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L - �- l R I 3 IT � 5 SrP v -. $R� � � ➢ R � � �R y :Ed ps R . G § 5 i .,��. A.&AAA,. eE a�3s AA=-S6e 6� i SR;A;d S a E .4 9YAv>i$d:..§ , A.., . R �, � s€�R= j ,3 a I` n ern NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Don van der Vaart Governor RECEIVED Secretary MAY 19 2015 May 7, 2015 LAND QUALCMAY �. 15. b3, 14, of MINING PROGMEMORANDUM TO: Ms. Maria Tripp Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris /�y.,✓V D Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal Request for Rightmyer Machine Rentals Inc Robin Mine Halifax County Please find attached for your review a copy of the mining permit renewal request for the above 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 May 29, 2015 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 in the review of these types is greatly appreciated. Please contact Ms. Judy Werner at (919) 707-9220 if you have any questions. GV _s� F l•TiT S is -zo;S Attachments _ cc: Mr. John Holley�—�— Division of En Mineral and Land Resources oes Energy Section • Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612. 919-707-9200 / FAX. 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet htM.11oortal.ncdenr.omNieM An Equal opportunity 1 Affinnative Action Employer- 50016 Recycled 11056 Post Consumer Paper mitts North Carolina Department of Environment & Natural Resources NCDENRDivision of Land Resources — Land QualitY Section 1612 Mail Service Center, Raleigh. NC 27699-1612 Phone (919) 733-4574 Fax (919) 733-IS76 Facsimile Date: TO: Iw A6kn , � PhoneNo: tS1' Sj%�' i2? Fax Yo: 1--57Y /b n' I FROM, 1'��i� �ll�i purr I Extension: 7 _ CONDIE.YTS: 1Z4-z,I p �yi s You should be receiving_ pages) including cover sheet. 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E to 9 E £ fi (Rg � y£ .d,'t 1. Sti 5 Y [ R. °k• x az ) c4 a7'.:.. .a E , ., / Wool •pi � i d q2g �I dIL +' di I y i I,x It � i 1 k g F � .g I wa a I I ILI o I IN 4 x gW a v g NF .. - I y q'( k &F, be Ll F s` I) I . 11 :. �- /� �., ,Y� _;' Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY December 1, 2017 John Rightmyer Rightmyer Machine Rental Inc Suite Roanoke Rapids, NC 27870 RE: Mining Permit No. 42-16 Robin Halifax County Dear John Rightmyer: ROY COOPER Governor MICHAEL S. RECAN Secretary TRACY DAVIS Orl ector This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4, 2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site or for the duration of the lease term. The "life of site" means the period from the initial receipt of a permit for the operation until the mining operation terminates and the required reclamation is completed. Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior expiration date to convert your permit to a life of site or lease permit effective immediately. No action is required on your part for this modification to be effective. Please attach this letter to your existing mining permit for future reference. The mine name and permit number on the permit document, and all existing operating and reclamation conditions contained therein, shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new, transferred and modified mining permits. In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee of $400 per mining permit number. By statute, the initial payment of this annual $400 fee must be submitted to this office by December 31, 2017 — see the attached Invoice to remit the initial annual fee payment by this deadline. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a $50/month late fee and could result in the denial of future permit actions and/or revocation of your mining permit. Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been raised from $500,000 to $1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations remains with you. Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy Wehner, Assistant State Mining Specialist, or me at (919) 707-9220. Sincerely, William "Toby" Vinson, Jr., PE, CPM Interim Director, DEMLR Slate of North C;aruGna I Environmenta[Quality I Energy, Mineral turd Lard ReSUtIr'CeS 512 N. Salisbury Street 11612 Mall Service Center I Raleigh, \Torch Carolina 27b99 1612 919 707 9200 RCDENR North Carolina Department of Environment and Natural Resources Pal McCrory Governor June 11, 2015 Mr, Wait Gibbs Rightmyer Machine Rentals Inc. 497 NC Highway 48 Roanoke Rapids, North Carolina 27870 RE: Permit No. 42-16 Robin Mine Halifax County Roanoke River Basin Dear Mr. Gibbs: Donald R. van der Vaart Secretary Your application for renewal of the above referenced mining permit has been approved. A copy of the renewed permit is enclosed. The new expiration date is June 11, 2025. The conditions in the permit renewal were based primarily upon the initial application. Modifications were made as indicated by the renewal request and as required to insure compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the following conditions where minor additions or changes were made: 4B. As a reminder, your permitted acreage at this site is 26.24 acres and the amount of land you are approved to disturb is 21.43 acres. Please review the renewed permit and contact Judy Wehner, Assistant State Mining Specialist, at (919) 707-9220 should you have any questions concerning this matter. - Sincerely, i4neS. Boyer, P tate Mining Specialist hand Quality Section JSBIjw Enclosures CC' Mr. John Holley, PE Ms. Shannon Deaton-WRC, wlenclosures Mr. William Gerringer-DOl_, Mine and Quarry Bureau, w/o enclosures Division of Energy, Mineral, and Land Resources Energy Section - Geological Survey Section • Land Quality Section 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: htt :fl ortal.ncdenr.or /Webllri Mailing Address: 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919.707-92001 FAX: 919-715-8801 An Equal opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper 09 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES LAND QUALITY SECTION PERMIT For the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, " The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Rightmyer Machine Rentals, Inc. Robin Mine Halifax County — Permit No. 42-16 for the operation of a Borrow and Gravel 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: June 11, 2025 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation, or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee`s successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at the designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Whenever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until June 11, 2025. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Program to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area, 3. A. Sufficient buffer (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. B. Any mining activity affecting waters of the State, water of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. Mining activities, including the installation and maintenance of the approved sediment basins and associated diversion channels, shall be conducted as indicated on the mine maps, Sheets 1 through 5 of 5, last revised March 23, 2005 and the supplemental information received by the Land Quality Section on May 6, 2015. 5. All affected area boundaries (21.43 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 11 Page 4 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 25 foot undisturbed) shall be maintained between any excavation and any mining permit boundary or right-of-way to protect adjacent property. 10. A physical barrier consisting of a fence or earthen berm, etc., shall be maintained around the perimeter of any highwall. 11. ' A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, Mineral, and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining boundary, the following information must be provided to and approved by the Division of Energy, Mineral, and Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established. ,1 Page 5 12. An annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 13. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 14. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of an $84,500.00 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. 15. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act, " should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: MinimumStandards 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. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant'to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to regrade and satisfactorily revegetate any disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for planned future use are as follows: A. All the final perimeter sideslopes shall be graded to a 3 horizontal to 1 vertical or flatter slope. Page 7 B. Any settling ponds or sediment basins shall be backfilled and stabilized. C, The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition 11A through D. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the Seeding Specifications on the Standard Site Development Specifications and Details Sheet, Sheet 5 of 5, of the mine maps or the following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15- April 1 Kobe Lespedeza 10 Bahiagras 50 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October 25 Lespedeza (unscarified) 30 German millet 40 October 25- February Rye (grain- temporary) 120 Soil Amendments Lime- 2000 Ibslacre or follow recommendations from a soil test. Fertilizer- 1000 Ibslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch- All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibslacre and anchored appropriately. Page 8 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued May 16, 2005, is hereby renewed this 11th day of June, 2015 pursuant to GS 74-52. By:_ 5 - tv� ra E. Davis, Director Division o Energy, Mineral, and Land Resources y Authority of the Secretary Of the Department of Environment and Natural Resources APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT n . We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: RightmmyerrrMachine Rentals, Inc Signature: K722L` ( Tint Naiyfe�/ Johner Title, if licable President Company: Rightmver Machine Rentals. Inc. (If applicable) APPLICANT:. Rightmyer Machine Rentals Inc. Signature:• B Print N John M. Ri er Title. - ..President Address:. 497 Hwy 48 Company: Riehtmver. Machine Rentals, Inc. Roanoke Rapids- NC 2787 Telephone: (252)537 Date Signed: Mine Name: Telephone:(252) Date Signed: fr 3 1 "Signature must be the same as the individual who signed Page 1 of this application. ana reclamation maps, ana the appropriate processing tee (see next page for tee scneaule) of the form a meta or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Qualify 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 staffat (919) 707-9220. 19- RECEIVED 'JUN. Q_$ 2015 G RMINNOGRA M 0 RIGHTMYER MACHM RENTALS, INC. 497 Hwy. 49 Roanoke Rapid; N. C. 27970 PH. 252 337-3223 FAX 252-537-4645 N.C. Lic. 5323 VA. Lic.2705-033619A May 04, 2015 NCDENR Division of Energy, Mineral and Land Resources Land Quality Section RECEIVED Ms. Judy Weimer R Assistant State Mining Specialist RECEIVED MAY 062015 1612 Mail Service Center Raleigh, NC 27699-1612 JUN 022015 LAND QUALITY GAINING PROGRAM Ref: Robin Mine LAND QUALITY Halifax County —Permit No, 42-16 MINING PROGRAM Dear Ms. Wehner: Per the attached application for permit renewal, we would like to renew for a period of 10 years. Continued operation of this mine will not invoke any of the 7 denial criteria. There are no changes anticipated that would affect existing permitted operations such as additional acreage to be added affected or unaffected. The current bond for this mine has been recently renewed for the same amount listed in the application. This application is for permission to continue operating as permitted May 16, 2005. Please contact me should you need additional information or questions. Thank You. Respectfully. R�mt Mac 'ne Is, Inc. Walt Gibbs Mine Manager 0 0 W-- I , I , %:� r, J 0 Werner, Judy From: Holley, John Sera: Monday, June 01, 201512:07 PM To: Werner, Judy Cc: Valentine, Thad Subject: FW: Rightmyer Machin Rental -Robin Sand Pit Attachments: 20150601Rightmyer-Robin Pit.doc DAO comments for your consideration. If there are any questions, please advise. John 1.. Holley, Jr., PI3; CPESC Regional Engineer NC Dept. of Environment and Natural Resources Division of Energy, Mineral and Land Resources Land Quality Section, Raleigh Regional Office 1628 Mail Service Center. 3800 Barrett Drive Raleigh, NC 27699-1628 Phone: 919-791-4200, Fax: 919-571-4718 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Miller, David Sent: Monday, June 01, 2015 11:26 AM To: Holley, John Subject: Rightmyer Machin Rental -Robin Sand Pit John, Digital copy of review attached. David Miller, P.E., Environmental Engineer NC DENR - Division or Air Quality Raleigh Regional Office 3800 Barrett Drive, Raleigh, NC 27609 Phone: (919) 791-4272 Fax. (919) 881-2261 www.ncaicorc E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. 