /N� %4tvro:'a7 0.. d ;3 d Pf 27eJ I} rer.nfrii' 14 w. •Y �P'uM-, C,}rlfwr-L WATER & LAM SECTI�Fax:919-716-6766 Oct 04 15:11 P. O9 107187$000 lt;0y FAX 93P B 00 0ILPh7A105 TIVULIYn nnr-la-a1 Nsn oy red nN Men�iNw. G<OLVeren� etYTTvra1T - e.r• _r._. 11 :lfd74 7'k! swrr! dr fn' �P-dlw lr _VW 9+r• .r __ _ AdO! 4 /,g rpl br %/•-..'r+�' �i6f�G rVr i`N• �Y.G !M '. __. .. r,�G,r �.r..T_r4/ rp:f.C.,fff•..LLl�ldr.. �tr jpp erf ..YiM PlftrvNf� l Ma/I. ^1. / y7"1 g���; 3:�117 �' �.--4'• l `_43 lifr 3 6. ii� E MINING CHECKLI5T FOR KOUTING Applicant's Name: AV111C, Project Name:id�FZ/� Applic./Permit No.: County: adL Date Received: Reviewer. i l/ River Basin Name: Nuns. ,PX ❑ Renewal O Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release �lditlorial Information ❑ Fee Needed: $ ❑ Fee Received: $ iitne application packaoc to: —wi� I -4 /&r Regional Office (2 complete copies: attach the "LQ5 Regional Office Mining Application Review Checklist" to one copy and attach lz t the DWQ and DAQ "Mining Application Review Form" to the other copy, send both core to the R nal Engineer) Date: Routed /f) 7 6 ec'd ❑Division of Water Resources Date: Routed Rec'd 0 NC Wildlife Resources Commission Date: Routed Rec'd ❑ U5 Fish & Wildlife Service Date: Routed Rec'd (Only new applicatiors and modification requests that add and to the permit) Please route first 3 pages of the application and ally location map -to• ❑ Division of Parks & Recreation Date: Routed Rec'd _ ❑ NC Geological Survey Section Date: Routed Reed (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd _ (Only new applications) ❑Other: —_- Date: Routed Rec'el "°5uopen5e Date for Comment5:.I I I I IUY (no later than 25 days from receipt) I ' ❑ Please note the following: low 0 CAROLINA GEOLOGICAL SERVICES, INC. RECBNED October 5, 2004 OCT oC 2004 Ms. Judy Weimer NCDENR, Land Quality Section ENO QUALITY SECTION 1612 Mail Service Center Raleigh, NC 27699-1612 Subject: Tri-County Paving, Inc., West Jefferson Quarry, Ashe County Quarry Dear Ms. Weimer; I am writing on behalf of Mr. Chris Lucian Jordan of Tri County Paving in response to your letter of September 1, 2004. In that letter you requested additional information in 3 areas of concern relating to the pending application for Mining Permit. In response to your request, I have provided the requested additional information, which is arranged in the same order as your letter; 1. Please find enclosed the supporting calculations and construction details of the sediment pond and spillway system as per your request. The evaluation and supporting calculations were performed by Mr. T. Patrick Shillington, a North Carolina Licensed Professional Engineer. 2. As explained in previous correspondence, the existing excavation is the lowest point of all disturbed areas. Please refer to the existing site map for the "Mining Activity Progress" description. Please note that previous mining activities are clearly marked on the site map, and the proposed mining activity will simply be a continuation of this activity toward the north from this area. The mining will proceed toward the north by undercutting, and all disturbed areas will naturally flow into the sediment basin by gravity, since it will remain the lowest point. The northern section will be the last area mined, and will also simply flow back into the existing excavation and into the sediment basin. 3. 1 have no additional information on the proposal to condition the mining permit on limited hours of operation. It is my understanding that your office and Mr. Jordan have come to an agreement on this matter. P.O. BOX 429, GARNER. NC 27529 (919)779-0017 FAx: (919)779-7227 OFFICES AT 101 WEST MAIN STREET, GARNER, NC It is hoped that this additional information will be sufficient for your office to complete its review of this application. The applicant is anxious to begin work as soon as possible repairing the erosion on the highwall and establishing the sediment and erosion control as required. If you have any additional questions, please call me as quickly as possible so we can complete this process in a timely manner. Sincerely, James C. Izzell, Jr. enclosures E2s ENGINEERING & ENVIRONMENTAL SCIENCE COMPANY 30S ANDERSON DRIVE, SUITE 102 RALEIGH, NO 276M (919)781-7799 October 4, 2004 Mr. James Izzell, Jr., P.G. Carolina Geological Services, Inc. P.O. Box 429 Gamer, NC 27529 RE: Sediment Basin Evaluation Tri. County Paving Co. Ashe County, NC Dear Mr. Izzell: Per your request, Engineering & Environmental Science Co. (E2S) has conducted an evaluation of the proposed sediment basin for the above referenced site. Attachment A contains the details for the basin outlet and Attachment B contains the supporting calculations. . Site information has been provided by Carolina Geological Services. At the site is an 8 ft. to 10 ft. deep excavation that has vertical rock walls. Per survey work by others, the excavation is 0.295 acres. This excavation is proposed for the sediment basin during the mining activities. It is desired to use a rise barrel and horizontal conduit to convey water to the catch basin. The depth of the catch basin is about 15 ft. deep or about 3 ft. below the base of the pit. The TR-55 was used to determine the runoff for the 25-year rain event. Based on the calculations, the existing excavation can contain the runoff for the 25-year event. However, with consideration of provided sediment storage and at least a 1 ft. free board depth, the excavation will need to be increased to 0.358 acres. J • • The water will be removed from the pit using a perforated riser pipe and horizontal conduit. With the horizontal pipe only 8 inches, ant -seep collars are generally not needed. However, compacted clayey soil should be provided around the pipe to insure a low hydraulic gradient along the pipe. We appreciate serving Carolina Geological Services on this project. Please contact us if you have any questions. STingt KEnrcerel Pa ch1 President Attachment A: Details Attachment B: Calculations EIS General Specificafien I. RiuraM hnel slWlh�IvmirM cortogatcd meal pipe wiNaminimun wall Nkknss of0A5E inchs. E. The oazh g�mm shall h a febrieaecd coisofseel rods, span 12 ispM1n span ab fazrmM m Ne rap otdr rim. J. inch to lownhalfafnminuch aches. rallrya(carmpion wiN Ill imhInllug" apprnimmely3 inches. a. Rodandlug mniaaor bands wiN palaces shall be used Ncomcce Ne wrtugaeed plan segiwn, d.PsovidcmlentI clee blow, end as on sidewel top of SC as deanrrepipe ffi clayey sails las ilsai ASyaM, as daztamulp by N Unified SoilChvifiwtian System. Rand ump soils in li ircM1 has 7. Come iaonmlpipeflmnwarafromudimmebazinbm ngffi. ].Coresge psi Anti-gotsM1ml hveaEgdaywmprazive mengN afar lsu13th o psi.Strel miN emmtshall Fatrceminimom yeild atmglM1 offi0 Rsi. 9. Use wnler resistant epoxy pjaN w swl Mrimnml pipe awl outingm hteas cannmfim, Outlet Cross -Section Trash Gaurd IS- Diameter CMP Perforated Riser Pipe ton No. 57 Se Concrete Anti -Flom Concrete Concrete Anti -float Section Details Plmsview 8" Diameter R Ilxm Reber Cross -section (N ) 3WOpa Cmoert 3 K.3 •�tP p.: - ].S• L Na<grba C2&aB6 �My C amonw °R 'tea u flf ma a Details Iwnro West, QuaDy ,wsaw Ache Vo- n67...._ tip �9z S'/ .Ai9ji4.0/ey.'xi.� if.ni`65�Vl+M tan70 4F �� ^P�. iJ'PS' Aaf•C�(fi ✓Irk%/� /rl ✓19 t.�.�J fi �p/J%!— A Appendices Figure B.WI 50 Year 1 Ca 1 I a, l r a °' 9 YP ec ptalwn inches ..1 C \ ! m 1 1 9.03.15 Appendices .. i t �, F '•i s --• -,--'Ss:ii%iPv�£'Q=S��:o'o'=+S?>iL-'p off_. -� .�^. �/aSht'G Wrap ,1. i;.:tea ���: �,�;•: S� L�•.:f'nn1 X�' f,' S.'4L �'` S' .S/ ppnq ,f.:i o.n Jv� dy� cldJr �j s' L•sny 1.� 44. *74297gB _s£'t + lz'otsb a -.n10 Shl.O = l ;r�noShZ'� "-- ' �7J llw nO din} �' i�l �;��N Jn+nffm i ��-.n�o �z'•p Z jo0$l Xr.,la9/',g = as,�•TS �+�1,✓,�35' ..-- U,>I J 4 PT 1n dwr ��j Olt /. r Z% > ;91 Ch;' �i >'i // ?'• 0 1l97_:��.!r i — -, . ,._yZ �^ C•,. `pia • TRANSMISSION VERIFICATION REPORT TIME : 10/05/2004 10:10 NAME : NO DENR DLR FAX : 9197158801 TEL : 9197333833 SER.® : xx=xxxxxxxx DATE,TIME 10/05 10009 FAX PD./NAME 97166766 DURATION 00:00:46 PAGE(S) 03 RESLLT OK MODE STANDARD ECM *A� NCDENR North Carolina Department of Environment & Natural Resources Division of Land Resources— Land Quality Section 1612 Mail Service Center, Raleigh, NC 27699-1612 Phone (919) 733-4574 Fax (919) 733.2876 Facsimile Date: /0' S' O W TO: Phone No: Fax No: /4 P/` 6%L L FROM: 1 %` Extension: COMMENTS: Tt4 41e.S�— /e✓ ► You should be receiving X page(s) including cover sheet. Ifyou do not receive all pages, please contact sender. ARA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary September 1, 2004 Certified Mail Return Receipt Requested Mr. Chris Lucian Jordan Tri County Paving, Inc. 7002 3150 0002 7053 4558 PO Box 863 West Jefferson, North Carolina 28694 RE: West Jefferson Quarry Ashe County New River Basin Dear Mr. Jordan: We have reviewed the additional information your company submitted for the above referenced mine site. However, the following information is needed to continue processing your application for the above referenced mine site. Provide this office with supporting calculations and construction details for the sediment pond and spillway system capacity based upon the 25 year, 24 four storm event. h 2. Indicate on the mine map where mining activities will begin, how they will advance and how storm water runoff from exposed areas (particularly along the northern section of the site) will be directed to the sediment basin. 3. As discussed with you by telephone, this office is proposing to condition the - mining permit such that mining or processing related activities shall not be allowed on weekend and holidays because of the mine site's close proximity to Mount Jefferson State Park. 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 to my attention at the following address: 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street Raleigh, North Carolina, 27604 An Equal Oppormniq 1Aelrmadve Action Employe-50%Recycled 11o%Post consumer Paper Certified Mail Mr. Jordan Page 2 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. Sincerely, J dievehner Assistant State Mining Specialist Land Quality Section cc: Mr. Matt Gantt, PE Mr. James Izzell, PG — PO Box 429, Garner, NC 27529 1. Provide this office with calculations and details for the sediment pond and spillway systelm�-based upon he 25 year, — 24 hour$,storm event A Atli 2. Indicate on the mine map where mining activities will begins and how stormwater runoff from exposed areas, particularly along the northern section of the sit 5 will be directed to the sediment basin. 3. As discussed with you by telephone, this office is proposing to condition the mining permit such that blas. ' ties will not be allowed on weekends;K holidays. IJ ° n�,.;--.'� r-4ee&,2 North Carolina Department of Cultural Resources State Historic preservation Office Peter B. Sendbeck, Adminisuat,, Michael F. Earley, Governor LisbeN C. Evens, Secretary Jeffm J. Crow, Deputy Secretes' August 23, 2004 MEMORANDUM TO: Floyd Williams Land Quality Section Division of Land Resources, DENR Office of Archives and History Division of Historical Resources David Brook, Director z FROM: Peter B. SandbeckP��}'�flEt� SUBJECT: Application for Nfimm g enot West Jefferson Quarty, Ashe County, ER 04-0514 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 sires which may be eligible for listing 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 requite 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, contact Renee Gledhill -Earley, envitontnental review coordinator, at 919/733-4763. PBS:w ADMINISTRATION 507 N. Blount seven, Rakish NC 4619 Mail Service center. Units NC 2769 617 JOUIYIRATION 515 N. Minor Serves, Raleigh NC 4617 Mail service Coster, Raleigh NC 2e6991617 SURVEY&PLAWNG 515 N. stories sleet. Rekiph, NC 017 Mvi service cover, Raleigh NC 25699A60 MapQuest: Maps: map • Page I of I 4 a it �•v *w `. Mat seal BNo It MAPS woe5nofa Home I Help I Settings I Mobile I Toolbar vt:uow naa[s. s�i 585 Waughtown St Winston Salem, NC 27107-2275, US Hotel Offers - Flight Deals i Street Map = Prin I -Mail I Download to PDA I New Map Get Directions To IF Above Locatlon( Search for a Business Address or Intersection 'Business Name or Category City St�ate/Prov, State'Address CI 585 Waughtown: Winston S€ NC Get D,IredtlonsI MdpQuesC:Search` All riots reserved use Subiect to ucense/Coovril I Map tn9£4 NAVTEO This map is Infmmatlonal only. No representation Is made or warranty given as to it content. User assumes all risk of use. MapQuest and Its suppliers assume no responsibility, for any loss or delay resulting from such use. More Web Sites at (Wks Man In in Visit Hotels, Crt and breakfasts, resorts, Vacatioi Drive New cars, Car rental Fly Alrlines, Loy Last-minute Fllah flights Stay Homes for: for ren , Real es Realtors Mlsc lobs, Pets, Refinance, Insul Loans, Credit ch search, Business Site Index I AboutI Partners I Advertise I Privacy policy & Legal Notices ® 2004 MapQuest.com, Inc. All rights I http://w .mapquest.com/maps/map.adp?comtry=US&co=tryid=US&addtohistory=&se... 8/25/2004 M --- r W (*rw tr?:L,' 2 ,a - - - s7----- -'�--- - � --- --- _—y_e'.