0 Air Quality's Mining Permit Application Review Received By Air Quality: 6-1-2015 Site Name: Rightmyer Machine Rental -Robin Sand Pit County: Halifax Land Quality Permit #: 42-16 Air Quality Permit #: None Air Quality Facility ID: None Does the site need a permit`? No. Rules the site needs to be aware of: Dust Control; Open burning Recommendations: None. Reviewer: David Miller Date: 6-1-2015 • Wehner, Judy From: Holley, John Sent: Friday, May 29, 2015 11:39 PM To: Wehner, Judy Cc: Boyer. Janet: Cole, Brad; Valentine, Thad Subject: 42-16 Renewal, Robin Mine, Halifax Co., suspense date 5-29-2015 The renewal application has been reviewed, and the plans and existing permit conditions should be sufficient for continued successful operation. I can support thid renewal. Wehner, Judy From: Smith, Danny Sent: Saturday, May 30, 2015 1:44 PM To: WehneY; Judy; Holley, John Cc: Rodgers, Ashley Subject: Robin or Rightmyer mine Attachments: 42-16 DWR REVIEW SHEET 2013.doc See comments Danny Danny Smith, Supervisor Raleigh Regional Office Water Quality Regional Operations Division of Water Resources (919) 791-4252 Print this brat 0 PDP Reran OF of this Imm to DEMLR CO by email cc DEMLR R0, DWR Sall. Send a copy to the permieee. MINING PAMIT APPLICATION RAIEW FORM forthe DIVISION OF WATER RESOURCES Project Name Robin Mine DEMLR Permit p 42-16 County: Halifax Applicant's Email: PERMIT ACTION TYPE: Renewal YES NO Date Commencing r( r( Have land disturbing activities started? Date? r( rt 2005 Latitude: 36.4243 Longitude:-77.7209 Please return comments to (at DEMLR CO): Judy Wehner SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Possibly Comments: difficult to determine exact footprint of site.. crenulation indicated in plans suggest project ma impact stream Watershed/Stream Name & Classification: unnamed tributary to Quankev Creek Class C, Roanoke River Basin DWR Compliance Status of Mine: unknown Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an actiyv2.permit in BIMS? no. 807MUMmentslaRefrd of page. YES NO 401 Wetland Cert, required? I-(_ .� f (_ 401 Wetland Cent. existing? (- ( Permit # r t Does DWR RO have enough information to determine if a 401 certification ig regured7 Is an O & M Plan needed? YES NO i Are wetlands disturbed attthis site? Does DWR RO suspect or know of nearby t- ( r wetlands to the site? — Is a wetland delineation required prior, to (Consultant r ( DWR issuing the permit? r rOnsite� Ro„ s,.momho. omn Print this form to PDF Retum PDF or this form to DEMLR CO by email cc DEMLR RO, DWR SPU. Send a copy M the permi(tee. Stream Determination Needed? f t r Sfream De term inatlon;Comgleted? "(?" "� fi r' ` - - - : r (_ , Does DWR RO need a statement that no wetlands/streams are disturbed F-f r [ for this project from applicant? Buffer Determination Needed?' 1 Buffer Determination Completed? r ( r (Recycle system permit existing? r ( Permit # New Recycle System permit required?* l—(. r Enough information to determine? — 'Non=dlschargepermrt existi rig? r(Unknown. Will wastewaters discharge to HQW waters I-- ittee with a 7Q10=0? (—(7Q10 Flow:— must determine. a s, * r( Has-Vlolatwn' r ( O&M Requirements F- ( H6W/7010 Concerns DoesDWR require DEMLR totliold the ( Pay back fees or renew .permit (e g so'DWR can review rt further.'dr DWR permit r r Other. �' r (— - ° because DWR�regmres more information)? t ^ Please-BescnHe the reason to ,r `.• hold thepermit'_. .i; ROicontact old Wirtil' Mine must wait to dewater until an O&M plan is r r r approved? Reviewed by: DWR RO Surface Water: Danny Smith Regional Office: RRO Date: 30 May 2015 RO Aquifer Protection Section: Regional Office: Date: Permit No. 42-16 Robin Mine Rightmyer Machine Rentals, Inc. RA,, .Scnlomhnr Oni h Print Ibis form to POF Return POF of this form to OEMLR CC by email cc OEMLR RO, own SPU. Send a copy to the incaution. Map provided in application indicatorenulations that could house a stream. Ould not identify/match exact footprint of site to topographic map. That said, I could see where exiting grading has been ongoing from a review of an aerial. Site drains to Quankey Creek, a Class waters in the Roanoke River Basin. BIMS review failed to reveal a mining stormwater permit. The application/proposal indicated that a sediment basin would be installed. This will result in an outlet and will trigger the need for a NCG020000 permit. Recommendations: - 1 recommend a stream determination to ensure Compliance with 404/401 expectations - If stream or wetland impacts are proposed- this praiect will need to comply with/secure a 404 permit from the USACF and obtain a 401 Water Ouality Certification - Thev will need to secure a mining general stormwater permit. Pcu Aanlnmhnr sm n • Wehner, Judy From: Valentine, Thad Sent: Tuesday, May 26, 2015 1:09 PM To: Wenner, Judy Subject: Robin Mine Review Judy I planned to go to the Robin Mine today and send you comments but I have hurt my back pretty bad and can't go. I told John and he said hew! I I get you comments. I did'nt see anything on the plans that stuck out but I just wanted to look at the site to be sure the plans still jived up. If I'm able I will go tomorrow. NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 21, 2015 MEMORANDUM TO: Ms...ludy Wollner Land Quality Section PROM: Michael Bauer(& Ground Water Management Section Division of Water Resources Donald R. van der Vaart Secretary RECEIVED unr 21 ..,r LAND QUALITY SECTION SUBJECT: Comments on the Mining permit Application Request for Rightmyer Machine Rentals, Inc. Robin Mine Halifax County Please find attached a copy of the mining permit renewal request for the above referenced project. The Robin Mine located in Halifax County does not appear to have an unduly adverse effect on ground water supplies since there is no dewatering proposed on site. However, if the mine starts to withdraw 100,000 gallons per day of water, they will need to re ister their water withdrawals with the Division of Water Resources on an annual basis. The registration form may be obtained from the following link: http:/hvwww.newater.org/Perinits_and_Regi stration/Water_W ithdrawal_and_"Franslcr_Regi stration. Facilities are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.221-1. This statute requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register and update withdrawals. This statue also requires transfers of 100,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water transfers. Water withdrawal registrants must complete the annual water use reporting form by April I for the Previous year. If you have further questions regarding the water withdrawal registration please contact John Barr with the Division of Water Resources at (919) 707-9021 or email him injohn.barrVyinederingov. 1601 Mail Service Center, Raleigh, Nonh Carolina 27699-1601 Phone 919-707-880011nlenal w _ncranrgav Anoua' eppatumly I Nfliwative Ad& ell Wde In panne tecy[led papa, NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor �►Eel :LV 1bill ►yi May. 7, 2015 Don van der Vaart Secretary TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal Request for Rightmyer Machine Rentals Inc Robin Mine Halifax Count XX Mine Dewatering Proposed ❑ No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater, estuarine, or marine fisheries (G.S. 74-51 (2)). Please respond by May 29, 2015 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. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibmh Attachments Cc: Mr. John Holley ' St 4 MAY 0 8 -2015 Qy'�Kh OF Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section - -- 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http://portal,ncdenr.org/webtir/ An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper I Applicant's Name: /K�� Applic,/ Permit No:'If'i r,,li':P es,... w • NINGCHECKLIST TFFOR �ROUTING �M 7Y4�j ///u c( ` Pro"me: V County. DateRearived: 'S la is River Badn None: , 11, Nem � Reacund ElModifcatinn (inside permit boundaries) ❑ Modification (outside permit boundaries) ,❑ Trmesfer ❑ eau ❑ Partial Release ❑ I Additional Information ❑ Fee Needed: f Reveived: f iQ'dA°V - t'tease�rowe tnethe�appecanonpac, eta: Rgp0 (imkS BBi^^vOffice M"�"e APPtu�oe xeeieror,d �VQ Cdab my attack Gd DWR n Reoino Form"to the whir o", avdhwA copies b on Regional Engineer) Date: Routed ' I S Reed 5-4O- I S rU ! Division of Water Resources Due: Routed n Reed ' ® NC Wildlife Resources Cimission Due: Rowed Reed ❑ US Fish all Wildlife Service � Date: Rowed Reed (Only mmappRemimnand mwlifiratia reVvm that addladbtkPrima) T Pleas route first y pages of the application and any location maps to: � a ❑ Division of Parks it Recreation Due: Routed Reed s ❑ NC Geological Survey Section- Date: Routed Rec'd ❑ Division of Marine Fisheries Date: Routed Rec'd ❑ Division of Soil dt Water Conservation (plus LEA) Date: Routed Reed -�.. (Onlymwopplicmimu adi fisaws reVaen tAu add Amdb thepmvt) ❑ Division of Archives U History Date: Rowed .- Reed ' (Onlynnoappliraras) ❑ Other: Dam: Rowed Rec d ** Cu I ntr MikCL ��, aJ (no later than 25 days from receipt) $tatpense Date/or 0 ' ❑ Pleau Hate tlu follmumg: ` � �iw ydun, �'U/1 Eit� North Pal McCrory Governor MEMORANDUM TO: Ms. Maria Habitat Cc Wildlife Ri FROM: Brenda M. Mining Prc Land Qual r � • NC®ENIt Department of Environment and Natural Resources May 7, 2015 m Program Coordinator Commission > r i;v U Secretary Don van der Vaart Secretary SUBJECT: Mining Permit Renewal Request for Rightmyer Machine Rentals Inc Robin Mine Halifax County Please find attached for your review a copy of the mining permit renewal request for the above 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 May 29, 2015 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. THIS OFFICE. Your continued cooperation in the review of these types is greatly appreciated. Please contact Ms. Judy Werner at, (919) 707-9220 if you have any questions. lbmh Attachments cc: Mr. John Halley 1612 Mail Service Cf 512 North Salisbury An Equal Opportun Division of Energy, Mineral, and Land Resources )action • Geological Survey Section • Land Quality Section ter, Raleigh, Noah Carolina 27699-1612.919-707-92001 FAX 919-715-8801 beet, Raleigh, North Carolina 27604 • Internet: htro7loonal nodenr orolwebllrl i Affirmative Acton Employer- 50% Recycled 110% Past Consumer Paper North Carolin Pat McCrory Governor MEMORANDUM TO: Mr. Nat Wilsoi Hydrogeclogy Division of W[ FROM: Brenda M. He Mining Progra Land Quality SUBJECT: Mining Permit Robin Mine Halifax Count NCDENR Department of Environment and Natural Resources May 7, 2015 Resources Secretary Don van der Vaart. Secretary Request for Rightmyer Machine Rentals Inc ® Mine Dewatering Proposed Li No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater, estuarine, or marine fisheries (G.S. 74-51 (2)). Please respond by May 29, 2015 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. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued coope 707-9220 if you have any qur lbmh Attachments Cc. Mr. John Holley Energy 1612 Mail Service Cr 512 North Salisbury An Equal Oppodun is greatly appreciated. -Please contact Ms- Judy Wenner at (919) Division of Energy, Mineral, and Land. Resources ieclion • Geological Survey Section • Land Quality Section ter, Raleigh, North Carolina 2769&1612.919-707-92001 FAX 919-71M801 "at, Raleigh, North Carolina 27604 • Internet. htto:lloorlal.ncdencorolwebllrl 1 Affirmative Action Employer- 50% Recycled 110%Post Consumer Paper R ZHTMYER MACHINE RENTALS INC 60095 . • ..� - ROANOKE RAPIDS, NC 27370°- N7� b - 2U6 313M } - DATEi� i��� -Winuuwx _P.AV -T01THE y •y- GA QRDEP OF I� C 'l\ A F =9 C .�.A T' 1 �i\QQ6 Fl�illTK 11 J ym55 �q //gy�ppC INnF�a✓#���t.lS '. OO LLAflS 8. AMQWNTWC�EC• ��o� �PNCBANI< • Wehn From: Wehner, Judy Sent: Wednesday, May 06, 2015 3:52 PM To: Smith, Danny Cc: Holley, John; Valentine, Thad Subject: 42 16 DWR REVIEW SHEET 2013 Attachments: 42-16 DWR REVIEW SHEET 2013doc Here's the review sheet for the renewal of the Robin Mine in Halifax County. Print this forth to FDF MINING Project Name Robin Mine PERMIT ACTION TYPE: R rc rr Have land disturbing activities started? Date? Latitude: 36.4243 Longitu Please return comments to (at Is the RO concerned that the opei Comments:_ Watershed/Stream Name & ClasE DWR Compliance Status of Mine: Does this mine (or previous owne Is this mine an active permit in BII of this form to DEMLR CO by email doDEMLR O DWR SPU Send a copy to me permiffee. 