�s�Gl,o NCI V/ �^�"''�� _ O/�q�..�..".�'�,�y..pyD�� 'Y'i'!i"�i �+�Y✓,�'1� �r�/i/� ._— WA - i f y#F t. eY''q.Z i. \ ti�`' d & •'�'.:.: -ice^ x& a 9 0 40 tri-county mine plan review-ashe co. 40 0 Subject: tri-county mine plan review-ashe co. From: Scott Sink <Scott.Sink@ncmail.net> Date: Thu, 05 Aug 2004 15:46:22 -0400 To: Judy Wehner <Judy.Wehner@ncmail.net> Judy, After looking over the plan for the Tri-County Paving Mine plan in ashe co. L have come up with the following comments: - Apperars additional measures are needed in the NE corner of the site. Need sequence and measures for pond spillway cnonnection to existing storm. Need calcs. and details for pond and pond spillway system (riser system). - Clarify flow direction (contours) around pond area. Thanks, Scott Scott Sink NC DENR Winston-Salem Regional Office Division of Land Resources, Land Quality Section 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4608 ext 239 FAX: (336) 771-4631 1 of 8/5/2004 5:04 PM 0 6 MINING CHECKLIST FOR ROUTING Applicant's Name: YA Project Name: _�0/A} Y 0. Applic./Permit No.: _County: _ Date Received:�ry Reviewer. ✓ River basin Name: J�iQew ❑ Renewal ❑ Modification (inside permit boundaries) f❑ Modification (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release ,kIG&Iltional Information ❑ Fee Needed: $ ❑ Fee Received: $ Plea',se1 �rou1t�e entire appli a ion p»�ge to• d" t�/f.%/1I1� �R Regional Office (2 complete copies: attach the "LQ5 Regional Office Mining Application Review Checklist" to one copy and attach both the DWQ and DAQ "Mining Application Review Form" to the other copy; send both cop. s the gCgional Engineer) Date: Routed G L e ec'd ❑ Division of Water Resources Date: Routed Rec'd NC Wildlife Resources Commission Date: Routed Reed _ ❑ US Fish & Wildlife Service Date: Routed Rec'd _ (Only new applicat.ona and modificat.on requests that add land tothe permit) Please route Hrst 3 pacm of the appilcation and any location mapgs to, ❑ Division of Parks & Recreation Date: Routed Rec'd _ ❑ NC Geological Survey Section Datc: Routed Rec'd _ (Only new applications and mcdificat.on requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd _ (Only new applications) ❑ Other: Date: Routed Rec'd **5uoperige Date for Cornmento: �_30 (no later than 25 days from receipt) ❑ Please note the following: 13© 0 9 G tin �-r,�>✓' "o-�,�i/ ��-^rgw�. -�,-�,ryyP�-�a..(� 0�"1 ov 9v gar � •°� � /79 • %�X G%�`Ir,� .P�'�"�'`"'° � f '� �1�'j� � � ru-`k. Rr.•-- .:s-l�<.. �' 67 tip .ate v� G� a Subject: Tri County Paving Mining Application; Review comments From: Tim Garrett <Tim.Garrett@ncmail.net> Date: Fri, 14 May 2004 13:01:17 -0400 To: Floyd Williams <Floyd.Williams@ncmail.nct> CC: Judy Wehner<fudy.Wehner@nemail.net>, "Kristin.Moyle" <Kristin.Moyle@ncmail.net>, Matt Gantt <Matt.Gantt@ncmail.net> Floyd, After reviewing the additional information provided, I have the following comments; 1. Existing and proposed elevations are needed_ There are no existing elevations provided in the area near the proposed sediment pit to show that positive drainage can be obtained from the far northeast corner of the pit to the proposed sediment basin. In addition, there are no proposed elevations provided for the excavated pit floor to show exactly haw they are going to get water to run uphill into the sediment trap. 2. There needs to be adequate erosion and sediment control devices below the proposed excavation in the northeast area of the pit. 3. There are still no measures shown at the top of the high wall on the western side of the property. In the existing mining area, there has been a problem of water cascading over the high wall. This has caused extensive head cutting resulting in property damage to the Myrtle Brown property. So much damage that Tri County has purchased additional land to accommodate a buffer between the two properties. since our visit to the site last year, an enormous amount of overburden has cascaded down the face of the cut slope. This problem needs to be addressed not only during mining activities but also as a reclamation problem. 4. Please have them show the amount of acreage in the existing mining area ( map states there will be no further excavation in this area). 5. Please provide detail on the construction of the berm surrounding the sediment basin. I am assuming that the existing asphalt will be cut, then a berm will be constructed. Adequate sediment control will be needed to prevent the soil berm from washing across the pavement and into the storm drain ( keep in mind that Little Buffalo Creek is classified as Trout waters). In addition, material will be moved across this site, across.the scales(not shown). Adequate inlet protection should he provided on each drop inlet discharging into Little Buffalo Creek. 6. I see no areas showing stockpiles or processing area. The response letter and application give me the impression that all I oft 5/14/2004 1:16 PM 0 0 Fri County Paving Mining Application; Review comments • • processing and stockpiling of material will be done within the pit area. Where will overburden be stockpiled while rock excavation ana processing is being performed? The area shown as asphalt paving operation area will be used for transporting, weighing and moving material. The only asphalt paving operation being performed on this site is parking of equipment, unless they are planning to move stockpiles of crushed rock onto the paved area and then claim that this is an asphalt operation and therefore out of the permit requirements. The settlement agreement resulting from the enforcement action stated that areas would be delineated showing the separation of the paving operations and the mining operations. This has not taken place. In fact, they have shown the entire site as permitted area. I recall the main reason for dropping the civil penalty was based on not being able to back my claim that the entire site was being used for mining purposes. Now we get a mine map that clearly shows that I was correct in my measurements and statements that the entire was being used for mining. I feel that we should collect the entire civil penalty. Tim Garrett NC DENR Winston-Salem Regional Office Division of Land Resources, Land Quality Section 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4608 ext 234 FAX: (336) 771-4631 2 of 2 5/ 1412004 L 16 PM CAROLINA GEOLOGICAL SERVICES, INC. .tune 30, 2004 F RLCEMD Mr. Floyd Williams, PG !UL 06 2004 NCDENR, Land Quality Section 1612 Mail Service Center LANDQUALITY SECTION Raleigh, NC 27699-1612 Subject: Tri-County Paving, Inc., West Jefferson Quarry, Ashe County Quarry Dear Mr. Williams; I am writing on behalf of Mr. Chris Lucian Jordan of Tri County Paving in response to your letter of June 14, 2004. In that letter you requested additional information in 13 areas of concern relating to the pending application for Mining Permit. In response to your request, I have updated the Site Map and provided an additional Reclamation Map. I have also provided additional details as required in this letter, which is arranged in the same order as your letter; 1. The site map has been updated to reflect the 10 foot contour of the existing site conditions.A separate reclamation map has also been provided with IO foot contours. Please note that there will not actually be a "pit" left after mining is completed. The mine plan calls for the existing hill to be taken down to the same elevation as the current paved area. However, the existing excavated area is approximately 10 feet below this grade, and will be used as a sediment basin. This will remain after mining is completed. 2. All buildings within 500 feet have been added to the Site Map, as close as possible with scale limitations. 3. A detail of a barbed wire fence has been added 4. The northeast comer of the mining area will be the last area to be mined. All runoff from the entire mining area is shown to remain internal and flow into the sediment basin by gravity. Therefore, the sediment and erosion control features will be well established by the time this area is disturbed. As an extra precaution, a silt fence has been added at the base of this slope outside the disturbed area to further assure that no sediment will leave the site. 5. A chain -link fence location has been added to the site map and the reclamation map, and a detail has also been added. 6. As previously discussed with Judy Wenner of your office, the present erosion at the top of the existing excavation will be repaired as soon as the Mining Permit is approved. P.O. Box 429, GARNER, NC 27529 (919)7790017 FAX: (919)779-7227 OFFICES AT 10 1 WEST MAIN STREET, GARNER, NC Land Quality Section Page 2 The applicant has purchased additional property in order to properly slope and stabilize this area. The 2:1 slope and vegetation will prevent further erosion. Please note that the top of the final cut will be very close to the top of the existing hillside, so there should not be a great deal of runoff entering the top of the excavation. 7. As mentioned above and discussed in detail with Judy Weimer, the top of the excavation parallels the top of the existing hill, and therefore the mining area encompasses nearly the entire drainage area. This has been shown in the cross-section on the Site Map. 8. After further review of the site design, the sediment basin has been moved into the existing excavation. The dimension of the basin has not changed from the original submittal, but the new location within the existing excavation makes it easier to allow runoffto stay within the disturbed area. It also is much easier to convey the discharge through a barrel and riser into the existing drop inlet. This is shown on the site map with associated details. The quantity of runnoff (Q value) is the same as previously submitted. The size of the barrel and riser assembly is taken from the North C mli a Sediment and Erosion Control Planning and =ion Manuel section 8.07. The trapping efficiency still exceeds the requirement. 9. See above. 10. See above. 11. A chart detailing mining activities has been added to the Site Map. 12. A Tax Map is included with this letter. 13. A Reclamation Map has been prepared. It is hoped that this additional information will be sufficient for your office to complete its review of this application. The applicant is anxious to begin work as soon as possible repairing the erosion that you refer to in your letter. If you have any additional questions, please call me as quickly as possible so we can complete this process in a timely mariner. Sincerer;} p , lames C. Izze11, Jr., PG enclosures J� 1 19223-001-681 Tri County Paving 19223-413 Tri County Paving 19223-250 Tri County Paving 19223-001-709 Ashe County Rescue 19223-191 Bill Faw 19223-401 Northwest Landscaping 19223-400 Northwest Landscaping 19223.279 Northwest Landscaping 19223-256 Johnnie Sullivan 19223-190 Johnnie Sullivan 19223-187 Johnnie Sullivan 19223-001-679 Myrtle Brown 18 41111409 40023,4113 1932� 2d9 0 0 • • ": 295 o0E MF1Fn5 36 i ,. �� �,' � r f� � lei% J/ I �'\`;r. i � ��aY � • • T�' • ���� • � �"`� �`k� / (f I �r �� 1 �• A .1i11 i � A� �iF--r- I. /'-c' 1 '� ka ,lit ,• I I II , I r_ Ill Ik, / •�I J\ �il r. ��\��1�1��/�—\`�����I �/�f lm� ��lh��`1 ��������u r�l�� 1I IPik +eb Ilk I r �0�� l I 1�. / IIS. Ill ��il �J I)S I� It 0 ,, 1 c�'].d9- ...� ,,1� v ✓ Ilk, zlt �.L y r� it trl- 1 t` �/ I I r 1 Y -- a _.•' BERYor V_rCd ab h _ ` . ` �I \,o p ; I gG L a'aroe �.-J� ) i '_Jl• ) \_I� fi � T-1 38°22'30'- BI°h0 63 6 Produced by the United States Geological Survey lekeemIN'Tend other sources. 1964. sPlonieve ry derived from Imagery of L968 rvey eom of current as Iorth Amerlaacrimd Datum of 1983,NAD 11 Projection and 2 500 meter HcLs: North Carrorlina Coordinate Syitem of 1983 North American Datum of 1929(NAD 27) In drawn by dashed Omer Ocks. The vdltes of the drift between NAD 83 and NAD 27 for T.S-minute intersection are obtainable from National Gendetic Survey NADCON software There may be private [nholdiran the boundaries of the National or Slnte reaervetlo awn on this map Land mmk bulldinge ver ad 1968 Mx ON eu• late";emus UTM GRID AM 1999 MA 0Ners NOUN oECURATION AT CENTER AS SHEET At ao so SCALE tus, IDm 'ul I os 18 moo n moo — am mo no R CONTOUBINT NATIONAL GEODtor yi TOCON RTFROMPEk TO OrwTHIS MAPCOMP WNH NATOI i MMsa°wneoneen FOR SATE BY U.S. GEOLOGICAL SURVEY.I A r1>UXuR DESCRIBING TOYOGHAhHIC MAP! • .I J r' 30' aw. V4 1 AL I P8110 29 0.00" 1° 280.0(r _ Ng z eUport3metht�'C,J l �•. h J" r /1`"( Al — i 1/ s V 1 F71 I . � L, gyp,v rAAA\u� :... Jul, _�y�j+" f rye h1 eA c. trJ _ t 446, ... ,� i43 k ' z n,IL yi vim•. Lf i. v - F `c!# .t'•WOspt.� f f@fSp Sil �G 1 IL �. Jaffe a i<` >L F. 0ep 9�1 1Iq u A. 741 V�` J _ nil � \ • 0 •' n. .. • .'G III— - t „ :•rr v + �; o _ — en .Beazer .n� .+ v -. .y a Cruk r 30.0.00^ r za' 0.0D' 6r za' 0.a0^ Name: JEFFERSON Lacabon: 006' 24' 16.9" N 081° 28' 66.8" W Date: 619;2DD4 Scale: t inch equals 2000 feet 0 • NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist June 14,2004 Certified Mail Return Receipt Reguested 7002 3150 0003 7051 6134 r. Uffns ucia TO County Paving, Inc. PO Box 803 West Jefferson, North Carolina 28694 RE: mWest .Jefferson Quarry, , Ashe-County New River Basin Dear Mr. Jordan: Michael F. Easley, Governor William G. Ross Jr., Secretary We have reviewed the additional information and application your company submitted for the above referenced mine site. However, the following information is needed to continue processing your application: 1. Provide 5 foot or less contour intervals for existing conditions on the mine map and 5 foot or less contours on a separate reclamation map for final conditions along with existing pit bottom elevation on the mine map and final pit bottom elevations on reclamation map. 2. Locate on the mine map any houses or buildings that may be occupied from time to time that are within 500 feet of the mine permit boundary. 3. Provide a construction detail of the barbed wire barricade. 4. Indicate the location of erosion and sediment control measures along with details in the northeast corner of the site that will be needed during the initial land disturbing activities in this area. 5. Show the location and provide a detail of a permanent chain link fence around the perimeter of any final highwalis. (See fence detail in Mining Manual.) This Fence must be provided along any highwalls that are over 10 foot in height for final reclamation. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 r 919-73346741 PAX: 919-733-2576 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal OpportunitylAlfirmalive Action Employer-50% Recycled 110%Post Consumer Paper • of Certified Mail Mr. Jordan Page 2 6. Provide information on erosion and sediment control measures along with details of what will be utilized to prevent further erosion along the highwall in the northwest section of the existing excavation area. Also, for final reclamation purposes, how will this drainage area be protected against eroding? Please identify on revised map the extent of the drainage area and address the erosion and sediment control issue 7. The calculations for the sediment basintrock dam indicate six acres of drainage area. Provide information to this office showing actual drainage area, (Make sure to check for areas outside of the permit limit that possibly drain into it.) B. What are the actual dimensions of the proposed weir section of the rock dam and the rock dam itself? Please provide this information. 9. Provide elevations of the basin bottom, basin sides, invert of the weir section and height of weir of the rock dam along with elevations of the top of the storm drain that the rock dam discharges into and flow capacity of the storm drain cover. 10. Provide details of the transition from the rock check dam to the storm drain inlet. 11. Show on the mine map how mining activities will progress. 12. Provide this office with an actual tax map showing parcel numbers and owner names of all properties where adjoining landowners must be notified according to GS 74-50 b1 and U. 13. Provide this office with a final reclamation map, which indicates items, listed above in No. 1, 5 and B. The reclamation bond calculation worksheet submitted with the application has been verified. The reclamation bond for this site would be $26,200.00. 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 forth 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, Le:., Tri County Paving, Inc. 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: Cerfified Mail Mr. Jordan Page 3 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 Judy Wehner or me at (919) 7334574 if you have any questions. Sin rely, Flo R. Williams, PG, CPG, CPESC State Mining Specialist Land Quality Section Enclosures co: Mr. Matt Gantt, PE Mr. James Igell, PG — PO Box 429, Gamer, NC 27529 0 0 bounty Paving Mining Application; Review comments • • Subject: Tri County Paving Mining Application; Review comments From: Tim Garrett <Tim.Garrett@ncmail.net> Date: Fri, 14 May 2004 13:01:17 -0400 To: Floyd Williams<Floyd.Williams@ncmaii.nev CC: Judy Wenner Qudy.Wehner@ncmail.net>, "Kristin.Moyle" <Kristin.Moyle@ncmail.nety, Matt Gantt <Matt.Gantt@ncmail.net> Floyd, After reviewing the additional information provided, I have the following comments; 1. Existing and proposed elevations are needed. There are no existing elevations provided in the area near the proposed sediment pit to show that positive drainage can be obtained from the far northeast corner of the pit to the proposed sediment basin. In addition, there are no proposed elevations provided for the excavated pit floor to show exactly how they are going to get water to run uphill into the sediment trap. 2. There needs to be adequate erosion and sediment control devices below the proposed excavation in the northeast area of the pit. 3. There are still no measures shown at the top of the high wall on the western side of the property. In the existing mining area, there has been a problem of water cascading over the high wall. This has caused extensive head cutting resulting in property damage to the Myrtle Brown property. So much damage that Tri County has purchased additional land to accommodate a buffer between the two properties. Since our visit to the site last year, an enormous amount of overburden has cascaded down the face of the cut slope. This problem needs to be addressed not only during mining activities but also as a reclamation problem. 4. Please have them show the amount of acreage in the existing mining area ( map states there will be no further excavation in this area). 5. Please provide detail on the construction of the berm surrounding the sediment basin. I am assuming that the existing asphalt will be cut, then a berm will be constructed. Adequate sediment control will be needed to prevent the soil berm from washing across the pavement and into the storm drain ( keep in mind that Little Buffalo Creek is classified as Trout waters). In addition, material will be moved across this site, across.the scales(not shown). Adequate inlet protection should be provided on each drop inlet discharging into Little Buffalo Creek. 6. I see no areas showing stockpiles or processing area. The response letter and application give me the impression that all 1 of2 5/14/2004 1:16 PM 0 0 Tri County Paving Mining Application; Review comments • • processing and stockpiling of material will be done within the pit area. Where will overburden be stockpiled while rock excavation and processing is being performed? The area shown as asphalt paving operation area will be used for transporting, weighing and moving material. The only asphalt paving operation being performed on this site is parking of equipment, unless they'are planning to move stockpiles of crushed rock onto the paved area and then claim that this is an asphalt operation and therefore out of the -permit requirements. The settlement agreement resulting from the enforcement action stated that areas would be delineated showing the separation of the paving operations and the mining operations. This has not taken place. In fact, they have shown the entire site as permitted area. I recall the main reason for dropping the civil penalty was based on not being able to back my claim that the entire site was being used for mining purposes. Now we get a mine map that clearly shows that I was correct in my measurements and statements that the entire was being used for mining. I feel that we should collect the entire civil penalty. Tim Garrett NC DENR Winston-Salem Regional Office Division of Land Resources, Land Quality Section 585 Waughtown Street Winston-Salem, NC 27107 voice: (336) 771-4608 ext 234 FAX: (336) 771-4631 2 of 2 5/14/2004 1:16 PM MINING CHECKLIST FOR ROUTING Applicant's Name:Name: i oq*. a4l 5 a} Applic./Permit No.: _County: _ Date Received: y D (' e Reviewer: River Basin Name:41zo s ew ❑ Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑Transfer ❑Release ❑ Partial Release ',P<dltlonal Information ❑ Fee Needed: $ ❑ Fee Received: $ %gional Office (g 2�complete copies; attach the "LQS Regional oe Office Mining Application Review Checklist" to one copy and attach bath the DWQ and DAQ "Mining Application Review Form" to the other copy; send both copies to the ma[ Engineer) Date: Routed D D c'd ❑ Division of Water Resources Date: Routed Rec'd ❑ NC Wildlife Resources Commission Date: Routed Rec'd ❑ U5 Fish & Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) - Please route first 3 pages of the application and any location maps to• ❑ Division of Parks & Recreation Date: Routed Rec'd ❑ NG Geological Survey 5ection Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) . ❑Other. Date: Routed Rec'd "5u5peYl5e Date for CoiTlmlel1t5: ' 1 O (no later than 25 days from receipt) Please note the following: IAJA • CAROLINA GEOLOGICAL SERVICES, INC. April 12, 2004 Ms. Judith Weimer Land Quality Section Div. of Land Resources, NCDENR 1612 Mail Service Center Raleigh, NC 27699-1612 Subject: Pending Mining Permit Application, West Jefferson Quarry, Ashe County Tri County Paving, Inc. Dear Ms. Wehner On behalf of Mr. Chris Lucian Jordan, I am writing in response to your letter of March 12, in which you requested additional information on the above referenced Mining Permit Application. I trust that the following information will be sufficient for you to complete the processing of this application. In addition to the information contained within this letter, I have also enclosed a revised site plan with the additional information as requested. I have responded to each item in your letter in the same order. 1. There is one additional drop inlet on this property, and I have included it on the site map. However, please note that this inlet does not carry any runnoff from the affected area of this mine plan. This is the reason it was not previously shown. Also, the general location of Little Buffalo Creek has been added to the site map: Please note that this creek is in a buried culvert under the property, but this also lies outside of the affected area. The site topographic information was included in the original site map. It appears that some copies of the map may have been printed too light to show it, so a darker printing is being provided. 2. The adjoining property owner list was mistakenly omitted from the original application package. It is being provided along with copies of the mailing receipts from the certified mailings. 3. Please find attached to this letter the necessary calculations for the rock data. The volume is nearly 5 times that required, and the spillway was designed for the 50 year event. The settling efficiency is also exceeds requirements. Please note that the excavation extends neatly to the top of the top of the existing slope on the north side, therefore the slope drain will not be necessary. P.O. Box 429. GARNER, NC 27529 (919)779-0017 FAX: (91 9)779-7227 OFFICES AT 101 WEST MAIN STREET, GARNER. NC NCDENR Land Quality Page 2 4. Please note in the reclamation narrative and the projected cross sections that the mine plan calls for the bottom of the mining area to be nearly level with the existing site. Therefore, all runoff from the mining area will flow into the pond by gravity. Even though the site for the projected pond is currently paved, the construction details indicate that this area will be excavated for sediment storage and construction of the rock dam. If you have any further questions or concerns, please contact me. Sincerely James Izzell, Jr., PG enclosures Adjoining Property Owners West Jefferson Quarry Tri County Paving Co. Ashe County Rescue Squad Attn: Captain Tim Winters 508 Mountain Ave. West Jefferson, NC 28694 Johnnie Sullivan 2253-C Mt. Jefferson Rd. West Jefferson, NC 28694 Myrtle Brown Estate c/o Stuart McRimmon 112 Eagle Ridge Rd. West Jefferson, NC 28694 Bill Faw 330 Wade E. Vannoy Rd. West Jefferson, NC 28694 Northwest Landscaping 445 Wade E. Vannoy Rd. West Jefferson, NC 28694 NC Dept. of Transportation District Engineers Office P.O. Box 250 North Wilkesboro, NC 28659 ■ Complete items 1, 2, and 3. Also complete 0. e / I hem 4 It Restricted Delivery,15 desired, nt ■ Pant your name and address On the revels X O Addessee so that we can retum the card to you. a. q(Prhbd 1C. octantrasi k f ! i Attach mla card to the bacthe mailplece, i ar on Me front If space pen. is 1. Allele AtldreP9etl to: D. IFYKeyedcleliv OI YEs, wneraalhMeea Or"' n } b/Rt a 5 ` 3. /♦/. %/e IILdS'd( AIC� ID'ooalnra Mall oE..are® RB I a�1i55 Pegieered ❑ Return Recelmfor Merctxrralse4' ❑ Ineume Mall 30.01). 