11T APPLICATION RKEW FORM forthe Permit # 42-16 County: Halifax Applicant's Email: YES NO rr rr -77.7209 ALR CO): Judy Weimer Date Commencing 2005 as proposed, would violate standards of water quality? back fees to pay? If yes, amount: YES NO 401'Wetlancl Cc ,�requiredl -,,, rr - -;: f--( - 401 Wetland Cart. existing? I rr Permit#_ r11 r Does' DWR 11 R0 8'ava an iiiinformation sterna d•5.4p1. cerhficationrts to re quired7 ON Is an O & M Plan needed? I YES NO eArkvistvands disturbed ai{this site? , r(�^^a�p#��lY.j¢µy I—( } 2F�af r{✓4I �r.S .T�i�:AII4�AAM vt� �'IN 5Ti . rY tlu . Does DWR RO suspect or know of nearby r r F r wetlands to the site? Is a wetland9 elmPatton required DWR issuthe or prir to corn sultanl rr m ermrt7 nsdel Print this roan to PDF Return F or this form to DEMLR CO by email. cc DEMLR �O, DWR SPU. Send a copy to the penriffee. Stream Determination Needed j r f r (_ 'Stream Determtriatlon Completed ' ',(''= (. :.!rf- :•� Does DWR RO need a statement that no wetlandslstmams are disturbed)r— for this project from applicant? ,Buffer Determiriation,Neededr? ''r( � Buffer Determination Completed? r r I—( Recycle aystem,permit.existing.? '.�rlPermit# •:r(— New Recycle System permit required?' F, ( (— Enough information to determine? — Non-discharge,permit existing? C(Parmit # r ( Unknown. Will wastewaters discharge to HQW waters rf r(7010 Permittee must with a 7Q10=0? Flow: — determine. . R v r t . as.Violation ' .. I f O&M, Requirements . (— f HQW/7010 Concerns ipoesiDWR require DEMLR to,n Id the rPay back fees or renew. pemtje gso;Nw , DWR permit -. .. r( ' bmause•DWR requues more Information).7 �r(Other., . •Please describe the'reason to hold the permit RO contact _ `. r ( Hold -Until Mine must wait to dewater until an O&M plan is r ( r f approved? — Reviewed by: DWR RO Surface Water: ,Regional Office: _ Date: _ RO Aquifer Protection Section: I Regional Office: Date: Rnv.Fnramhar 9Mn RIG14MYER MACHINE RENTALS, INC. r 497 Hwy. 48 Roanoke Rapids, N. C. 27870 PH 252-537.3223 FAX 252-5374645 N.C. Lic. 5323 VA. 1.fc.2705-033619A May 04, 2015 NCDENR Division of Energy, Mineral and Land Resources 40 Land Quality Section ':y} Ms. Judy Weiner Assistant State Mining Specialist .y 1612 Mail Service Center Raleigh, NC 27699-1612 Y.•• - ,y..I 4 Ref: Robin Mine Halj$ix County —Permit No. 42-16 ✓ s` Dear Ms. Wehnen � ♦ � 1 Per the attached application for permit renewal, we would like to renew for ateriod of 10 years. Continued operation of this mine will not invoke any of the 7 denial criteria. There are no changes anticipated that would affect existing permitted operations s ch as additional acreage to be added affected or unaffected. The current bond for this mine his been recently renewed for -the same amount listed in the application. This application is for permission to continue operating as permitted May 16, 2005. Please contact me should you need additional information or questions. t Thank You. .� Respectfully. 1r " Rightmyer Mac ne Is, Inc. p 4 Y Walt Gibbs Mine Manager i ri L_J 7 • RECEIVED MAY 0 6 2015 LAND OUALRV MINING PROGRAM NORTH CAROLINA MINING PERMIT APPLICA ION State of North Carolina )epartment of Environment' and Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center high, North Carolina 27699-161 (919)707-9220 t Reused Pebnian 24.2012 2 �l I 1 m + ♦ 4 6 f 0 No 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 Of ice for a PRE -APPLICATION MEETING to discuss your intentions and address any questions. I • e MINING iPERMIT APPLICATION REVIEW PROCESS FLOWCHART I BEGINNING OF PROCESS I received by Land Quality Section/ State Mining Specialist Applicant issues i I 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 Assistant State Mining fs application If"YES", Assistant Specialist drafts the permit action i Review Public Comments; forwarded to Public Hearing Possible if "NO", Assistant State Mining Specialist drafts a letter requesting Mining additional information from applicant ised Additional information from applicant received and rooted to/reviewed by Assistant State Mining Specialist and Land Quality Section Regional Office (go to x) m & proposed permit action by State Mining Specialist Is application & proposed permit action completelacceptable?? If "Yes", the following permit actions are issued by the Stale Mining Specialist: - Draft Permits - Permit Transfers/Name Changes - Bond Substitutions/Cancellations - Permit Releases - Inactive Renewals - High Airblast Remediation Plans - Non -controversial New Permits - Non -controversial Renewals - Small, Non -controversial Modifications If "No", application & proposed permit action returned to Assistant State Mining Specialist for revision (go to *) i For other permit actions, if "Yes", application & proposed permit action END OF PROCESS forwarded to and reviewed by Land i Quality Section Chief If "YES", application & proposed permit action forwarded to and reviewed by Division Director Is application & proposed permit action complete/acceptable?? If "YES", the proposed permit issued by the Division Director END OF PROCESS 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 x) If "NO", application & proposed permit action returned to Section Chief/State Mining Specialist for revision (go to *) APPLICATION FOR A MINING PERMIT • NORTH I. NameofMine Robi: River Basin Roanoke Latitude (decimal degrees to it Longitude (decimal degrees to LAND QUALITY SECTION CATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) places) 36.25.29 u places) 77.43.16W County 2. Name of Applicant* Riehtmyer Machine Rentals, Inc. 3. Permanent address for receipt If official mail** 497 Hwy 48 1 Roanoke Rapids, NO 2787 Telephone ( 252)537-3223 Alternate No. f ) None 4. Mine Office Address I Same I Telephone ( ) Same 5. Mine Manager Walt Gibbs 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 2/ Print Nam John M Ri h fe.__ * This will be the name that the Inning permit will be issued to and the name that must be indicated on the reclamation bond (security) that comesponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. **« Signature of company officer real ired G.S. 74-5 t provides that the Department shall grant or deny an application for a permit within 60 days ofreceipt ofa 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 I .I- i APPLICATION FOR A MfNEP PERMIT 'NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All 'responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1, Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the aireage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned:. Acres leased: I Property owner if leased: If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: 42-16 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 26.24 ❑ 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: I . (NOTE: you must complete all of Section F. of this application form entitled Notification Iof Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed, ground cover removed) by the mining operation? Yes ❑ No [ ] (if no, a "minor modification" fee of 100.00 is required, despite the "undisturbed" acreage to be added). l fyes, 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 I "major modification's fee will be based upon). - If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: I 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 ABODE 2. Name of all materials 3, Mining method: ❑Hydraulic Dredge Dragline & Truck Other (explain): Fill Dirt / Pit Gravel ®Front-end Loader & Truck ❑ Shovel & Truck Self -loading Scraper 4. a. Expected maximum depih of mine (feet) 38 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.)_ Natural ground level b. Expected average depth Hof mine (feet) 25 _2. APPLICATION FOR A MU IRPERMIT • 'NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All 'responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ 1f 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 rnew permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: I Property owner if leased: ® If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: 42-16 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 26.24 ❑ 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.: I Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes I] No D. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "ma' 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: I . (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 (Le.: disturbed, ground cover removed) by the mining operation? Yes ❑ No ❑ (1f no, a "minor modification" fee of $100,00 is required, despite the "undisturbed" acreage to be added)_ If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the I"major modification" fee will be based upon): ❑ Ef 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. J 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: Fill Dirt / Pit Gravel 3. Mining method: R Hydraulic Dredge � Front-end Loader & Truck ❑ Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain): 4. a. Expected maximum depth of mine (feet) 38 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.)_ b. Expected average depth of mine (feet) 25 - 3- 1 5. Has any area(s) at this site been mined in the past? Yes ® No ❑ If yes, when and by whom k as this activity conducted? 5/16/2005 to present, Permit 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 minim 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 the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5 h Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919)733-2423 1 hap Wportal.ncdennorej b/lr/geological home County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation -- Geographic Information Systems (GIS) Mailing Address: Physical Address: NCDOT GIS Unit NCDOT GIS Unit 1587 Mail Service Center 3401 Carl Sandburg Court Raleigh, North Carolina 27699-1587 Raleigh, North Carolina 27610 (919) 212-6000 http://www. nedot. org/it/.his/ 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the eAtire 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 iinimum requirements listed below) to clearly illustrate the following, at a minimum; a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage ofjall pits/excavations. f. Outline and acreage ofiall stockpile areas. g. Outline and acreage oflall temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of'all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 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 flbodplain 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 ofowners 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. APPLICATION FOR A MINA PERMIT 1 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 ]eased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: 50-199 Acres 200+ Acres (NOTE: Smaller scaled MAP SCALE 1 inch = 50 feet 1 inch = 100 feet 1 inch = 200 feet s may be acceptable if they clearly illustrate the above items) APPLICATION FOR A MININPPERMIT A A tablelchart must be provided on the mine mapp that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing arealhaul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the fife of the mining permit. A tablelchart similar to the following will be acceptable CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds None Stockpiles None Wastepiles None Processing Area/Haul Roads None Mine Excavation 21.43 Acres Other (Explain) None Total Disturbed Acreage 21.43 Acres 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 QUESTIONSISTATEMENT.S THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. 6- APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine ntap(s). Attach additional sheets as needed. 1. Maintain access road to mine site. 2. Maintain sediment basin and erosion control. 3. Continue excavation of fill dirt and pit gravel. 4. Grade per contours per site development plan. 5. Seed and mulch as necessary. 6. Set out pine trees. 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 co ntrol for mine excavation(s), waste files, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(v) and proi�ide typical cross-sectiotns/cotnvtructiort details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. . Maintain culvert at Robin Road entrance to mine site, ditches, and roadway shoulders. 2. Continue excavations proceeding upgrade from low point at sediment basin. 3. Seed and mulch slopes as significant areas are brought to finish grade. 4. Maintain erosion and sediment control devices, touch up, or reseed and mulch as new areas are graded or as required. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ❑ No®. If yes, briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes ❑ No®. If yes, briefly describe the mature of the discharge at id locate all proposed discharge points (along with their method of stabilization) on your urine map(5). - 7 - APPLICATION FOR A MININ�PERMIT Will any part of the proposed mine excavation(s) extend below the water table? Yes [INo El®. If yes, do you intend to dewater the excavation(s)? Yes No Ifves, what impact, if any, will mine dewatering have on neighboring wells? Estimated Withdrawal rate in gallons per day: . Locate all existing ii,ells on the mine maps) that lie within 500 feet of the proposed excai atiott 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 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No Z. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? Water Trucks -8- APPLICATION .FOR A MINAPERMIT 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 bra ffer locations and widths on the mine lnap(F). Twenty-five (25) foot buffer shall be maintained. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet maybe 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? Sho►v al! buffer locations and widths on the nrme map(s). Fifty (50) foot buffer shall be maintained. 5. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. 3: t slopes shall be maintained -9- 0 • APPUCATLON FOR A MINING PERM[T b. Provide a cross-section on the mime rnap(s) for all fill ,slopes (berms, waslepile.s, overburden disposal areas, e1c.), clearly indicating the itrteraded side .slope gradient, installation of any benches and/or slope drains (with supporting design ir?formation) if needed, and the method of final stabilization. NIA 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 mime rnap(s). d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross -.sections of the mine excavation clearly noting the angles ref the cut slopes, Widths of all safety benches and urine benches, and the expected maximum depth of the excavalion. NIA 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelliny> house, public road, public, commercial or industrial building om any mine excavation. Locale all such struclure.s on the mine map if they are ii4thnr 300 feel of any proposed excm alion. All areas surrounding permit boundaries undeveloped more than 500 ft. 7. 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 conviruclion delailleross-section and location of each type of barricade to be used mast be indicated on the mine rnap(s) Gate at end of access road. Soil berms shall be maintained to prevent any inadvertent public access along any high wall area should an excavation of this type be created. -i0- 0 • APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes ❑ No Z. If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine map(s) acid provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. Access road to excavation area will be only view of site. Natural buffers will be maintained on all sides. Visibility will be very limited outside of excavation area. 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? No. 11. Will explosives be used? Yes ❑ No Z. 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 maybe required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structures) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ❑ No M. I f})es, describe these materials, how they „will he stored and method f containment in case Indicate the location(s) of all storage facilities on the mile map(y). APPLICATION FOR A MINING PERMIT 0 D. RECLAMATION PLAN Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information mast be illustrated on a reclamation map and must correspond directly vOth the igforniation provided on the mine map(s). In addition, design information, including typical cross -sections, of ally permanent channels to be constructed as part of the reclamation plan and the location(5) o f all permanent channels must be indicated on the reclamation map. Develop final bottom and slope grades per mine development map. 2. Seed, mulch, and tack or matt all disturbed areas in a timely manner and with the seeding specifications (plan sheets). 3. When mine development is completed and all areas well stabilized with grass, remove the sediment basin to match the surrounding areas. Rebuild silt fence as necessary along low sides of disturbed areas. Construct permanent discharge swale, seed and mulch, , tack or matt. 4. Plant pine trees. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ❑ No M. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-section(s) through the propased body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes ❑ No ❑ If yes, specify species. �. 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 permanenN barricades inust be shoivit on the reclamation map NIA -12- APPLICATION FOR A MIMNTPERMIT • 4. Indicate the methods) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations for such areas must be provided on the reclamation wrap. No waste. All materials will be used within the construction industry. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. Grade, stabilize with seed, mulch and trees. b. Will any on -site roadways be left as part of the reclamation? Yes ❑ No E. Tf yes, identify such roadways or the reclamation Wrap and provide derails on permanew road and ditch me stabilization. 6. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.) No off site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by .DWM for the site, a copy of said permit must be attached to this application. All tein or•an j, and permanent refuse di,sjiosal areas must be clearly delineated on the mine mrap(s) and reclamation map, along with a list of items to be disposed in said areas. None generated. 13 APPLICATION FOR A MININPPERMIT • 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the 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): 2 Tons per acre. FERTILIZER -ANALYSIS AND RATE OF APPLICATION (pounds/acre): 800 to 1000 lbs. 10/10/10 SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: include Legumes] Seed Types: Seeding Dates: Seeding Rates: Per attached seed specifications for plans MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS — TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Signature Date Print Name Title Agency /4 APPLICATION FOR A MINAPERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheel is to be used to establish an appropriate bond (based tpora range of S500 to S5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permN. Please insert the approximate acreage for each AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE' COST Tailings/Sediment Ponds: Ac. X $ /Ac. _ $ Stockpiles: Ac. X $ /Ac. _ $ Wastepiles: Ac. X $ /Ac. _ $ Processing Area/Haul Roads: 2.69 Ac. X $ 1800.00 /Ac. _ $ 4,842 00 Mine Excavation: 18.74 Ac. X $ 2000.00 /Ac. _ $ 37,480.00 Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: 21.43 Ac. (TOTAL PERMITTED AC.: 26.24 Ac.) Temporary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsne watercourses and wetlands. a) Internal Drainage 21.43 Ac. b) Positive Drainage 18.74 Ac. X $I,500.00 = $ 28,110.00 SUBTOTAL COST: $ 70,432.00 Inflation Factor: 0.02 X SUBTOTAL COST: $_70.432 00_______ X Permit Life (1 to 10 years): __ _ 10 __--- INFLATION COST: $ 14,086.40 TOTAL COST — SUBTOTAL COST+ INFLATION COST = $ 84.578.40 rotal Reclamation Bond Cost: $ 84,500.00 (round down to the nearest $100.00) is NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that has applied on (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 new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modilication(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine on acres located (Mineral, Ore) (Number) (Miles) of (Direction) in County. (Nearest Town) off/near road (Number/Name) *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to mane a reasonable effort, satisfactory to the .Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary, if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G. S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the nr000sed minim! activity, nlease contact the applicant at the followine telephone number: . For information on the mining permit application review process, please contact the Mining Program staff at (919) 707-9220_ Please note that the Department will consider any relevant written comments/documentation within the provisions of the Minin! Act of 1971 throughout the application review rocess until a final decision is made on the application. (Addressee/Owner of Record's Name and Address) (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) (Name of Applicant: Include Contact Person & Company Name, if Applicable) (Address of Applicant) -16- APPLICATION FOR A MININRPERMIT AFFIDAVIT OF NOTIFICATION 1, , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add Iand to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) (Attach additional list if necessary) 1 do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) (i.e.: City Manager, County Manager, Mayor, etc.] The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(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. Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Title of person executing Affidavit 0 a Notary Public of the County of State of North Carolina, do hereby certify that appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my hand and notarial seal, this day of 20 Notary: my Commission expires: -17- APPIJCATION FOR A MININU PERMIT • F. NOTIFICATION OF AD30INING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail, return receipt requested, to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERM ITTED AREA, AS REQUIRED BY NCGS 74-50(bl). SEE TIIE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" - Is- A.PPI.ICATION 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 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G. S. 74-59. LANDOWNER: Signature: Print Name: (Title, if applicable) Company (If applicable Address: Telephone: ( Date Signed: APPLICANT: Signature. Print Name: Title: Company. - Mine Name: Telephone: ( Date Signed: *Signature must be the same as the individual who signed Page I of this application. One on of the completed and reclamation maps, and the appropriate rocessin 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 ofthis application should be directed to the Mining Program stafl'at (919) 707-9220. 19 APPLICATION FOR A MINING®RMIT MINING FEE SCHEDULE A nonrefundable permit application processing fee when filing for anew mining permit, a major permit modification or renewal pertnit is required as follows: 0-25 acres 26+acres New Pennit Applications $3,750.00 $5,000,00 Permit Modifications $750.00 $1,000.00 ,ve boT Permit Renewals $750.00 $l 000.00 Transfers/Manor Modifications* $100.00 $100.00 `z —/S A nonrefundable S100.00 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, Ali other changes are considered major permit modifications. Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of perni is means that area of land affected by the modification within the permitted mine area, or any additional land that is to be disturbed and added to an rusting permitted area, or both. Z45) APPLICATION FOR A MtN NCA�PRMIT There are seven Land Quality Section (LQS) Regional Offices. Use the map below to locate the Regional Office serving your county. Asheville Regional Office • Counties: Avery, Buncombe, Burke, Caldwell, Cherokee, Gay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Swain, Transylvania, Yancey • Address: 2090 U.S. Highway 70, Swannanoa, NC 28778 • Voice:828.296.4500 • FAX:828.299.7043 Fayetteville Regional Office • Counties: Anson, Bladen, Cumberland, Harnett, Hoke, Montgomery, Moore, Richmond, Robeson, Sampson, Scotland • Address: 225 Green Street, (Systel Building), Suite 714, Fayetteville, NC 28301-5094 • Voice:910.433.3300 • FAX.-910.486.0707 Mooresville Regional Office • Counties: Alexander, Cabarrus, Catawba, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly, Union • Address: 610 East Center Ave., Suite 301, Mooresville, NC 28115 • Voice: 704.663,1699 • FAX 704.663.6040 Raleigh Regional Office • Counties: Chatham, Durham, Edgecombe, Franklin, Granville, Halifax, Johnston, Lee, Nash, Northampton, Orange, Person, Vance, Wake, Warren, Wilson • Address: 1628 Mail Service Center, Raleigh, NC 27699-1628 or 3800 Barrett Drive, Raleigh, NC 27609 • Voice- 919.791.4200 • FAX:919.571.4718 Washington Regional Office • Counties: Beaufort, Bertie, Camden, Chowan, Craven, Currituck, Dare, Gates, Greene, Hertford, Hyde, Jones, Lenoir, Martin, Pamlico, Pasquotank, Perquimans, Pitt, Tyrrell, Washington, Wayne • Address: 943 Washington Square Mall, Washington, NC 27889 • Voice:252.946.6481 • FAX 252.975.3716 z/ APPLICATION FOR A MININGIORMIT • LAND QUALITY REGIONAL OFFICES (continued) Wilmington Regional Office • Counties: Brunswick, Carteret, Columbus, Duplin, New Hanover, Onslow, Pender • Address: 127 Cardinal Drive Extension, Wilmington, NC 28405 • Voice:910.796.7215 • FAX:910,350.2018 Winston-Salem Regional Office • Counties: Alamance, Alleghany, Ashe, Caswell, Davidson, Davie, Forsyth, Guilford, Rockingham, Randolph, Stokes, Surry, Watauga, Wilkes, Yadkin • Address: 585 Waughtown Street, Winston-Salem, NC 27107 • Voice:336,771.5000 • FAX: 336, 771.4631 Z- Z-- APPLICATION FOR A MINING(IRMIT 0 SCHEDULE OF RECLAMATION COSTS (Based upon range of $500 - $5,000 per affected acre) COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill dirt, CS = Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI = Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine, KY = Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other Type T/S Ponds S. iles W. iles P.area/H.R. Mine Excay. SG, GS, $500/ac.(L) $18001ac. $2000/ac. $18001ac. $500/ac.