1 4. PealdtlM Odharyl llJrtra Feel - ❑ Yac . 2 AdkM Nwnbw malsrerfromeeMce,lg¢ep.,. �oa3r d.Z, aiPo BBaS :,l9a3 . !r�{40; Pa Form 3811. O17s120D1 ' I"r domexk PatuinR pt 'r l t 10 1020502 .meo. 1 r • Complete Items 1, 2, and 3. Also complete A �a� Item 41f Restricted Delivery Is desired. •r� ❑ Aden r'`• ■ PrlMycur name and addreas On the reverse ❑ Addressee:. So that we den retum the card to you. ,mgae VIMy(ft�MG Dm W DeAwryj: E Attach this card to the back of the mWlplece, or on the from R apace permits. 1. Allele Pddearetl m: - .Is &Ihmy acki aReent be hem 14 Cl yea %kyeLfgAWAOryfoelow. ❑ elo NC IDgANz 1]F'UJ p-.eGkot.�cJ � �andQua4k�. ' gzw,,;raAfc. 3. sa io&7i pa r/ 13 CedMed Melt 13 nq;xme Mall - �a/�r ❑ Rephtered ❑ ReumRewlPtfar.Merchentlbe'; ❑ Insured Mae 0 C.O.D. -/G / a Reewcted Dallvwy? 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Phnt your name and address on the'nverim 60 Met We M ntum hn can] b you. 4(/[/.(yj�.cq drvmm ■ Attach thle card to Me back of the mallPlsce, B. Recalwd by (PrNferl O. Dam M �allwi or on the front B apace permlte. ��' l 1, ANMa Atltlresndto: D. somMyetlmw tlMaenlfmm Mtn, ti OYea l kYE6, erMrtlellwry atld'em baMv: ONO /50 G�i/iLCGtUK/�ri L�cttltJ a. re l Mel t$CcatlAac t o Fes, Mvl 'tl I ftemend OReNn RecNpiryr MenhanEb V !/fY� Ql DfOYT/ a RnWCGE DS%W lfia¢ yw Qya 'i P. Mticb Number, 4erNb MwnmNamaeo '7do3 .a atao 0005 l90 3 61h3 9 I PB Farm 3t311, N.gu6f 20W r l Dom'ecao pedrh'RxNpr't 1 ■ Complete horns 1, 2, and 3. Ales complete Ilan 41f Heatrlcted Delivery Is deMred. ■ Prlm your name and address on the revelee do that we can ratum the card to you. If Attach Mls card to the hack of the maplace, or on the front It space permits. 1. MHcla Pddrauad bK eJ oSfllpA� y�.,rnvz/x.> ■ Complete Items 1, 2, and 3. Abo complete Men 4 tl Restricted Dalivety la desired. is Pdnt your name and address On the nverae w that we con return the card bo you. • Attach Mis card to the beck of the mallplece, or on Me front n space pennfta t. A,ual.Aeerewea m:. Y✓{st D. bdellwryetlmwe dflfeiemhcm hem l? NO O h YES, enbdePxy edtlreu below: No' l pd'Dnanea o Man Repbmrecl d O Mum um Recalln ror MMarch,O � Imunfd Mall ❑ C.O.D. 4. ReaaldaO ONNer/!(prpa Fed 0Yea A 9ynewre X D Ayerd. q Atld & Reoelvad by (amend Nan) C. Dam of none` b1—)IU ` D. mamNeryem,eaa alnaer,tkpm hers tY 13 m 3% Ifl'BS,entsrdellveryad�. ONO :T Mall ❑ IXpnae kleh Pgia retl OILNm Hacelpifm Mnpie O insumo Men O O.O.D. z ANde Number Reatrkmd Denverg 43sa reel qY N I S o OFFICIAL U, 7 .-1 QC®I�Fs ).�3 "1.W _C ~C V z 10go m .n .T o OFFICIAL US u- ' • .37 we 10 ti � .�.. 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"'W 7 �J ios �mKt ?uva) 0i'0 =� 7!? =0 san�v : vsuq N7is3Q wvCrpo�L z1a± S NolA.Ann-7-iv0 �+zlztb`na Nosu33(' ,SAM MINING PERMIT RECEIVED MAR 1 5 2004 "Due Date -for Comments Back to Land Quality Section:" Will the operation, as proposed, violate Comments:_ :�..ti� •..�tiv+--� NCAC a4 v1oZ Air permit required Air permit existing APPLICATION R • � REVIEW FORM p roEp far DIVISION Of AIR QUALITY ftC pa��LRJq MAR Qy Wlnaton. ' Ranynal oillce� l of air quality? NNo _' (Permit N_2 08ESS120! ��-Olt Reviewed b silo/'i------- Date: Print Name: ` `1 MPR 15 2004 MINING PERMIT APPLICATION REVIEW FORM for n DIVISION OF WA. THY? QUALITY Project: t +t= L` /k/ld-5jiloru a Caunry: • •Due Cate for Comments Back to land Cuality Section: Will the operation, as proposed, violate standards of Nater quaky? 'Platers hed/Stream Name & Y'c5 NO NPDES permit required NC6020000 NPDES permit existing _ (Permit Nondlscharge permit required Ncndischarge permit existing _ (Permit Wetlands disturbed 401 Wetland Cert. required — 401 Wetland CeG. existing _ (Permit Reviewed by:Cate:-�Y-,OY _ Print Name: G&QLJZ t'o ci_ co United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Strcct Asheville, North Carolina 28801 March 11, 2004 Ms. Brenda M. Harris Mining Program Secretary Land Quality Section North Carolina Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Dear Ms. Harris: Subject: Mining Permit Application for Tri-County Paving, Inc., West Jefferson Quarry, Ashe County, North Carolina We received your letter dated February 17, 2004, regarding the subject project. The following comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e), and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543). According to the information provided, the applicant is proposing to mine crushed stone and dirt on an approximately 7-acre tract. Mining will be accomplished with the use of a front-end loader and truck to an average depth of 80 feet. The site contains no wetlands or streams. The revegetation plan provided with the permit application does not include any native plants. While many of the exotic plant species typically used in reclamation efforts have proven beneficial to some wildlife species, we now know that the invasive nature of these species outweighs any short-term wildlife benefits they may provide. Exotic species, including sericea and Korean lespedeza (both from east Asia), Kentucky bluegrass (a Eurasian species), and tall fescue (a European species), choke out native vegetation and often result in monocultures that prove to be of little benefit to wildlife and can be very detrimental to the ecosystem as a whole. We strongly recommend that only native plant species be used or, if an adequate seed source cannot be found, that noninvasive species (such as annual rye) be used until native plants can reestablish themselves. f,. 0 0 Thank you for allowing us to provide these comments. If we can be of assistance or if you have any questions, please do not hesitate to contact Mr. Allen Ratzlaff of our staff at 828/258-3939, Ext. 229. In any future correspondence concerning this project, please reference our Log Number 4-2-04-137. Sincerely, i�"'\r-t4� Brian P. Cole Field Supervisor NCDENR Fn=reived 23 200i North Carolina Department of Environment and Natural Resource§EB Division of Land Resources ko 0�4F4o of Land Quality Section James D. Simons, P.G., P.E. February 17, 2004 Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary MEMORANDUM DPC DMM. MAD GEP TO: Dr. Brian P. Cole RSD CTARa Application Review Coordinator MAC CLW U.S. Fish and Wildlife Service RRC NC JAF PH FROM: Brenda M. Harris &at` ALG LR Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Tri County Paving, Inc West Jefferson Quarry Ashe 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 adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by March 8, 2004 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 Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Matt Gantt 1612 Mail Service Center, Raleigh, North Carolina 27699.1612 •919-73345741 FAX 919-733.2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal opportunity I Aflinative Arlon Empoyer-50%Recycled 110%Post consumer Paper 6 • `iff m • ©' • NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist March 12, 2004 William G. Ross Jr., Secretary Certified Mail Return Receipt Requested - Mr. Chris Lucian Jordan Tit County Paving, Inc. PO Box 863 West Jefferson. North Carolina 28694 RE: West Jefferson Quarry Ashe County New River Basin Dear Mr. Jordan: We have reviewed the application your company submitted for the above referenced mine site. However, the following information is needed to continue processing your application for the above referenced mine site. 00 Please indicate the location of all the drop inlets on the mine map. Provide a general location of Little Buffalo Creek. In addition, please provide topographic information on the mine map. 011e The Affidavit of Notification states a list of adjoining landowners is attached but no list has been provided. Provide the list for the affidavit. Provide supporting calculations for the rock dam. The structure must be designed with 1800 cubic feet of storage pert disturbed acre and provide 70% settling efficiency. In addition, spillways must be designed to pass a 25 year 24 hour stone event. You may wish to consider installing a properly designed fresh water diversion above the highwall to reduce the run off. 441Provide details on the removal of run off from the pit area. In addition, provide details on how you intend to construct a rock dam on the paved are. 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 to my attention at the following address: 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 z 919-733-45741 FAX: 919-733-2676 512 North Salisbury Street, Raleigh, North Carolina, 27$04 An Equal Opportunity 1 Affimalive Action Employer -50%Recycled 110 % Post Consumer Paper Certified Mail • Mr. Jordan Page 2 Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 5B.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, J Judith A. Wehner Assistant State Mining Specialist Land Quality Section cc: Mr. Matt Gantt, PE Mr. James Izzell, PO Box 429, Garner, NC 27529 03-11-'04 06:53 EPON-N4R ASHEVILLE AO 9282516098 41 T-123 P05/10 U-146 NCGS Mine Permit Application Review-Checkaheet ApWlralo 10 0"7 1.09 Cmnpmm n"eetlan A"cle Pages ld of Mine PemnR Applimtlon Mine flame eat J6Renw Quarry Company Name r County Paving, Inc. Data Due LQ$ F 3J0f2064 Peimlt Typo: New Raw -Renewal Mumflcation - Trensfor' NC05 Complats This Section Community jams ed smrre GeocnmuaM no Wmment Nezercous caanH rurne Minerals T,0'Quad 6u6s1darrea MO Warrant 1JEFITRMN Latpeol n6 600 Long lDaccegl at.afiztao woe Smbiory m mrent fGeologicGeologicale 1. Maapp Unit Seiumc NnzarO recommitment Nydrogeulogy no commem Mar rwtavailaEk Geologic Map Unit Mineral oo Wmment Resources Lilholopy: unknown Flooddlain Doposte Commenm 1. AWgator Sack fmn. ampNbolife. Commenm (Corwd) Note: Seismic hazard value is the cook horizontal acceleration with a 10%cherice of eaeeedence In 00 yeera. Reference valuemfirmh mck.aamsl"WndMormmayvery. Source•14atlonelS019mViHetlaO Mace DpGYrramation, J"1090. U. S. Geological Survey OpernFle Report g6532 Thum), Record No� powiewerl V Camel 0/10/2004 RevleweR IRMW u CwnpNsb2 71011001 NCO$ Mine Review CNecRenea[-0aMOua Rov.2 11129100 �," MAR 1 1 2004 �� --- � ' �y �.x �..:� :.i:�: �n s .1..., ,:, n•.: M1:.� ..Y, aD�fe i�a" n NCCS Mine Review Checksneii base Rev. 1 10/16100 1 "D ))al Ll l n !" n fff 9� ; W • Y_ LL wpm MANY P� `E�� �tN,,Wft rL FFF Date: 0 Scale: 1 inch equals 2000 feet cmnene (c)iec . . Im NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine West Jefferson Ouarry County Ashe River Basin New Latitude (dd.mm.ss) 36-24-13.68 Longitude (dd.mm.ss) 81-28-53.49 2. Name of Applicant" I Tri County Pavine, Inc. 3. Permanent address for receipt of official mail** P.O. Box 863, West Jefferson, NC, 28694 Telephone 336-246-7244 4. Mine Office Address 6 1J O if 6(9 3 ljf 5 i �rro,J )U a -2 $ G gV Telephoner 33(R. JV(L-142 C/ 5. Mine Manager LkX:0-nt'Ao44%M '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 r2- a t/ Print Name -SOr A Title'�j'r'�- * 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 ap�1ication for apermit within 60 days ofreceipt of a com lete 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 aas needed. ,APPLI,CATION FOR A MINING PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to 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 Answer all of the following that apply: 1. a. 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 7ff a "new permit" fee will be based upon): 7.067 * Note: Some of this acreage includes areas. previously and currently used by the asphalt paving operations. Of this acreage, how much is owned and how much is leased? Acres owned: 7.067 Acres leased: Property owner if leased: b. 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): c. 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:_ 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 (disturbed, ground cover removed) by the mining operation? Yes No (ifno, a "minor modification" fee of $50.00 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): d. If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered y Me existing permit: Mining Permit No.: Total permitted acreage: ■ SEETHE 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: _ Crushed Stone IDirt 3. Mining method: Hydraulic Dredge Front-end Loader & Truck X Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain) -2- APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) 160 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) 80 feet 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? 1995 to present by a ficant 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 copies of a 7.5 minute quadrangle and a county highway map; These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5 minute quadrangles may be obtained from: N.C. Geological Survey NCDENR 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 715-9718 County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919) 733-7600 -3- Log in #: 318 DPR/RRS Mining Permit tArmitApplication Review RRS Contact: W v I I L Name of project: County: > 11S� Proposed activity is If yes, identify the park: Manager/agency name: (contact name): (phone-, fax ): (email): MAR 1 n. %, Z004 REc acPT. . W2•y918 CA 2EL Qnu'-T£Q NP Review conducted by:._..4 Date: �2 �p -. d is not _ within 5 miles of a public park or recreation nr�a I J-ST3�'r'4Lf�� b e�-P I< n� I a P.(Ze '1 r pya�K c3;�t;rvtlo \ �PRaPcucs). µC atJ of A�Z TowJ of LJIEFVcOuot Ad q�, �� in CEwts ttDfoz� `�w,J Nto2. 2a.(z.L 5�-�.bNc 6?t9-233-`tfl �3�V'-2Y6 PLEASE RETURN APPLICATION MATERIALS WITH YOUR REVIEWICOMMENTS. YOU CAN ALSO EMAIL YOUR COMMENTS TO: Nanev.Adams6knemail.aet THANKSI Return form and materials to: Nancy Adams DENRlDivision of Parks & Recreation 1615 MSC Raleigh, NC 27699-1615 7}r'yS7� l i4w (M "CIS 86�1 ly° lt'e'a (Please Print on COLOR Paper) r� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist MEMORANDUM February 17, 2004 TO: Mr. Phillip McKnelly, Director Division of Parks and Recreation FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Tri County Paving, Inc West Jefferson Quarry Ashe County Michael F. Easley, Governor William G. Ross Jr., Secretary 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 March 8, 2004 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. /bmh Attachments cc: Mr. Matt Gantt 1612 Mail Service Center, Raleigh, forth Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 1 t 0% Post Consumer Paper NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) L Name of Mine West Jefferson Guam County Ashe River Basin New Latitude (dd.mm.ss) 36-24-13.68 Longitude (dd.mm.ss) 81-28-53.49 2. Name of Applicant* Tri County Paving, Inc. 3. Permanent address for receipt of official mail'* P.O. Box 863, West Jefferson, NC, 28694 Telephone 336-246-7244 4. Mine Office Address nY 6(t3 Ifiltsi �grso,s Alf 2Soy { ff Telephone) 33(a) 9Vt. - 7l 4Sr 5. MineManager �l1f,a-nt --,\ordA� 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 . * j�a Date (0' a y Print Name 1 Jer Title 111'ef te5,deti� * 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 ordeny anapplication for aeermit within 60 days ofteceipt 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- APPLICATION FOR A MINING PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to 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 Answer all of the following that apply: 1. a. 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 a "new permit" fee will be based upon): 7.067 * Nate: Some of this acreage includes areaspreviously and currently used by the asphalt paving operations. Of this acreage, how much is owned and how much is leased? Acres owned: 7.067 Acres leased: Property owner if leased: b. 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): c. 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: 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 (disturbed, ground cover removed) by the mining operation? Yes No (if no, a "minor modification" fee of $50.00 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): d. 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: _ Crushed Stone/Dirt 3. Mining method: Hydraulic Dredge Front-end Loader & Truck X Shovel&Truck Dragline & Truck Self -loading Scraper Other (explain) -2- P, ' . • • APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) 160 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) 80 feet 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? 1995 to present by applicant 6. Number of years for which the permit is requested (10 years maximum): 10 B. MAPS L Clearly mark and label the location of your mining operation on six 6 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: N.C. Geological Survey NCDENR 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 715-97I8 County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919) 733-7600 -3- j : I ' psi* 3010.00" w Ah I Pet. 2e'10.00" W P81- 28'10.0V YW r,. >a _ ,�.�1¢ URI t � `'11' '�d 1 � • � � �I atlti4 ,;, WN 091' 30' 0.00" W [MV 29' 0.00" W I I I 081. 28' 090" W ' Name: JEFFERSON Location: 036' 24' 16.W N 081' 28' 55.P W Date: 2/16/2004 Scale: l inch equals 2000 feet C wnont (0) Mi. W000h. Inc Tri County Paving; West Jefferson Quarry Application, 0 • • Subject: Tri County Paving; West Jefferson Quarry Application, Permit #05-07 From: Tim Garrett <Tim.Garrett@ncmail.net> Date: Wed, 10 Mar 2004 09:55:50 -0500 To: Floyd Williams <Floyd.Williams@ncmail.net> CC: Judy Wehner <udy.Wehner@ncmail.net>, "Kristin.Moyle" <Kristin.Moyle@ncmail.net>, Matt Gantt <Matt.Gantt@ncmail.net> Floyd, I have reviewed the applicationsubmitted by Tri County Paving. I feel the permit should not be granted until more information is provided. 1. The map shows no evidence of Little Buffalo Creek running through the site. Sometime in the past, Little Buffalo Creek was piped under this site. The drop-in'lei's_onwsi.te-drain dakrectl.y-inter Cthe_creek._-Little Buffalo Creek is classified as Class C Trout+. 2. The application -refers -to an enclosed ck st--oE_ad=joining-proper yy) own sre although the Tist-was-not_included::ithP the application. I am requesting that we receive copies of receipts for notification of adjoining land owners, notification of property owners located 1000' down stream on Little Buffalo Creek and notification of the County Manager for Ashe County. ' 3. There isnsuf-f cient-topo-dated provided. I am requesting topo information for the entire site. 4. There are do ccalculat_ions-provided7t_o:r4sediment-basin-shown=otin] Cthe'.�min ame P -� -- 5. The application states that no dewatering of the_pt-will take place. The existing site conditions reflect excavation below the elevation of the paved parking lot. I am requesting,detail recnoval�of_wa.ter_ffomthe�excavated�p� ' 6. There are no measures shown above the highwall for erosion and sediment control. This site is showing signs of accelerated erosion now. Measures should be installed to prevent the head cutting of the slope. 7. There is no information provided for the amount of existing stock pile of aggregate on site. I feel the additional information is necessary to approve this permit. Tim Garrett NC DENR Winston --Salem Regional Office Division of Land Resources, Land Quality Section 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4608 ext 234 FAX: (336) 771-4631 1 of 2 3/10/2004 11:49 AM '- r t t ARA NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor February 26, 2004 MEMORANDUM TO: Brenda Hams Mining Program Secretary Land Quality Section FROM: Blake Rouse 37D` Water Allocation Section Division of Water Resources SUBJECT: Comments on the Mining Permit Application Request for; Tri County Paving, Inc West Jefferson Quarry Ashe County William G. Ross Jr., Secretary John Morris, Director i( MAR 1 2004� 11' Please find attached a copy of the mining permit application request for the above referenced project. The West Jefferson Quarry Site located in Ashe County should not have an unduly adverse effect on ground water supplies. Any water withdrawal will be subject to North Carolina General Statute 143-215.22H; Registration of Water Withdrawals and Transfers Required. Any person who withdraws in one day 100,000 gallons (70 gpm) or more of surface water or ground water in North Carolina is required to register the withdrawal with the Division of Water Resources. A Central Coastal Plain Capacity Use Area permit must be obtained from the Division of Water Resources if the withdrawal exceeds 100,000 gallons per day and occurs in Beaufort, Carteret, Craven, Duphn, Edgecombe, Greene, Jones, Lenoir, Martin, Onslow, Pamlico, Pitt, Washington, Wayne, or Wilson County. 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. ne 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 Warr Carolina Phone: 919-733-40641 FAX: 919-733-3558 %lntemet: www.ncwater.org 1;Va&ra"11 • -;�IPA J& NCDENR North Carolina Department of Environment and Division of Land Resources Land Quality Section ,lames D. Simons, P.G., P.E. Director and State Geologist February 17, 2004 MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris &Z— Mining Program Secretary Land Quality Section 0 I'l, st cc, w�E T I rJo Natural Resources FEB 17 2004 SUBJECT: Mining Permit Application for Tri County Paving, Inc West Jefferson Quarry Ashe County DIVISION OF WATER RESOURCES Michael F. Easley, Governor William G. Ross Jr., Secretary ❑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 March 8, 2004 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. Matt Gantt 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 / 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 FED 2 6 2004 'f j I,cl ® North Carolina Wildlife Resources Commission Charles R. Fullwood, Executive Director MEMORANDUM TO: Brenda M. Harris, Mining Program Secret y Land Quality Section 01, 01 FROM: Ron Linville, Regional Caardina Habitat Conservation Program DATE: February 24, 2004 SUBJECT: Mining Permit Application, Tri County Paving, Inc. West Jefferson Quarry, Ashe County This correspondence responds to your request for our review of the referenced new mine permit application. These comments are provided in accordance with certain provisions of the Mining Act of 1971 (as amended, 1982; G.S. 74-46 through 74-68; IS NCAC 5) and the North Carolina General Statutes (G.S. 113.131 et seq.). Tri County Paving is requesting a mining permit for their existing site due to plant expansion. The present operation mines crushed stone and soil. Total acreage for the mine appears to be 7.067 acres. Based on our review of the mine application submittal, we will not object to the proposed mine site providing the following conditions are included in the permit: I . During any new land clearing activities, woody debris (slash or large trees) removed during development of the site should be placed along the outer stockpile/compost area construction limits in the form of brush piles and downed logs to provide cover and nesting habitat for wildlife. 2. Prior to expansion of existing mine operations or boundaries, the mine operation should provide professional delineations ofjurisdictional waters and wetlands within the proposed expansion areas. Should jurisdictional waters or wetlands be found and/or if any stream relocation activities become necessary, Clean Water Act 404 permits and 401 certifications must be obtained from the US Army Corps of Engineers and the NC Division of Were Quality prior to any jurisdictional impacts and relocations. Mitigation should be provided as required during the permitting process. Stream relocations should use state-of-the-art bicengincering techniques based on geomorphic watershed evaluations. Native riparian plants should be incorporated into stream relocations. Fifty (50) foot undisturbed natural Mailing Address: Division of Inland Fisheries• 1721 Mail Service Center Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ex[. 281 • Fax: (919) 715-7643 Tri County Paving, 2 February 24, 2004 West Jefferson Quarry buffers should be established for intermittent channels and one hundred (100) foot undisturbed natural buffers should be established for perennial streams. 3. Materials removed from the site should not be used to fill wetlands or other jurisdictional water unless US Army Corps of Engineer permits and/or NC Division of Water Quality certifications have been properly requested and obtained. 4. Any stream crossings necessary should provide for aquatic life passage. Bridges are preferred over culverts and pipes. Culverts 48 inches diameter or larger should be buried a foot into the streambed. Culverts less than 48 inches diameter should be buried to a depth equal to or greater than 20% their size to allow for aquatic life passage. These measurements must be based on natural thalweg depths. 5. Stringent erosion control measures should be installed where soil is disturbed and maintained until project completion. As appropriate to protect listed species, sediment and erosion control measures may need to meet design standards for sensitive watersheds (I 5A NCAC 4B ,0024). Water supply buffers and protection measures should be evaluated and installed as appropriate. 