(L) Borrow 1500(FI) $2000(PD) CS, DS, 500(L) 1800 2000 2000 500(L) FS, MI, 1500(FI) 2500(PD) LI, PF, OL, KY PH 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) CL 1000(L) 2500 5000 5000 2000(L) 2500(FI) 3700(PD) PE, AU, 1000(L) 2500 3000 3500 2000(L) T1, OT 2500(FI) 5000(PD) (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM: • FINAL GRADING COSTS PER ACRE • LIME AND FERTILIZER COSTS PER ACRE • YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) • MULCH. AND ANCHORING COSTS PER ACRE • ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE LN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. z 5 VERIFICATION CERTIFICATE FOR INDEFINITE TERM SURETY BOND THIS IS TO CERTIFY that Band No. 929363215 issued by Western Surety Company dated this 254 day of April 2005, in the amount of Dollars (S84.500.001, on behalf of Rithtmver Machine Rentals- Inc. (as Principal), and in favor of State of North Carolina, Land Ouality Section (as Obligee) , covers a term which began on the 25a day of April , 2005, and ends only with the cancellation of said bond or other legal termination thereof, and that the said band remains in effect, subject to all its agreements, conditions and limitations. Signed, sealed and dated• (enter below) Western Snrdv Company 4ti l Wir= -F4125R015 "Use current or renewal date. J Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Rmw All Men BIT hat Presents, The WESTERN SURETY COMPANY, a South Dakota corpsanon, Is a duly organized and misting corporation having its principal offine in the City of Siam Falls, end Some of Say, Oukota, and that it does by vinue of the signmmc and scar herein a0 fixed hereby make, constitute rM apart John C Stanching, Thomas R Brown, Jessica J Winfree, Hunter F Avery, Patricia L Lewis, Jacqueline L Joiner, Joann E Stallr, Kathleen M Moore, Clint J Diers, Jeffrey M Johnson, Individually of Richmond, VA, its true and lawful Anorw yos) in -Fret with full power ad cmbp, iry hereby confined to Sign. AM cold uecuk for and a its behalf bonds, undertakings antl other oM Ramry imlar nth of similar nature In Unlimited Amounts - and as bind it mercer a fully way of me Same Susan a if Such instruments ow s Dead by a duly amoriad offar of firs: mraomtimr and all don am Said Attorney, pursuam to die authority War given, we lurcby initial and combined. This Power Dr Allamey is made and eaecuud puraum to and by mrbohry of me By Lew primed on me reverse hour. duly cooped, m iMicevA, by He shareholders dike empamim. In witness Whalen( WESTERN SURETY COMPANY had cased for presents by be signed by its Vitt Pnsidmt and its uoryorou seal to M hereto alfiud on His Sib day of Ocmba, 2011, we WESTERN SURETY COMPANY � SuI T. Drvon, trio Pmidcnl State ofSowh Drake s Costly Of Mmaeheha I On this are day of October, 201I, berme me personally came Paul T. Drooe, to me known, who, being by m duly Swam, did depose ad say. this be neudef to the city of siom Falls, Saw of South Dakom; diet he is the Vice President of WESTERN SURETY COMPANY described in mid which evecumd the above instrument; rbn he knows the mar of said Submarine. nut,he seal a liad to the said imrmnal is Such cmpmam Snl: that it was a anmed purami No authority given by me Board of Duci ofsa dl mepomhr ad thin he signed his name rhmem prumar to like Memory, Ma acknonsel Some in be the act ad dad areas cream at My CgnmiaeiunppYes ` J. MOHR lime 23, 201S �e ww=w waucc 111r�AgY'mD/)WufM mYGLkgS�S�s�! 1. Mohr. Nomry Public CERTIFICATE I, L. Nehan, Assistant Sermary, Of WESTERN SURETY COMPANY do hereby anlfy, the He Power of Anormy hihmosbove set fish is fill in force, and fumnr [miry they the Dy-Lawof die scipauion Primal on the rcvasc hm iris silt in Se aa. In ratiibay wmamf I Ionic Inmmro subsocacd my Dann and orbital One Sat Of (be said Nn iM Othis_CT ^by Of April 2015. Cry WESTERN SURETY COMPANY � /L. Nelson. Assismn Semnary Porn F4190.7-10t1 Authorizing Ay -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. ��n NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE - Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary May 16, 2005 Mr. Walt Gibbs Rightmyer Machine Rentals Inc. 497 Hwy. 48 Roanoke Rapids, North Carolina 27870 RE: Robin Mine Halifax County Roanoke River Basin Dear Mr. Gibbs: 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. 42-16 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 May 16, 2015. 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 26.24 acres and the amount of land you are approved to disturb is 21.43 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, Az: � Floyd' R. Williams, PG, CPG, CPESC State Mining Specialist Land Quality Section FRWfjw Enclosures cc: Mr. John Holley, PE Ms. Shannon Deaton -WRC, w/enclosures Mr. Bradley Bennett-DWQ, w/enclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures Land Quality Section 919-733-4574 t 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 Internet: www.dlrenr. stale.na.ns/dlr.htm An Equal Opportunity tAfOrmative Action Enloe —507B Recycle 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: Rightmyer Machine Rentals, Inc. Robin Mine Halifax County — Permit No. 42-16 for the operation of a Borrow and Gravel 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: May 16, 2015 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, imposed upon him by the conditions of his permit and by the Mining act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at the designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Whenever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until May 16, 2015. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (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. B. Any mining activity affecting waters of the State, water of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission, 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. Mining activities, including the installation and maintenance of the approved sediment basins and associated diversion channels, shall be conducted as indicated on the mine maps, Sheets 1 through 5 of 5, last revised March 23, 2005 and the application received by the Land Quality Section on February 18, 2005 . 5. All affected area boundaries (21.43 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. Page 4 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 25 foot undisturbed) shall be maintained between any excavation and any mining permit boundary or right-of-way to protect adjacent property. 10. A physical barrier consisting of a fence or earthen berm, etc., shall be maintained around the perimeter of any highwall. 11. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S_ 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6, drill steel D. If mining refuse is to be permanently disposed within the mining boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 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. Page 5 12. An annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 13. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 14. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $84,500.00 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. 15. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act, " should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, -the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S._74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to regrade and satisfactorily revegetate any disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for planned future use are as follows: A. All the final perimeter sideslopes shall be graded to a 3 horizontal to 1 vertical or flatter slope. Page 7 B. Any settling ponds or sediment basins shall be backfilled and stabilized. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition 11A through D. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the Seeding Specifications on the Standard Site Development Site Specifications and Details Sheet, Sheet 5 of 5 of the mine maps, or per the following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15 -- April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1 -- July 31 Common Bermuda 50 August 1 — October 25 Lespedeza (unscarified) 30 German millet 40 October 25 — February 15 Rye (grain -- temporary) 120 Soil Amendments Lime- 2000 Ibs/acre or follow recommendations from a soil test. Fertilizer- 1000 lbslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch- All seeded areas shall be mulched using small grain straw at a rate of 2000 lbslacre and anchored appropriately. Page S Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit issued this 16th day of May, 2005. �W'00, _ James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application for a mining permit filed by Righlmyer Machine Rentals Inc. to conduct mining activities off SR 1474 in Halifax County. The mining permit (no. 42-16) was issued on May 16,2005. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 15OB-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA, a petition for a contested case must be filed in the Office of Administrative Hearings within sixty (60) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 1508-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about.filing a petition may be directed to. the Clerk of the Office of Administrative Hearings by telephoning (919) 733-0926. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Mr. Daniel A. Oakley, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. lan'les Simons � Director Division of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on / 7 06 . Brenda Harris Mining Program Secretary Robin Mine Revision Subject: Robin Mine Revision From: john holley <john.holley@ncmail.net> Date: Mon, 02 May 2005 12:12:53 -0400 To: Floyd.WiIli atns@ncmaiLnet, Judy. Wehner@ncmail.net The subject application has been reviewed and i offer the following comments: (1) The previously mentioned problems appear to have been adequately addressed. (2) The proposed sediment basin appears sufficient in terms of efficiency even though the peak discharge during development of the mine has not been considered. When one adjusts the numbers to account for the basin storage and the resultant reduction in peak outflow, the surface area provided is very close to the necessary area for the required efficiency (close enough to not require an increase in the basin size). T would recommend approval of this application. Thanks for your patience during this busy transition time. John L. Holley, Jr., P.E., CPESC <John.Holley rr,ncmai1.net> , Regional Engineer Land Quality Section DENR 1 of 1 5/2/2005 1:03 PM 03/26/2005 14:20 2525374& RICITT14YER MACHItl PAGE r1l RIGHTMYER MACHMAENTALS, INC. 497 Hwy. 48 Rveavke Rapids, N. C. 27870 PH. 252-537-3223 FAX 252-537-4645 N.C. Lis 5323 VA. Lic2705-033619A FACSIMILE COVER SHEET DATE: 17&4&5' r FROM: !% 6 i b65 FAX NUMBER (252) ;i7.74645 TO:�y, fi7i.Vr/N,� SeCf inn/ NO. OF PAGES: g RECEIVING Fill( NO. �77J' (Inducingcowrshoot) iF REFERENCE: "'4.rb>7a ! NoT't.ta a4 5 REMARKS: �i✓rMI'7'-- Cy,4tst:%Ie z7 fcv✓, --- � If you do not recows all pages of this uansniige 1, please contact us. 03/28/2005 14:20 252537 -d Ir -r . '4,RBS'`El�Y?. Ago 7004 2510 0000 7273 7331 'Pormatic Raturr, Ft.i7w,7 I 03/29/2005 14:20 2525374 03/28/2005 14:20 25253746 RIGHTMYER MACHINES PAGI-- 04 NO1ICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that Rightmyer Machine Rentals Inc. _ . _ has applied on - 2117 Q- �__... (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of lv.nvironnient and Natural Resources, 1612 Mail Service Centex, Raleigh, North Carolina 27699-1612, :For (check, opff ): (a) a new surface mining permit F3 (b) a mdifsi.tion of an existing surface mining periWt to add land to the permitted area ❑ 'Z'be applicant proposes to Ririe Pit Gravel & Fill -Dirt on �2.5._ — acres located ...... (Mineral, Ore) (Number) T Qv ilex) Sou of Roanoke Rapids -- Off%sear zOadRcbLn Rd (Direction) (Nearest Town) (Number./Name) in . Halifax County. *SEE AWAC ED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NANEES AND LOCATIONS# In accordance with G.S. 7450(b1), the ursine operator is required to inalce a reasonable effort to nati all owners of record, both public and private; of all tracts of land that are adjoining the reining permit bona ary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the wine tract, all OW]UeTs of'recvrd of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining Penult 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 th(- 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 signif!