6. Native plants are preferred for revegetation and reclamation activities. We do not recommend the use of Sericea lespedeza unless this is the only practicable plant alternative. Revegetation of disturbed soils should include the following seed mixtures for both soil stabilization and wildlife benefits: Spring/Summer Mixture, May I - Sept. 15 Browntop millet 20 lbs/a Kobe lespedeza 20 lbs/a Switchgrass* 5lb/a Fall/Winter Mixture, Sept. 15 - April 30 Winter Wheat 120 Ibs/a Korean lespedeza 20 lbs/a Switchgrass* 5lb/ac Add to fall or spring plantings: `Tioga' Deertongue (Panicum clandestinum) at a rate of 7 lbs. Pure Live Seeds (PLS) per acre. * On slopes less than 3:1 use Switchgrass, slopes greater than 3:1 use Orchard Grass or Creeping Red Fescue. Other native species may be appropriate depending on soil, slope, and region. Add one of the following to the above mixture Creeping Red Fescue 5 lbs/acre Ladino Clover** 5 Ibs/acre Atlantic Coastal Panic Grass 5 lbs/acre (PLS) Alfalfa** 5 lbs/acre (requires fertilizer containing Boron) ** Lime & fertilize disturbed areas according to NRCS soil test results. Follow planting guidelines as appropriate and necessary. Depending on elevation and region, other native species may be appropriate. 7. Where practical, a mixed native forest should be planted instead of a monoculture plantation during mine site reclamation to provide enhanced wildlife habitat diversity. Trees and shrubs (1 year bare root seedlings) should be planted randomly at a minimal rate of 100 trees per acre and at a minimal rate of 150 per acre around jurisdictional waters or Tri County Paving, 16 3 46 February 24, 2004 West Jefferson Quarry wetlands. The following native plant species should be considered for woody vegetation as they will enhance habitat values: Native Pine* Red Cedar Black Gum American Holly Dogwood Hickory Sumac Red Maple Oak (sp) Viburnum Green Ash Ironwood Black Cherry Persimmon Slack Walnut Willow (sp) Locust (sp) Mulberry Native Plums (sp) Serviceberry Other native species may be utilized depending on site requirements and availability. Pines* should not exceed 15% of the reforestation. No more than 20% of the tree species should be of a single species. An 80% success rate is acceptable over five years. A wildlife tree seedling pack is available from the NC Forest Service. We recommend that the mine operation consult with a professional North Carolina Wildlife Resources Commission biologist to further discuss mine planting schedules and reclamation activities. Wildlife biologist, David Sawyer can be reached at 336-957-4855. Additional,planting suggestions and plant supply sources may be obtained from Stewardship biologist, Elizabeth Hughes at 828-651-8380. As mentioned previously, stream relocations and riparian plantings should be planned and constructed by a company having professional bioengineering stream restoration training with stream permitting and restoration experience in the state of North Carolina. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336/769-9453. Cc: Matthew Gantt, DLR-WSRO Lucian Jordan, West Jefferson Quarry ©RA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D, Simons, P.G., P.E. Michael F. Easley, Governor Direclor and State Geologist February 17, 2004 William G. Ross Jr., Secretary MEMORANDUM /1:6P\, ♦ �" TO: Mr. Ron Linville FEB 7004 Habitat Conservation Program CoordinatoY RECEIVED Wildlife Resources Commission ki FROM: Brenda M. HarrisMining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Tri County Paving, Inc West Jefferson Quarry Ashe County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by March 8, 2004 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 Derson noted in the aoDlication. RETURN ALL APPLICATION Your continued cooperation is greatly appreciated. Please contact Ms. Judy Werner at (919) 733-4574 if you have any questions. 1bmh Attachments cc: Mr. Matthew Gantt 1612 Mail Service Center, Raleigh, North Carolina 27699.1612 •919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27004 An Equal Oppodunily 1 AP,mialive Adion Employer -50%Recycled 110%Post Consumer Paper MINING CHECKLI5T FOR ROUTING Applicant's Name• a U!q Project Name: i/bvl Qri�raJJ �u y Applic./Permit No.: 05`07County: Date Received: Q o i "c> Reviewer. ✓ River Basin Name: ..' Am ❑ Renewal ❑ Modification (inside permit boundaries) 0 Modification (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release ❑ Additional Information ❑ Fee Needed: $ Xe Received: $AQ� PPPP/lqqsire application package to: iCJ egienal Office (2 complete copies: attach the eio Office Mining Application Review Checklist" to one copy and attach both Dwa DAQ "Mining Application Review Form" to the other copy: send both copies tot nal meer) Date: Routed Rec'd mod( wision of Water Resources Date: Routed Rec'd eilvwildlife Resources Commission Date: Routed Rec'd �v- Fish & Wildlife Service Date: Routed Reed • - _ (Only new applications and modification requests that adchland to the permit) -'Plea-'Pleve ro p fimt 5 pages of the application and any location map2 ! vision of Parke & Recreation Date: Routed R®c'd Geological Survey Section Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) vision of Archives & History Date: Routed Rec'd (Only new applications) ❑Other( Date: Routed Rec'd "5u5penee Date for Commente: 40— (no later "than 25 days from receipt) �Iieaoc note the following: \I A 0 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. February 17, 2004 Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary MEMORANDUM TO: Dr. Brian P. Cole Application Review Coordinator U.S. Fish and Wildlife Service FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Tri County Paving, Inc West Jefferson Quarry Ashe 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 adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by March 8, 2004 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 THI: OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Matt Gantt 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 NCDENR North Carolina Department of Environment and Natural Division of Land Resources Land Quality Section James D. Simons, F.G., P.E. Director and State Geologist MEMORANDUM February 17, 2004 TO: Mr. Phillip McKneily, Director Division of Parks and Recreation FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Tri County Paving, Inc West Jefferson Quarry Ashe County Resources Michael F. Easley, Governor William G. Ross A, Secretary 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 March 8, 2004 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. Ibmh Attachments cc: Mr. Matt Gantt 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 l Affirmalive Action Employer -- 50% Recycled 110% Post Consumer Paper AGNA NCDENR- North Carolina Department of Environment and Division of Land Resources Land Quality Section - James D. Simons, P.G., P.E. Director and State Geologist February 17, 2004 MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section is Natural Resources SUBJECT: Mining Permit Application for Tri County Paving, Inc West Jefferson Quarry Ashe County Michael R Easley, Governor William G. Ross Jr., Secretary ❑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 March S, 2004 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. Ibmh Attachments cc: Mr. Matt Gantt 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 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper r� NCDENR- North Carolina Department of Environment and Natural Resources Division 'of Land Resources Land Quality Section - James D. Simons, F.G., P.E. Michael F. Easley, Governor Director and State Geologist February 17, 2004 William G. Ross Jr., 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 Tri County Paving, Inc West Jefferson Quarry Ashe County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by March 8, 2004 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) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Matthew Gantt 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 NC DINR _ - DIVISION OF AIR QUALITY -- 1617 MAIL SERVICE CENTER — -_ RALEIGN,NC27699-1617 MEMO Muung Petmt TRI-COIINTT PAVING. INC. NCDENR D= Type Reference 02/062004 Bill AFB-CNECKING Mining Pemtit 22656 21612004 Original Amt Belenas Duc Discount Payment 250.00 250.00 250.00 Check Amount 250.00 250.00 C, ,� _ -- -081- 30"0.00" W 081. 29"0.00" W oal- 2ao.u0" W c t, BMW �1 I R l �M1 I��I 1 { yfty I� V ♦ 1 '� r f! t� t1 Cm„ r.l • I "d o � J i e r� C[celt 31W ' 091- 30'I0.00" W usl- zs'lu.uu- W I Val 40 1 U.UU vy Name: JEFFERSON Location: 0360 24' 16.6" N OB1* 26' S5.7" W Dale: 2/16/2004 Scale: 1 inch equals 2000 feet copraani (C)1097 leapleen Inc OOOZ � I 83� NORTH CAROLINA MINING PERMIT APPLICATION state of North Carolina Department of Environment And Natural Resources Division of Land Resources Land Quality Section 1612 Mail service center Raleigh, North Carolina 27699-1612 (919) 733-4574 Revised 4/2002 NOTE: It is recommended that you contact the appropriate Regional Office (see Regional Office listing in the back of this booklet) or the Raleigh Central Office for a PRE -APPLICATION MEETING To discuss your intentions and address any questions MINING PERMIT APPLICATION REVIEW PROCESS FLOWCHART Application received by Land Quality Secti State Mining Specialist Applicant issues Public Notice Application assigned to Assistant State Mining Specialist Assistant State Mining Specialist/Program Secretary routes application for review and comment - U.S. Fish & Wildlife Service - Land Quality Section Regional Office - N. C. Geological Survey - Wildlife Resources Commission - Division of Water Resources - Division of Archives & History - Division of Air Quality - Division of Parks & Recreation -Division of Water Quality - Others as appropriate *All application review comments forwarded to Assistant State Mining Specialist Is application complete? If "YES", Assistant State Mining Specialist drafts the proposed permit action ................................ t Review Public Comments; Public Hearing Possible If "NO", Assistant State Mining Specialist drafts a letter requesting additional information from applicant Additional information from applicant received and routed to/reviewed by Assistant State Mining Specialist and Land Quality Section Regional Office (go to*) Application & proposed permit action reviewed by State Mining Specialist Is application & proposed permit action complete/acceptable?? If "Yes", the following permit actions are issued by the State Mining Specialist: - Draft Permits - Permit Transfers/Name Changes -Bond Substitutions - Permit Releases END OF PROCESS If "YES", application & proposed I permit action forwarded to and reviewed by Division Director Is application & proposed permit action complete/acceptable?? If "YES", the proposed permit action is issued by the Division Director if "No", application & proposed permit action returned to Assistant State Mining Specialist for revision (go to *) For other permit actions, if "Yes", application & proposed permit action forwarded to and reviewed by Land Quality Section Chief Is application & proposed permit action complete/ acceptable?? If "NO", application & proposed permit action returned to State Mining Specialist/ Assistant State Mining Specialist for revision (go to *) If "NO", application & proposed permit action returned to Section Chief/State Mining Specialist for revision (go to *) END OF PROCESS NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine West Jefferson Ouarry County River Basin New Latitude (dd.mm.ss) 36-24-13.68 Longitude (dd.mm.ss) 81-28-53.49 2. Name of Applicant* Tri County Paving. Inc. 3. Permanent address for receipt of official mail** P.O. Box 863, West Jefferson. NC, 28694 Telephone 336-246-7244 4. Mine Office Address n)(&Lt3 1.Jtsi ze)i trvoA ,t/e.Sto, gy Telephone) 3(9 7,244-/ 5. Mine Manager Aord A^ 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. �q�J��� ***Signature `�-H� Date o2- (R' O y Print Name j1 �ar Title V, rr-�frS.I FN� * 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 ss needed. -1- • 0 APPLICATION FOR A MINING PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to 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 Answer all of the following that apply: 1. a. 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): 7.067 * Note: Some of this acreage includes areas previously and currently used by the asphalt paving operations. Of this acreage, how much is owned and how much is leased? Acres owned: 7.067 Acres leased: Property owner if leased: b. 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.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: 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 (disturbed, ground cover removed) by the mining operation? Yes No (if no, a "minor modification" fee of $50.00 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): d. If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by t 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: Crushed Stone(Dirt _ 3. Mining method: Hydraulic Dredge Front-end Loader & Truck X Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain) -2- 0 0 APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) 160 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) 80 feet 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? 1995 topresent by applicant 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 (61 copies of a 7.5 minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5 minute quadrangles may be obtained from: N.C. Geological Survey NCDENR 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 715-9718 County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919)733-7600 -3- 0 0 APPLICATION FOR A MINING PERMIT 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 (bath 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 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. 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: l . Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. SymboIs 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 0-99 Acres 1 inch = 50 feet 100-499 Acres I inch = 100 feet 500+ Acres I inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) - 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 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 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. -5- • LJ APPLICATION FOR A MINING PERMIT 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. This quarry has been operated prior to this application while disturbing less than one acre. Upon approval of this application, mining will continue in a similar fashion. All areas of unconsolidated material will be graded to a stable slope and seeded to prevent erosion. All runoff from the mining area will be channeled into sediment basin as shown on site plan. 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 maps) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. Before any further land disturbing activity will occur, the sediment basin will be constructed as shown on site map. All runoff will be channeled into sediment'basin. 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 discharge points (along with their method of stabilization) on your mine map(s). Stormwater will collect within the existing pit before being discharged from the site as shown on the mine map. -6- APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes No x . If yes, do you intend to dewater the excavation(s)? Yes No . If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine map(s) that lie within 500 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. 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 100,000 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. Application will be made for a General. Stormwater Permit for mining. * 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. *See attached letter from the Division of Air Quality b. How will dust from stockpiles, haul roads, etc., be controlled? Periodic spray -down with water as necessary. -7- 0 40 KILPATRICK STOCKTON LLP AttlmM at Law April 10, 2003 Mr. Jalal Adouli Environmental Engineer H Division of Air Quality NC Department of Environment and Natural Resources Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 Dear Mr. Adouli: RE: TRI COUNTY PAVING, INC. 1001 WWt Fourth St. Winswn-Salem NC 27101.2400 t 336 607 7300 f33660775M www. KiIPMrickSbcldan.c W n direct dial336 6077387 direct fax 336 734 2667 RReichUMKilpalrickSacklon.wm This firm represents Tri County Paving, Inc. regarding issues related to rock crushing activities at its Ashe County facility. Thank you for discussing these issues with me on Thursday, April 10, 2003. Based upon your guidance, I understand that Tri County Paving may operate a portable sand and gravel plant and crushed stone plant with capacities of 150 tons per hour or less at its Ashe County site without an air permit. As you pointed out to me, this is consistent with Federal regulations 40 CFR Subpart 000, 60.670. Tri County Paving, Inc. will comply with these regulations. If you have a different understanding or interpretation of our above referenced discussion, please let me know. Again, thank you for your attention and assistance. S' ce y, 'chard'4Hich Environmental Paralegal cc: Mr. Stephen R. Berlin Ms. Patricia Jordan MMP a QWIO,B MINOR NMI IMMH MKIN m% 11M1 MHMTGM WMM144I EM APPLICATION FOR A MINING PERMIT 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 may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). A minimum buffer of 25 feet will be maintained (except for the small area on the south side where previous excavations are slightly closer). The buffer along Mt. Jefferson Road will be 50 feet or more. b. A minimum 50 foot wide undisturbed buffer will be required between any Iand 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). There are no natural watercourses or wetlands within the permitted boundaries. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to I vertical slopes or flatter for clayey material and minimum 3 horizontal to I vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. Overburden soils will be graded to a 2:1 slope where possible, and seeded according to schedule. -8- APPLICATION FOR A MINING PERMIT 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 ofany benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. There are no fill slopes in this mine plan. 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). All soil excavation will be 2:1 and seeded according to schedule. 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. A safety bench of 10 feet will be maintained at the top of the mining face. A second bench will be maintained at a depth of 80 feet and a width of 10 feet. 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. Blasting will be highly controlled to limit ground vibration and air blast. The top of the excavation will be maintained at a 2:1 slope to prevent instability. 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). A barbed wire fence will be placed along the high wall to prevent inadvertent public access. This will be built prior to mining activity. • APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes No X 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. As shown on the mine map, a 60 foot undisturbed buffer will be maintained along Mount Jefferson Road. In addition to this vegetated buffer, the mining area will be screened due to its elevation. No. 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 Na . If yes, specify the types of 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. ANFO, or ANFO-like products will be used. A non -electric ignition system will be used in a timed blasting sequence to Iimit ground vibration and air blast. I2. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes X No Ifyes, 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). Secondary containment will maintained in these storage facilities as specified in Best Management Practices. -10- APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN l . Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and ggeeneral 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 dramage 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( he reclamation plan and the location(s) ofall permanent channels must be indicated on the reclamation map. Overburden slopes will be stabilized during excavation and seeded according to schedule to prevent erosion. At completion of mining, the pit floor will be graded and sloped to continue to direct runoff into the existing stormdrain. The entire site will be graded for ultimate use as a commercial development. 2. Ism excavated or impounded body of water to be left as apart of the reclamation? Yes _ No x . If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-section(s) through the proposed body(s) of water. The minimum water depth most 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 most be shown on the reclamation map. Barbed wire and "No Trespassing" signs will remain along high wall. i APPLICATION FOR A MINING PERMIT 4. indicate the method(s) of reclamation of overburden, refuse, s oil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations far such areas must be provided on the reclamation map. No such spoil piles are in this mine plan. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. There are no processing areas, stockpile areas, or roadways except within the mining area. b. Will any on -site roadways be left as part of the reclamation? Yes No X . Ifyes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization. G. 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 REjEE 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 maps) and reclamation map, along with a list of items to be disposed in said areas. Any such material will be collected and periodically removed from site and properly disposed of. -13- 11 • APPLICATION FOR A MINING PERMIT 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 permanent revegetation and, if necessary, 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): as per analysis or 4,000 lbs. per acre FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): as per analysis or 5-10-10 fert. @ 1,000 lbs. per 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: Tall fescue July 15 — Aug 30 & 60 lbs. / acre Mar. 5 — May 15. Ky. Bluegrass 10 lbs. / acre Serieca Lespedeza 6615 lbs. / acre Korean Lespedeza 4610 lbs. / acre Rye Aug.15 — May 1 40 lbs. / acre MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: 4,000 lbs. / acre grain straw anchor with asphalt 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 a;w,. a J44 _P6. Date !Tint Name jA'ffi 3 C • 1-2-2Z1.lr Title � tl-eF*ss lame, GzDurls� Agency —14— APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approve Department to be affected during the life ofthe mining permit. Please insert the approximate acreage, AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: 0.4_ Ac. X $ $1,500lAc. _ $ 600 Stockpiles: Ac. X $ /Ac. _ $ Wastepiles: Ac. X $ /Ac. _ $ Processing Area/Haul Roads: Ac. X $ /Ac. _ $ Mine Excavation: 5.16 Ac. X $ 25500 /Ac. _ $ 12.900 Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: 5.56 Ac. (TOTAL PERMITTED AC.: 7.067 Ac.) Temporary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL 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 will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 0 Ac. b) Positive Drainage 5.56 Ac. X $12500.00 — $ 8,340 SUBTOTAL COST: $ 2L840 Inflation Factor: 0.02 X SUBTOTAL COST: $ 21,840 X Permit Life (I to 10 years): 10 INFLATION COST: $ 4,368 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 26,208 Reclamation Bond Cost: -15- V1 0j,Vj61 0 0 APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail 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 is 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 he 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. NOTE: 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" -16- NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that Tri County Paving• Inc. has applied on 1 10Y (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): (a) a new surface mining permit X (b) a modification of an existing surface mining permit to add land to the permitted area ❑ The applicant proposes to mine Crushed Stone/Dirt on 7.067 acres located 1 (Mineral, Ore) (Number) (Miles) East of West Jefferson, NC off/near road Mt. Jefferson Rd. (Direction) (Nearest Town) (Number/Name) in Ashe County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b1), the mine operator is required to make a reasonable effort 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 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 are 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 reeardine the specifics of the nronosed minine activity. please contact the annlicant at the following on the mi contact the Mining Program staff at 733-4574. n review process, 1 consider anv Co rylol 14,l -6 e<-j ACJAceN-1` Tri County Paving, Inc. (Addres ee/Owner of Record's du►N QL - (Name of Applicant: Include Contact Person Name and Address) 2 O & Company Name, if Applicable) L f _ PO Box_863, West Jefferson, NC 28694 (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressce/Owner of Record) -17- 0 0 APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION ')Or dAiru , an applicant, or an agent, or employee of an applicant, for a new Mining I, ((lnb IpG k Al 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, 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) See attached list (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the countyor 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, to said office at the following address: (Chief Administrative Officer Name) (Address) [City Manager, County Manager, Mayor, etc.] Dan McMillian. County Manager 150 Government Cir, Jefferson, NC 28640 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 ad,1'oming tract is owned or leased by the applicant or is owned by the lessor of the mine tract, al] owners of record of tracts adjoining these tracts, that are within 1,000 feet of mining permit boundary and the chiefadminisIT 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(bl) and 15A NCAC 5B .0004(d). I 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. 