(2 at public interest exists relative to G.S. 74-51, a public hearing will .be held within 60 days of the egad of the 30-day commeta period specified above. A copy of the permit application materials are on file and available for public review during normal busines hours at the above listed address as well as at the, appropriate regiopal office._ Forr_icrfornrrativm_.mgttTb or information on the Miming Program staff at (919) 733-4574. Rayynnond W. & Vi�gania P. shell 1120 Charlotte R Roanoke Rapids, IBC 27,370 (Addressee/Owner of Record's Name and Address) 03/4!7/2005 LLB (Date of Issuance of this Notice/ Mailed to. Addressee/Owaer of Record) -16- permit application review process, please coaatact the Welt Gibbs Rightmyer Machine Rentals, Xnc. (Name of Applicant: Include Cout,ict Person & Company Name, if Applicable) 497 Hwy 48 Rannnke Rn 778:70__ (Address of ihahl) 03/28/2005 14:20 25253746 RIGHTMAR MACHINI, PAGE Cis NOTICE Pursuant to provisions G.S. 74-5MI) of The Minting Act of 197L Notice is hereby given that Rightrayer Machine Rentals Inc. has applied on 292W/2095 _... (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Ceoter, Raleigh, North Carolina 27699.1612, for (check one): (a) a am surface mining permit (b) a modification of an existing surface mining permit to add land to the permitted area The applicant proposes to mine Pit Gravel s Pi11 r1;rt on 26.24 acres located 3.5 (Mineral, Ore) (dumber) (Miles) Southveat of Roanoke Rapids off/near road Robin Rd. (Direction) (Nearest Town) (dumber/Name) in salitex County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORN SPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS" In accordance with G.S. 74-50(bl), 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 me adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mite tract, all owners of record of tracts adjoining these tracts mast be notified (that are within 1,000 feet of the raining permit. boundary). In addition, the mine operator must also notify the chief administrative officer of the canny or mimiapahg in which say 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 pemrit, whichever is later. Should the Department determine that a significant public.inteiva exists relative to G.S. 74-51, a public hearing will be helldwithin 60 days of the end of the 30-day comment period speed above. A copy of the application tnatcrials are on file and available for public review during normal business hours at the above ted address as well as at the appropriate rogiooal office. For informatainjuegsrdiva_tl�_ lcyhons.atxatbxr;. 257-53v-32n For i boon on the minim¢ nernit aoolication review process. nlease contact the Doris N. Strickland 6 Prankie 0. 36 Robin Rd. Roanoke Rapids, NC 27870 (Addressee/Owner of Record's Name and Address) 03/}7'/2005 �iUb (Date of lssaancc of 's Notice/ Mailed to Addressee/Owner of Record) -16- [salt Gibbs Rightrver Machine Rentals. Inc (Name of Applicant: Include Contact Person & Company Name, if Applicable) 497 Hoy Roanoke Rapide, NC 27870 (Address of Applicant) 03/28/2005 14:20 25253746 RIGHTMYER MACHINi. PAGE ��G NOTJCE Pursrmant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that _ Right-nver Machine Rentals, nc • — - has applied on 02/ 17 L005 (Applicant Name) (Date) to the Land Quality Section, Division of Land resources, North Carolina Department of l:nvirorunent and Natural Resources, 1612 Mail Service Center, Raleigh, 14orth Carolina 27699-1612, for (check ove..): (a) a new surface mining permit 9 (b) a MQdi&afiQu of an existing surface robiing permit to add land to the permitted area El The applicant proposes to mine Pit Gravel & Fill Dizfi: on 26�24' (Mineral, Ore) (Number) acres la.ated _ 3 5 ON files) Southwest of i2oanoke Rapids off/near road .3�S}bi n Rd (Direction) (Nearest Town) (Number/Ka me in �,....._ Halifax _ County. *SEE ATTACHED MAP FOR PROPOSED PIS RM.IT BOUNDARIES AND CORRESPONDING AMOINING LANDOWNER NAME S AND LOCATIONS* In accordance with C.S. 74-50(bl), the mine operator is required to make a reasonable effort to nc,dfy all owners of record, both public and private, of all tracts of land that are adjoining the wining permit borozudar,r; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owz�e� of record of tracts adjoining these tracts must a notified (that arc within 1,000 feet of the mining perm,iir. bouadary). In addition, the mine operator must also notify the chief administrative officer of the county or municipaUty in which away part of the permitted area is located. Any person. may file written comment(,) to thr Department at the above address within thirty (30) days of the issuance of this Notice or the fling of tjxe application for a permit, whichever is later. Should the Department determine that a signifac.-3,ut public. i tere.sc exists relative to G.S_ 74-51, a public hearing will be held within 60 days of the end of the 30-day coninic[if period specified above. A copy of the permit application materials are on file and available for public review during norm. a] bus�-zes:; how's at the above listed address as well as at the appropriate regional office. F xr,infornxaJiwLreggrAh1g_1ht! spisirto of t , pleaseconit..t��s�hc211nglel2hQn�it��kl�_, ;,c;2rP;-Ay_32.2 . For information on the mining permit application review process, please comtct tlic Mining Pro ram staff at (9I9) 7334574. please note that anon within the oYi5i.SirtS of. the_M.inin� �lct .of 1971 throughou�a______t the a iwioIi_1�Y�t 54' a final desi5'oi n as mama Uta14fl.3 tpli4' to ion. Frankie O. Strickland & Doris H. Strickland 3$ Robin Rd_ Walt Gibbs Roanoke Rapids, NC 27870 R�yer Mai ne Rentalfi, Inc. (Addressee/Owner of Record's (Name of App"vL-nfarcaadt--Co tact Person Name and Address) & Company Narne, if Applicable) 03/Xi72005 Ec1 497 Hw--y r (Date of Issuajce of this Notice/ (Address of Appltc;' ,- Mwled to Addre55ee/Qwner of Record) -16- a3/20/2005 14:20 2525374V RIGHrMVER MACHINJ, PAGE 07 NOTICE . Pursnam to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that Rlahtmyer Machine Rentals, Inc. _ _ has applied on 0 7'2005 _,_. (Applicant Name) (Date) to the. Land Quality Section, Division of land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Ralefgli, North Carolina 27699-1612, for (check (a) anew surface mining permit (b) a mndif inked of an existing surface mining permit to add land to the permitted aria The applicant proposes to mine nit r Avel s Rit t ni on 26.24 acres located 3.5 (Mineral, Ore) (Number) (Miles) Southveet of Roancko Raoids off/near road Robin Rd. (Direction) (Nearest Town) (umberfName) in, Halifax County - *SEE ATTACMW MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADIOINING LANDOWNER NAMES AND LOCATIONS* lR accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort to notify ail owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary: if an adjoining pact is owned or leaned by the appliranter is owned by the lessor of the mium tract, all owners of --cord of facts sdjoining these tracts must be notified (that are within 1,000 feeof the mining permit boundary?. In addict a, the mine operator must also notify the chief administrative officer of the county or municipality in which my part of the permitted area is located. Any person may file written comment(s)0 thi,, 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. Eor informaHanl'xg®stlineSiu; • .. lepatme mintbsr;. 2$ - 3 - 3 _ For ' ormati0n On the minima Permit aPPlica[ion review Process. Please contact rho. Loretta R. Rams Walt Gibbs 17 Robin Rd. - Ri4htr�er t�3chine Rental•3, Inc. __ (Addressee wner o ecor s (Name of Applicant: Include Contact Person Name and Address) &Company Name, if Applicable) x2' 497 :any oua:71200$,6U(� Rcannka- Rapids Nr 27R7P _ (Date of Issuance of this Noticel (Address of Applicant) Mailed to Addressee/Owner of Record) -i6- 83/28/2005 14:20 252537411 RIGHTMYER M4CHINJ, PAGE 08 NOTICE Pursuant to provisions G.S. 74-50(b1) of The Mining Act of 1971, Notice is hereby given that P,1q 1.4"�smra�;gr_hi nP RPnt-al , TMC.- -__ haS applied on 02/17LG?005`�.�__.... (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 am surface mining permit El (b) a modification of an existing surface mining permit to add land to the permitted a.rra The applicant proposes to mime Pit. iGravel & Zi I I ni rt, on — 9.r_'art acres locau!d (Mineral, Ore) (Number) (Mi.ies) in Southwq t of ' s-, KC - -- off/near road Robin Rd _ (Direction)(Nearest Town) (Number/NamO Halifax County - *SEE A,TI'ACHED MAP FOR PROPOSED PERMIT BOUNDAR ES .AND CORRESPOND N(I'r ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl.), the mine operator is required to make a reasonable effort to notify all ow-oers 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 owner;: of record of bracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator roust 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 cA)m rents) to th Department at the above address within thirty (30) days of the issuance of this Notice ar the filing of thf.'! application for a permit, whichever is later_ Should the Department determine that a signifiicarit 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 cozunr w.ni period specified above. A, copy of the t apppplication 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._olfiQ» .i - ---25a-537-32 For information on the mining permit Mining Program staff, at (919) 733-4574, Please note that the process, please contact tbe: nracess until a hnaLde vision is made bn the application. Ms. Christel Leigh Andldton AKA Chri.stel. Vaughn Walt Gibbs Cedar St Roanoke Rapids Rightrayer Machine Rentala, 1.,,Lc (Addressee/Owner of Record's (Name of Appplicant: Include Contact Person Name and Address) & Company Name, if Applicable) 03/2-�r/2Q05 `,(,rLd�l _ (Date of Issuance of this Notice/ Mailed to. Addressee/Owner of Record) -16- 497 Fray 48 Roanolic ROPa Os. Vc 2787C? (Address of Applicant) ® • MINING CHECKLIST FOR ROUTING Applicant's Name: I&AI n.w✓ /&JA41 P��� ect Name: Ae/'wi.( u !!. Applic./Fermit No.: County: V)"Jax. Date Received: a,9 OS' Reviewer. (llt�l�.��✓ River Basin Name: �L .0'4ew ❑Renewal❑Modificatlon(Inside permit boundaries) ❑Modification(outeidepermitboundaries) ❑Transfer ❑Release ❑ Partial Release ,ff' ddltlonal Information ❑ Fee Needed: $ ❑ Fee Received: $ r1J Regional Office (2 complete copiee: attach the "LQ5 Regional Office Mining Application Review Checklist" to one copy and attach k:4h the OWQ and DAQ "Mining Application Review Form" to the other copy; Send both copies to the Regional Engineer) Date: FoutcoP aL1r)S Rec'd ❑Division of Water Resources Date: Routed 1/IT Reed ❑ 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 5 pager of the application and any location maps to, ❑ Division of Parks & Recreation Date: Routed Rec'd _ ❑ 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'cl _ (Only new applications) ❑ Other. Date: Routed Rec'd **5ueipen5e Date for Comments: I i) 65' (no laterthan 25 days from receipt) GY!Plcase note the following: IF 03/18/2005 1s: 35 9197158B01 NC DENR DLR ® PAGE 02 �� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James 0. Simons, P.G., P.E. I - Michael F. Easley, Governor Director and State Geologist March 17, 2005 William G, Ross Jr.. Secretary Certified Mail Return Receipt Renuested 7002 3150 0003 7053 8938 Mr. Walt Gibbs Rightmyer Machine Rentals Inc. 497 Hwy. 48 Roanoke Rapids, North Carolina 27870 RE: Proposed Robin Mine Halifax County Roanoke River Basin Dear Mr. Gibbs: 7002 3150_0003 7D_ SS33 gg38 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: ✓'I. Access roads must now be considered within the permit boundary and within the affected acreage for all mine sites. As a result, the property owners Shell, Harris, �Andleton and those directly across from the access road on SR 1474 must be notified. 2. Provide proof, such as copies of the signed return receipts from certified mail, that the originally notified 3 landowners and those mentioned in No. 1 above have been property notified. �ady indicate on Sheet 1 of 5 the permit boundary. The permit boundary must include the access road, mine excavation ereas, buffers along the excavation areas to /other properties and buffers along any waterways and/or wetlands. "Vera] deficiencies in the sediment and erosion comrol plan were noted. An additional measure, such as a stone check dam, is needed in the roadside ditch below the proposed entrance culvert. The check dam can then be incorporated into the culvert outlet protection. �/5. An appropriate diversion channel liner must be proposed for both diversion ditches to the sediment basin. 