07- Uv 05� Sin of A cant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) C i%f ; S LJA Ct' 0.h 76cd0A (title of person executing Affidavit) [, a Notary Public of the County of OP 5 +, State of North Carolina, do hereby certify that �r i L f`0.4 o Cr aah appeared before me this day and under oath acknowledged thatff''t''he above Affidavit was made b hi er. Wi ss _ y hatrd, a no aria 1, this LA of \ 60 t—� 20�_. t Not ��'' ``�� LLrr Myi9k pires: O M tCOWA V G�'�U CIA riCIALSEAL -18-bNIL, North Carolina ty of ForsythRD H. REICH.pires Feb. II i� 0 • APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971. 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: Address: Telephone: APPLICANT: Signature: Print Name: Cl\,-u C: A rJ So r 6 Title: V.'te r(s(�t,t4 - Company: 1—C a �! rtil u ► �C - - - Mine Name: - 1- Co rAy lime, _ JP *Signature must be the same as the individual who signed Page 1 of this application. Six (6) copies of the completed application, six (6) conies of all location maps, mine maps and reclamation maps and the apaMpriate 12rocessing fee (see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land 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. -19- MINING A nonrefundable permit application processing fee when filing for a new mining permit, a major permit modification or a renewal permit is required as follows: TYPE ACRES NEW MAJOR PERMIT MODIFICATION RENEWAL Clay 1 but less than 25 $500 $250 $250 25 but less than 50 1000 500 500 50 or more 1500 500 500 Sand & Gravel, 1 but less than 5 150 100 100 Gemstone, and Borrow Pits 5 but less than 25 250 100 100 25 but less than 50 500 250 500 50 or more 1000 500 500 Quarry, Industrial Minerals, 1 but less than 10 250 100 100 Dimension Stone 10 but less than 25 1000 250 500 25 but less than 50 1500 500 500 50 or more 2500 500 500 Pent & Phosphate 1 or more 2500 500 500 Gold (Heap Leach), Titanium & Others I or more 2500 500 500 A nonrefundableS50.00 permit application processing fee is required for minor permit modifications. Minor 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 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 bythe modification within the permitted mine area, or anyadditional land that is to be disturbed and added to an casting permitted area, or both. 1012000 -20- Francis M. Nevils, Jr., F.E. James D. Slmons, P.G., P.B.-Chief Engineer Section Chief David H. Ward - Sediment Speclel'st Land Quality Section ?- Assistant Sediment Specialist Q12 Mail Service Center Tracy E. Dsvie, P.E.- Mining Specialist Raleigh, NC 22699-1612 Judy Wooster Asshtanl Mining Specialist ? -Assistant Mining Specialist Shionme Adil Land Quality Section o-Dam Safety Engineer 512 North SalhhmryStreet 'Feet Dodd, E.1.- Assistant Dam Safety Engineer Raleigh, NC 27604 James Caldwell, E.1.- Assistant Dam Safety Engineer Caroline Medlin, E.1. Sediment Education Court. Specialist Telepl 'rabiths Brown- Sediment Education FAX Intern Greg' Secretaries Wendy $pasta - Lead Secretary Stephanie Lone -Sedi ment & Do m; Susan Edwards - Mining LAND QUALITY SECTION REGIONAL OFFICES ASHEVILLE MOORESVILLE WINSTON-SALEM RICHARD PHILLIPS, P.E. DOUG MILLER, P.E. MA'1'THEW GANTIL P.E. JOHN' Interchange Bldg. 919 North Mein Street 585Woughews Street 3800 BI 59 Wondfin Hare Mooreaville,isC 29115 Wlmton-Selenk NC 27101 Raleigh Ashmllle,NC Will COURIER-13-15-01 IN2'ED COURIER -12-59-01 COURIER -040&06 (336)7/I4600 (919)5- (828) BI.6208 (704) 66XI699 FAX h (MM 7714631 FAX N FAX N DVB 251-6452 FAX N (704) 663.6W0 Alamonce Allegheny Ashe Chatha Avery Buncombe Burke Alexander Lincoln Carrell Davidson Davie Frunkli Caldwell Cherokee Clay Cabarrus Mecklenburg Forsyth Guilford Rockingham Johnsn Graham Maywood Henderson Camwhs Rowan Randolph Slakes Surry Narthe Jackson Macon Madison Cleveland Stanly Watauga Wilkes Vadkin Vance McDowell Mitchell Polk Garton Union Warren Rutherford Swrtn Transylvania Iredell Yancey FAYETTEVILLE WILMINGTON WASHINGTON WILLIAM(FOBV) VINSON, P.E. DAN SAMS, P.E. PLO" WILLIAMS, P.G. 225 Green Street 127 Cardinal Drive Ea. 943 Washington Square Met[ Suite 114 Wilmington, NC 28405-]845 Washington, NC 29889 Fayetteville, NC 28301 COURIER - 16-0441 COURIER -14-56.25 COURIER - 04-16-33 (252)946fi481 (910) 486-1541 (910) 39 990 FAX 8 (252) 917&3716 FAX 9(910)U64707 FAX N(910)350-2018 Beaufort Berde Camden Anson Montgomery Scotland Brunswick New Hanover Curvets Craven Currituck Studies Moore Carteret Onslow Dare Cates Greene Cumberland Richmond Columbus Peader Hartford Hyde Junes Detroit Rabmon Deaths Lenoir Martin tactics Hoke Sampson Posquotank Perquimens Pitt Revle Tyrrell Washington Wayne SCHEDUL010F RECLAMATION 1 COSTS10 2000 = Ra / pp xcos.ach.wpd (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 T/S Ponds SG, GS, $500/ac.(L) Borrow 1500(FI) S.piles $1800/ac W.piles $2000/ac. P.area/H.R. $1800/ac. Mine Excay. $500/ac. (L) $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.00031 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 DETERMINATION. 1,000 copies of this public document were printed at a coat of $845.81 or $.B5 per copy. 4/2002 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES - LAND QUALITY SECTION -21- 4 MINING ROUTING SLIP JUDY W. KRISRISTIN H. f FLOYD W. ,v o, MELL N. JIM S. COMMENTS: �y3�#d CL4 �i{ % (iMQr Vill >; 5 TRANSMISSION VERIFICATION REPORT TIME : 08/13/2004 13:55 NAME : NO DEW DLR FAX : 9197150801 TEL : 9197333833 SER.0 : ssssrzxuxss DATE,TIME 08/13 13:54 FAX NO."ME 83368464914 DURATION 00:01:11 RESULT OK MODE STANDARD ECM North Carolina Department of Environment and Natural Resources Division of Land Resources - Land Quality Section brining Program 1613 Mail Service Center, Raleigh, North Carolina'_7699 (919) 733-4574 Fax: (919) 715-8301 FAX COVER SHEET FAX `7UMBER To: Of: From: RE: Date: 81 3 1 O X 'IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE US IMMEDIATELY AT (919) 733-4574. 7 I/ LAND QUALITY SECTION Budget No#: 186j ce[e Redd: r ll/1g/IDW Opera or: TRI-COUNTY PAYING INC Type Security: ROC I Security Number: Bank: JAIF BANK City: WEST ]EFFERSON I Debit: $26,200.001 Credit: ¢6,MOO Date Released: 12/18/2006 Perm It No#: 05 07j Comments: Receli by Date: Released by: D Date: / ( 6 ` BANKING ® INSURANCE INVESTMENTS November 12, 2004 21 East Ashe Stmet (336) 246-4344 PO box 26 Fax (336) 246-3966 wet Jefferson. NC 29694 NC Department of Environment and Natural Resources Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Dear Sir or Madam: RFCETW,D NOV 19 2004 LAN[) QUALITY SECTION Enclosed please find an Irrevocable Standby Letter of Credit issued by AF Bank in favor of DENR for Tri-County Paving, Inc., in the amount of $26,200.00. This Irrevocable Standby Letter of Credit was established for Tri-County Paving, Inc. to allow them to obtain a mining permit from your agency. I am forwarding this completed Irrevocable Standby Letter of Credit to your office, per the request of Patricia Jordan, secretary/treasure for Tri-County Paving, Inc. If you have questions concerning the issuance of this instrument, please contact me at 336-246-4344. Si yC30i S l t xEc�rveD Z • NOU 19 2004 LAND QUALITY SECTION IRREVOCABLE STANDBY LETTER OF CREDIT LETTER OF CREDIT NO.: EFFECTIVE DATE: 11/12/04 AMOUNT: $26,200.00 ISSUING INSTITUTION_ AF Bank Name P.O.. Box 26 Address West Jefferson, NC 28694 City State Zip Code County BENEFICIARY: State of North Carolina - Department of Environment and Natural Resources 1612 Mail Service Center Ralelgh, North Carolina 27699-1612 APPLICANIMPERATOR: 74.i-Couaty Paui.ng Inc Name P O Box 863 Address West ae1:[eee6a NC 28694 City State Zip Code 94he County 1 -2- Dear Sir or Madam: (1) The APPLICANTIOPERATOR desires to engage in mining operations within the State of North Carolina, under the provisions of the Mining Act of 1971, N. C. Gen. Stat. TA -AIR oioor.and fhn =AminiRfrafta nilac nrmulated thereunder. .,.v (2) N. C. Gen. Stat._ 74-50 requires that operators engaged in mining shall first obtain an operating permit from the N. C. Department of Environment and Natural Resources ("DENR") which covers the affected land and which has not terminated, been revoked, been suspended for the period In question, or otherwise become invalid. N. C. Gen. Stat, 74-54 requires that each applicant for an operating permit, or for the renewal thereof, shall fle with DENR, and shall thereafter maintain in force, a bond in favor of the State of North Carolina In an amount as prescribed by Title 15A N.C. Administrative Code Subchapter 5B. 0003. N. C. Gen. Stat; 74-54 further provides that in lieu of the surety bond, an applicant or operator may file with DENR a cash deposit, negotiable securities, or an assignment of a savings account in a North Carolina bank. (3) Thus, this IRREVOCABLE STANDBY LETTER OF CREDIT is issued to DENR, In lieu of the surety bond required to be filed by the APPLICANT/OPERATOR, as provided by N. C. Gen. Stat, 74-54. (4) The undersigned hereby establishes its IRREVOCABLE STANDBY LETTER OF CREDIT in favor of DENR, for the Ta.i-Coanty Paving Inc acawnt of (APPLICANT/OPERATOR) for the amount of Twenty-zix 7houhand,7mo Xundzed dollars and no 1W8 ($ 26, 200. 00 1, available by DENR's draft(s) drawn on sight. (5) This IRREVOCABLE STANDBY LETTER OF CREDIT shall expire on November 12, 2005 (date at least one (1) year from effective date) The expiration data shall be extended automatically for a period pj One Year ph November 12, 2005 aiiu (one year or more) (expiration date) -3- on each successlve expiration date, unless, at least sixty (60) days prior to the expiration date, the undersigned notifies DENR and the OPERATOR by certified mail, return receipt ransiactad that tho oindaminnpri will not PvtPnri thin 1pttAr of irrp.dit haynnd the current a. a'V VMaVY N.F.a a..M Y..MV. V.�. 1Ww •...• .. VI\.M..M `. •.M ..�. _• —� _ _+'-••_ -• -• .- expiration date. If the undersigned notifies DENR that this letter of credit will not be extended, any unused portion of the credit shall be available upon presentation of DENR's sight draft within sixty (60), days after DENR's or the OPERATOR's receipt of such notification, whichever is later. (6) This IRREVOCABLE STANDBY LETTER OF CREDIT Is non -transferable. (7) Draft(s) shall be marked "Drawn Under AF Bank Irrevocable Letter of CredilCredit No. 400085939 " (Issuing Institution) and shall include the following documentation: (a) A signed certificate by DENR, referring to the effective date and Number of this IRREVOCABLE STANDBY LETTER OF CREDIT, and stating that: "In accordance with N. C. Gen. Stat, 74-59. we have received a notice of forfeiture of part or all of the Bond Amount. The amount of our drawing does not exceed the amount of the forfeiture as set forth in such notice."; . (b) A signed certificate by DENR, referring- to the effective date and Number of this IRREVOCABLE STANDBY LETTER OF CREDIT, and stating that: "We have received from AF Bank (Issuing Institution) written notice stating (f) that this IRREVOCABLE STANDBY LETTER OF CREDIT has not been renewed; and, (2) that the amount of our drawing does not exceed the Bond Amount, less any previous forfeitures thereunder, pursuant to notices received in accordance with N.C. Gen. Stat, 74-59.0; -or- (c) A signed certificate by DENR, referring to the effective date and Number of this IRREVOCABLE STANDBY LETTER OF CREDIT, and stating that:.. WS 'We have received from AF Bhnk (Issuing Institution) written notice stating (1) that there exists an Event of Default under the Credit Agreement (as defined In the IRREVOCABLE STANDBY LETTER OF CREDIT);.(2) that a drawing should be made underlhis IRREVOCABLE STANDBY LETTER OF CREDIT; and, (3) that the amount of the drawing dues not exceed the bond amount, less any previous forfeitures thereunder, pursuant to notices received in accordance with N. C. Gen. Stat, 74-59.1 (8) This IRREVOCABLE STANDBY LETTER OF CREDIT is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamberof Commerce Publication No. 500 and the laws of the State otNorth Carolina. In the event of any conflict, the laws of the State of North Carolina will control. (9) AF Bank hereby agrees (Issuing Insfitution) with the drawers, endorsers, and bona fide holders that all drafts drawn under and in compliance with the terms of this IRREVOCABLE STANDBY LETTER OF CREDITwIII be duly honored upon presentation to this banklissuing institution Very truly yours, AF Ban (Issuing Institution) BY: TITLE: 5 �•Pe•LO DATE: 11 12. b4 Swan and subavibed ro before me this the la. days