1612 Mall Service Center, Raleigh, Nodh Carolina 27699.1612 •919-7334574 / FAX: 91g-733-2876 512 North Shclsbury Sheet, Raleigh, North Carolina, 27604 An Equal Opportunity I Affirmative AGion Employer-50%"el110%Post Consumer Paper 03/10/2005 10:35 9197158801 NC DENR DLR • PAGE 03 Certified_Mail Mr. Gibbs Page 2 �6T hemergency spillway should be moved to natural ground and not be placed within the embankment. Provide supporting data for the runoff coefficient or recalculate the basin capacities using a C value of .3. The peak discharge should be checked against the total spillway capacity. �pecify the number of holes and spacing in the riser. Provide dimensions and construction details for the concrete anchor, specifically how it will be connected to the riser. Please note, the !rand Quality Section may request additionai information, not included in this letter, as the mining application review progresses. The reclamation bond has been calculated using the information submitted in the application and on the mitre maps. The reclamation bond for this site would be $84,500. The calculation worksheet is enclosed for your review and the new bond will be required prior to approval of this request. For your convenience, l have enclosed a bond form, an assignment of a savings account Form and irrevocable standby letter of credit form for your use in securing the required bond. The name on the security must be the same as the name appearing on the application for a mining permit, i.e., Rightmyer Machine Rentals 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: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 83/1B/2005 10: 35 9197158801 NC DENP DLR PAGE 04 7 Certified Mail Mr. Gibbs Page 3 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. cerely, Judith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosures — bond fortes Bond worksheet cc: Mr. John Holley, PE Burr and Associates, 1400 Georgia Ave., Roanoke Rapids, NC 27870 ✓z_�g-Zoos TRANSMISSION VERIFICATION REPORT „ TIME : 03/18,12005 10:36 NAME : NC DEIAR DLR FAX : 9197156801 TEL : 9197333833 SER,# : xxxxrtxxxxxx DATE DIME 03,118 10: 36 FAX NO./NAME 912525374645 DURATION 00:01:42 PAGE(S) 05 RESULT OK MODE STANDARD EC14 Wr&e�.Z' Ci;lL1.M46TION 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: &S;Z - /J 37- WAy5� Ira From:,A W Date: S3( 17 695 �G�•`iwft a.`' 3s n''`�' 4t4;�-'.'€'°CCr v.' ' . ..t. 5 • 1 i 1 /. /I 0 "IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE US IMMEDIATELY AT (919) 7334574. comprEre TRIS SECTION f ON DEVVERY I SrINIDER: COMPLETE THIS SECTION e Complete Items 1, 2, and 3. Also complete A Signature , _ • Cemplete hams 1; 2, and 3. Also complete A glgre!ure 1 item 4 If Restricted Delivery is desired.' e Print your name and address on the reverse XI�L ❑ Agent ' item 4 if Restricted Delivery is desired - ❑ AdtlrBB.eB'; Print your name end address on the reverse-X ,p M /7 / -L;" 0 Agent ❑ Atldreas I so that we can return the card to you s Attach this card to no back of the mallpiece, D. Re Ived b eE Name) - - C. Date of Delivery. ` so that we can fetum the card to you ' r ? Attach this cab to the back of the ma Ip ca,• B 9ecelveJ q (Pmt Name) -. G. r D irerj ' or on the front if G OU' ^-or on the front if spacepertnRs, - ✓�lJl' I u'cJ. spacepennks. - Is very indent from rem0 17 yea If BM Fs dome bat ■ No I 1 Aftlde Addressed to D Is delivery tltl tllflenmf hem item lR If YES entertl livery address below OY . Amde Addressed! to: r 7 MR TONY FROWN. Q. MRS. BERTHA P ATLEN PO BOX 38 - J _,522 [twY 158' A f 1J . HALIFAX, NC 27839 _ - - _ ROANOKE RAPIDS,. -,NC 27870' - 3'3em eType de TY - - lad M in. p ❑ Figre¢5 Well c - -_ W i R Rxelpt 3 J -. q +� 1 CBrtifled Mel ❑ upres Mall Y -D _ • ., '. ages a aretl Nm for MerohvMlao w f .a&+ 1 Y Regist red ■Return Receipt n'D.Insercd for MerdhandlejJ - •Olnsuietl MaX ❑C.0 D:.— .-i�+„ ,.'?. ..1'. 'Or"•{ -i{. Mall -O-0.OA ," 1 ' •.- - 1 :' ,. . .'"+ `: 4. Resmcted OellveryR (FMra Feel ❑Yea.(. y - �- ' ;.,.^. _ - 4 Aelimdatl Dall - - - ._._. v¢ryR(ENaF ) ❑'YBe . Anlde Number : i `' 'i7004 1350. 0001 - 1240 k 2956 -.._ .., 2 MicroNumhe .'? .� irgm 71104 1350100014'124'o;;2970 I - t R homseMCB bba7 poste ser""I.. ., 'S Form 3811, February 2004 Dpnreslic Return Recalm tcesssoaudsad l PS Form 3811 February 20ti _.e 0emest R t R pt. � � j - ioxsssmtxtsaj - l d - D Agent I Print your name and address on the reverse CltPXatkxf 0Addressee i�•Pdht ycu�name andeddress tin the reverse:' _. !«SJJ ='Kt so that Wetall return Necard.to you. e.fle xrt-!by(Po-IeGN ) "' C case fO livery" sothatwe <azl RtWOthe Cdrtl lO you .',} gRe-ived by(Pnnkd Nemef. C. Data IveJry' I Attach this card to the back of the mailpiece, p, - Attach this'card tb the back Bl the malpfepa ! _ or the front if space permits: - � k^ - I , .Oran thefmnt if "space permits. Attlee Atltlreesetl to Dt tllry eLNe dXe tfiP them lT Dyee - "' D I¢tlelrvery etltl tlfl t�ctfm Item 1R ❑Yes 1 / ,,,i J ylt VE9 I tleljl.Bry tltl bale ®N yx-: i 1lPrtl le Pdtlrassetl�to N £ Y 4? ,1t If YE9 Mrdellvery tltlm beb ■No -� - I f £ } _ .� .rt'' ^l ' MRTYRONE°F a DANIbL is "� { s . MS: STEPHANIE L RA�Y� ` 7 ; - 1509' RHEA SMITH. ROAD'� �°' Cry - I "'' k �^ y sSa'. I 120 HAUTE DANIEL DRIVEw-�'e' ROANOKE. RAPIDS NC.y"'1f�0E I ROANOKE RAPI05 z NC 27870 - 3 Se TYPE 3 1Y n u F 3 Serv' TYpe ..t 1 `i CadlXetl MMI D ElWraea Mell d - f 'a+'- d - 'q r� i Cerl tied Mml ❑ Eapres Mal 1 u 0 Rep trnetl Return Receipt fMenthandlie " �. h 4 ❑Peg sl retl ®Return ReceptforMerchantllae ❑Insured Malt ❑COD. = 4 6+ -_ Y fi, l ❑.I rdtlM ll ❑COG ` t. a ,Re¢tdEteE.OBWeryl Mfrs Fee).. ❑ Ye s..'w . �. .l -. J xd ;z 4- FeatrlRetl DNFrepT r)•xae Fe 1 . D Yes I Article Number - i 2 full Nm'ber d: - ^ 7004 1350 ❑001 1240 2987 z - 7004 1350'0001 124D 2963 bbe4 :- t (� aterlrom aeMcelabYl_.._ S FOnll 3811, February 2004 Ibmeegc Ret r Rece Pt s%^4etrr,a ",,k toxsssozan`t3ag f�PS Foim38,1w1 Febiu`aryt2G04 ti wme¢d R nRecerpty- u - �';:, ck rdxss§dz�Masei IF C. 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 17, 2005 William G. Ross Jr., Secretary Certified Mail Return Receipt Requested 7002 3150 0003 7053 8938 Mr. Walt Gibbs Rightmyer Machine Rentals Inc. 497 Hwy. 48 Roanoke Rapids, North Carolina 27870 7002 3150 0003 7053 8938 RE: Proposed Robin Mine Halifax County Roanoke River Basin Dear Mr. Gibbs: 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: 1. Access roads must now be considered within the permit boundary and within the affected acreage for all mine sites. As a result, the property owners Shell, Harris, Andleton and those directly across from the access road on SR 1474 must be notified. 2. Provide proof, such as copies of the signed return receipts from certified mail, that the originally noted 3 landowners and those mentioned in No. 1 above have been property notified. 3. Clearly indicate on Sheet 1 of 5 the permit boundary. The permit boundary must include the access road, mine excavation areas, buffers along the excavation areas to other properties and buffers along any waterways and/or wetlands. 4. Several deficiencies in the sediment and erosion control plan were noted. An additional measure, such as a stone check dam, is needed in the roadside ditch below the proposed entrance culvert. The check dam can then be incorporated into the culvert outlet protection. 5. An appropriate diversion channel liner must be proposed for both diversion ditches to the sediment basin. 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) Affirmative Action Employer -50% Recycled 1 Io% Post Consumer Paper Certified Mail Mr. Gibbs Page 2 6. The emergency spillway should be moved to natural ground and not be placed within the embankment. 7. Provide supporting data for the runoff coefficient or recalculate the basin capacities using a C value of .3. The peak discharge should be checked against the total spillway capacity. 8. Specify the number of holes and spacing in the riser. Provide dimensions and construction details for the concrete anchor, specifically how it will be connected to the riser. Please note, the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. The reclamation bond has been calculated using the information submitted in the application and on the mine maps. The reclamation bond for this site would be $84,500. 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 form for your use in securing the required bond. The name on the security must be the same as the name appearing on the application for a mining permit, i.e., Rightmyer Machine Rentals 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: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 0 Certified Mail Mr. Gibbs Page 3 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the 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. $ipcerely, Judith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosures -- bond forms Bond worksheet cc: Mr. John Holley, PE Burr and Associates, 1400 Georgia Ave., Roanoke Rapids, NC 27870 ®hfmy/rndcfu e mye' � jJ�Noz APPLICATION FOR A MINING PERMIT �.gyhka AlLe, /J E. DETERMINATION OF AFFECTED ACREAGE AND BOND - NrLQC� C(ti6Mfl� The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the apprarimnte arreavgefor earn aS err nf the mining operntinnthat you intend to off ct during the (( pf this minin ermit (in addirtion. please insert the appropriate reclamation roWinrre far each mtegp�y from the Schedule of Reclamation Crests provided with this appliratinn ) OR you ran defer m the D�ftrznment to calculate your bondfor Wu based upon your mans and standard rartamation rests: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE" COST Tailings/Sediment Ponds: Ac. X $ /Ac. = $ Stockpiles: Ac. X $ /Ac. = $ Wastepiles: Ac. X $ /Ac.. = $ Processing Area/Haul Roads: IP9 Ac. X $ /000 /Ac. = $ Mine Excavation: /-%q Ac. X $ )Q /Ac. = $ 33 Other: Ac. X $ /Ac. = $ TOTAL AFFECTED AC.: 6i.'ti/ Ac. (TOTAPERMITTED C.: A PM Ac.) (3109r�35T57 IcMpQraly 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 andlor 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 a) Internal Drainage ,(0.L Acm a0 b) Positive Drainage //pp .qqtur Ac. X $1,500.00 = $ 01@t )IQ SUBTOTAL COST: $ do r%Qr Y3�] Inflation Factor 0.02 X SUBTOTAL COST: $ %�1 y3a dl X Permit Life (1 to 10 years): f0 INFLATION COST: $_ % yI O.i'f, , yD TOTAL COST = SUBTOTAL COST + INFLATION COST = $_ 4yo_. ppr Total Reclamation Bond Cost: $ P41 506 d! (round down to the nearest $100.00) 14- APPLICATION FOR A MI VP PERMIT • E. DETERMINATION OF AFFECTED ACREAGE A.NTJ 3ONT1 i ne iollowinq bond calculation wortrheer it robe :used ro es=Msh an ao of SMO ro V. COO per afecned acre) for each aermaied mine site bates Department ro be afjected during the life of the mining permit. ?fease1 /24gft�X, AOL,e, .:cryn�� r/c1� j4liil:ldta / ibasad upon a r ge ,,he acreage approved 9v:he AFFECTED RECLAMATION RE CLAN IATION CATEGORY ACREAGE COST/ACRE' COST Tailings/Sediment Ponds: Ac. X S /Ac. = S Stockpiles: Ac. X S /Ac. = li Was[epiies: Ac. X S /Ac. = S Processing Area/Haul Roads: � Ac. du X SL/Ac. = S YOM 00 :Mine Excavation: A4_ Ac. X s R&V' y�00 _ /A�. = s 37i Other: Ac- X S /Ac. = S TOTAL AFFECTED AC.: Olt V3 Ac. ( TOTAL PERbDTTED AC.: �&AY Ac.) 61,419 r.z 6-5- Sedimentation Tgmnoraryf8 Perrmnent & Frosion Control blew rer Divide the TOTAL AFFECTED AC. above into the following two categeties- 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 offsi[e sedimentation and sedimentation[o onsite watercourses and wetlands. a) Internal Drainage g..u9 Ac. b) Positive Drainage T Ac. X S1,50H).00 = S&a How .� SUBTOTALCOST: S 90 iI.3A0o InFlation Factor 0.02 X SUBTOTAL COST: 5 7,0q3200 r(Ito/ X Permit Life 10 years): O INFLATION COST: S TOTAL COST = SUBTOTAL COST + INNFLATION COST = S 5 ry Total Reclamation Bond Cost: $ P/ 6-0 60 (round dawn to the nearest $100..00) Robin Mine (42-16), Halifax Co. ® 0 Subject: Robin Mine (42-16), Halifax Co From: John.Holley@ncmail.net Date; Wed, 16 Mar 2005 23:46:04 -0500 To: Judy.Wehner@nemail.net We have reviewed the subject application and offer the following comments: (1) DAQ finds the plan to use water trucks to abate dust satisfactory, and expresses no other concerns. (2) DWQ finds the conceptual design to be acceptable, and believes the general permit conditions will satisfactorily address their concerns as long as we are satisfied with the proposed S&E measures. (3) While the general S&E concept appears acceptable, an addiiional.measure appears necessary... As "a minimum, a stone check dam is needed in the roadside ^bitch below=toe pfop`setl entrance culvex_e,",ddun �ng-its install ation_anclZ �6 `staT' zaation... Tie check -dam may be.incorporated=into_the=outlet-protecti on_a£ter_the' constructic7r. _ -r 9nt-_r __once=l's_stabilized. Other proposed measures need adjustment as indicated in the comments below. (4) Based on the submitted data (and considering the length of the access road ditches diverting runoff to the proposed sediment basin), the use of a properly designed temporary matting liner does not appear to be optional. EAi-appropriate-liner should be.proposed for both ditches,. (5) More complete supporting data-(and`design assumptions) are necessary' for the proposed sediment'basinl The proposed emergency spillway needs to be constructedin natural ground at the abutment of the proposed dam. More detailed information is needed to support the proposedrunoffcoefficient for the inflow to the basin (a C�of_at leasi_0'.3.a ears more consistent with the site conditions, which would` result'innificant increase in the peak runoff and required surface area). P.uither, the peak_ discharge, for -the 25 year storm needs to be checked against.the-total=spflIway capacity; (f-hThe maximum aggregate ousedo_area..needs, to be used to speensurehe_number, of -holes and soacina to be used on the riser L"Ttir"s aii'1-Re'To ensure that :he basin wfll fi11 appropriately antl nct 'dr`ain too fast. (7) Although the proposed concrete anchor for the basin a '(8-)-1n Tigh`t of the proposed maximum depth of the mine, it is recommended that the proposed.warning-berma_be-constructed_a-little higher to minimize. '-inadvertent ent ry, Although most of these comments are relatively minor, I would recommend that we have them addressed before the site is permitted in light of the close proximity to Quankey Creek. If there are any questions, please advise. v4 V C� - CLGu� P�� 1 �-A'wa�g \�L6�1'w.f QG�L��,t.tt.0 0 3/172005 8:41 AM • • NCGS Mine Permit Application Review Checksheet Application 10 &16 Los Complete This section Mach Pages 1.3 of Mina Permit Application Mina Name Robin Mine Company Name Righlinyer Machine Rentals Date Due LOS 3/1412065 Pertnll Type: ryew New - Renewal Modification -Transfer NCGS Complete This Section Commodity Ifill and gravel Geochemlatry nocomment Hazardous County Hagbx Minerals 7.5'Oesd IROANME RAPIDS Subsidence no comment Let(Decoeg) 36.424310 other 2_ Long (DecOeg)-77.n0920 Slope Stability 19850oobgic PZzy-Ttl. Map Unit Seismic Hazard rw comment HydrageoliNy Other no available Geologic Map Unit Mineral Resources Lithologg unknown Flood Plain Deposits Commends I1. At contact ofPast -nni uath deaths, and Tt- temace dew in steep Brews shoultl be done with extreme caution. Comments (Coal industrial arsenal 3. F(I— RF.IVRi� —I MAR 15 2005 Note: Seismic hazard value is the peak horizontal acceleration with a 10%chance of exce idence in 50 years. Reference Value is firm bedrock, actual site conditions may vary. Source - Nalbnal Setsmil,Hazard Maps Documentation, June 1996. U. S. Geological Survey Opal Report W532 (hdpllgldmaps.01 oeusgs.Bovlseishaz/pgat0.html). Record No 315 Reviewerl JCR .IJ ComplOatel 3I142005 Reviewe2 IRMW rw, ComplDate2 311N o NCGS Mine Review Checksheet-Database Rev. 2 112S100 ® a ® North Carolina Wildlife Resources Commission Richard B, Hamilton, Executive Director MEMORANDUM TO: Brenda Harris, Mining Program Secretary Land Quality Section North Carolina Department of Environment and Natural Resources and Walt Gibbs Rightmyer Machine Rentals, Inc Roanoke Rapids, NC 27870 FROM: Maria Tripp, Northeast Coastal Region Coordinator Habitat Conservation Section �.- DATE: March 14, 2005 SUBJECT: Mining permit application for Robin Mine, Halifax Comm, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (Commission) reviewed this permit application with regard to impacts of the mine on fish and wildlife resources. The mine site was visited on. Our comments am provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.0 661-667d), Section 401(b) of the Clean Water Act of 1977 (as antended), and the North Carolina Mining Act of 1971 (as amended, 1982; G.S. 74-76 et. seq., 15 NCAC 5). The applicant is requesting a new mining permit to mine fill dirt and pit gravel. The mine site is located in the vicinity of Roanoke Rapids, NC off of Robin Road (SR 1474). The total proposed tract area of Tract `B" is 23.55 acres, 18.74 of which can be excavated. The area will be planted in pine trees once mining is complete. The Commission recommends vear-round planting of kobe or Korean Icspedeza. winter -time planting of ryc or wheat, and summer -time planting of millet or sorghum to benefit wildlife in the vicinity of Quankcy Creek. Thaw plants provide erosion control, forage, and cover for a variety of wildlife until native grasses and the planted pine trees can become established . Sced types including fescue, common bermuda gmss, and scricca lespedeza provide limited benefits to wildlife, and may be highly invasive and inhibit eventual establishment of native grasses. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, phase contact me at (252) 948-3916. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Ralcigh, NC 27699-1721 Telephone: (919) 733-3633 oxt. 281 0 Fax: (919) 715-7643 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Qualitvr3eLG8 >r. - 1 James D. Simons, P.G., P.E. ""'""- ' Michael F. Easley,. Governor Director and State Geologist February 2 , 2005 William G. Ross Jr., Secretary MAR 15 NiIR MEMORANDUM A,�„<uouaxi. 7g3031 i TO: Ms. Maria Tripp e�7` Habitat Conservation Program Coordinator n' dlgq Wildlife Resources Commis ton C c OPP FROM: Brenda M. Harris - V-;R„_zY? Mining Program Secretary °j ti7 Land Quality Section 9l1191skbtti% SUBJECT: Mining Permit Application for Rightmyer Machine Rentals, Inc. Robin Mine Halifax 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 15, 2005 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 Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. lbmh Attachments cc: Mr. John Holley �`PP ,3-tj-zroS 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 1 10% Post Consumer Paper r NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor March 11, 2005 MEMORANDUM William G. Ross Jr., Secretary John Morris, Director TO: Brenda M. Harris :MAR " ID Mining Program Secretary Land Quality Section 4 2005FROM: Kristen B. McSwainiV ffCh7'tFlu Water Allocation Section Division of Water Resources SUBJECT: Comments on the Mining Permit Application Request for: Rightmyer Machine Rentals, Inc Robin Mine Halifax County Please find attached a copy of the mining permit application request for the above referenced project. The Robin Mine Site located in Halifax 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, Dupl in, 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. NorthCarolina 1611 Mail Service Center, Raleigh, North Carolina 27: www,n Naturally Phone: 919-733-40641 FAX: 919-733-35561 Internet: vrNw.ncwater.org INA 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 23, 2005 MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resour es FROM: Brenda M. Hard Mining Program Secretary Land Quality Section 0 Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary SUBJECT: Mining Permit Application for Rightmyer Machine Rentals, Inca Robin Mine Halifax County ❑Mine Dewatering Proposed ® No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation ' having unduly adverse effect on March 15, 2005 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 tap 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. Kristin Hicklin at (919) 733-4574 if you have any questions. I'LOT,ZI Attachments cc: Mr. John Holley 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 0 0 X - Approximate location Robin Rhine 42-1 S s 10 Log In #:� DPR/RRS Mining Permit Application Review RRS Contact: Name of County: Proposed activity is > If yes, identify the park: Manageclagency name: (contact name): 0 k (phone; fax): (e-mail): to Review conducted by: is not within 5 miles C 2 dsa- aa-ss � •48a- 33a (44ne VxC'.=tn`r, v blic park or recreation area. Roes A Ae - H�(Cpax (0� (A&rts f..WiCV--r V2o�aae lVet's P4 R rasa-ss)-asv� asa V3- a8S3 Gw;LLV6) foo-"bLe l-'rtS nc. cnw` Date: 3-q-o!� PLEASE RETURN APPLICATION MATERIALS WITH YOUR REVIEW/COMMENTS. YOU CAN ALSO E-MAIL YOUR COMMENTS TO: Adrienne.McCoi rKnlncmailm THANKS! Return form and materials to: Adrienne McCoig DENR/Division of Parks & Recreation 1615 MSC Raleigh, NC 27699-1615 (Please Print on COLOR Paper) R�CENED MAR 14 p005 LAND DUALITY SECTION p�"rP C�Jo TP \�I • • 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 u uIc:6- w February 23, 2005 Michael F, Easley, Governor William G. Ross Jr., Secretary TO: Mr. Lewis Ledford, Director RECEIVED Division of Parks a� d� _R r ation FROM: Brenda M. HarrisZ= MAR 14 2005 Mining Program Secretary Land Quality Section LAND QUALITY SECTION �j SUBJECT: Mining Permit Application for Rightmyer Machine Rentals, Inc. Robin Mine Halifax 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 March 15, 2005 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 io 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 Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. John Holley 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 o 919-733-45741 FAX:' 919-733-2876 512 North Salisbury Street, Raleigh., North Carolina, 276D4 An Equal opportunity 1 Affirmative Action Employer -50%Recycled 110%Post Consumer Paper REC PAR'KSEz WMEATI9 05 MAR " 3 PM 5: 26 • r• P" "T United States Department of the Interior k FISH AND WILDLIFE SERVICE - Raleigh Feld Office _ Post Office Boa 66726 Raleigh,Non1ihrolifu276563]26 March 9, 2005 Mr. James D. Simmons Director and State Geologist NCDENR-Division of Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1.612 Attn: Brenda M. Harris Dear Mr. Simmons: The U.S. Fish and Wildlife Service has reviewed the projects advertised in the following mining applications. Due to staff and funding constraints, we are unable to adequately address the subject proposals at this time. Therefore, we are taking no action on the following mining permit applications. APPLICANT NOTICE DATE DUE DATE Din Boys 02-23-05 03-14-05 Rightmyer Machine Rentals 02-23-05 03-I5-05 Should you have any questions regarding these comments,. please contact Mr. Mark D. Boners at (919) 856-4520, extension 19, or at the above address. Sincerely, /4tirc Pete Benjamin, Ecological Services Supervisor 11 MA A FILE Copy Y North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. February 3, 2005 Michael F. Easley, Governor Director and State Geologist MEMORANDUM TO: Dr. Garland B. Pardue Application Review Coordinator U.S. Fish and Wildlife Se ice FROM: Brenda M. Harris Mining Program Secretary Land Quality Section y William G. Ross Jr., Secretary o� OS SUBJECT: Mining Permit Application for Rightmyer Machine Rentals, Inc. Robin Mine Halifax 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 15, 2005 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. Kristin Hicklin at (919) 7334574 if you have any questions. lbmh� Attachments Fie t 8 cc: Mr. John Holley 1612 Mall Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opponunity I Affirmalive Action Employer- 50%Recycled 110% Post Consumer Paper r-a O rz_ y yF_Nre .ynp RECEIVED MAR 08 2005 North Carolina Department of Cultural Resouic".eiLITY SECTION State Historic Preservation Office 141n R.5onJevrk AJminuuumt Alichod I'. Iiiii wans', ixMM7r Uffire ofHisea and Iwax JcrfbI: w. pury Sry Divi n ofk,Di [nl Nanurccn JuflnyJ. Cnnv. Dcpury ,v'cercmry DaeW Nmnk, Dircnor March 4, 2005 MEMORANDUM TO: Floyd Williams Land Quality Section Division of Land Resources, DENR FROM: Peter B. Sandbeck SUBJECT: Application for Mining Permit, Robin Mine, Halifax County, ER 05-0392 Thank you for giving us the opportunity to review and comment on the above project pursuant to Chapter 74, Article 7 of the North Carolina General Statutes. Because of the location and topographic situation of the proposed project area, it is unlikely that any archaeological sites which may be eligible for 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 require further consultation with us and compliance with Section 106 of the National Historic Preservation Act. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-733-4763. ADSENWRATION Sir N. KIUnt Stmei, R,169h INC 4617 Nii&:tic Cmns R,11gh NC 21699.160 ReNrOMTION 515 N. Uour Sump R]Ingh NC *11 Sim] Smirc Cnmt, Rilegh NC 276%- 7 SURVEY & PLANNING 515 N. RIoum Stm,k, RJvipf, NC 46I7NWSm4,Cmm, R,iRh NC27699.9617 ®, • MINING CHECKLI5TvjFFO�KK'KOUTIN (G�' /J Applicant's Name: RU414'/i A/ //&J,.° Project Name: 1� Applic./Permit Nolwdh� County: Date Received: 19 05 Reviewer. %4River Basin Name: JdAJ 'New ❑Renewal ❑Modification (inside permit boundaries) ❑ Mod fication (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release ❑ Additional Information ❑ Fee Needed: $ Fee Received: $ oZSO o0 implication Office � . Regional Office (2 complete copies: attach the "LQ5 Reg�io=n 1.1 Office Mining Application. Review Checklist" to one copy and attach h9th De WQ1 �AC "Mining Application Review Form" to the other copy; Send both copies to the Kr�,bbJa�'FEngineer Date: Routed I�ec'd P'Division of Water�Re6'sources Date: Routed Rec'd ,AC Wildlife R Sources Commission Date: Routed Rec'd 6 5 Fish &Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Division of Parks & Recreation Date: Routed 42. /n.C�R'ec°d _ ,09C Geological Survey Section Date: Routed ( I Rec'd _ (Only new applications and modification requests that add land to the germ it) Division of Archives & History Date: Routed & � oSRec'd _ (Only new applications) , ❑ Other: Date: Routed Rec'd "Suoperl.5e Date for Corl ment5: q IS Q (no later than 25 days from receipt) �Wlease note the following: 77°"Io.001p 77.43'o.00• n°42a.oa^w r— +! J�.1 wri `.' ;i��� /� r' a��•i d,�' f _ lam' ti�f) (� 1 VA)�i�C( / a 1 Z� v �pf�,� 2P /� -� I IHiI HAY l /H/ �� � 11,m'�f,�/ �( ilai �l i,(/��� ��l?-l�Vvv V\�m��/v�1\ w.✓ �. _ l'- w v _a Ly CD n° 44i o.ao^ n° 4r o.qo^ vi— Name- ROANOKE RAPIDS Location: 0386 25' 27.7" N 0770 43' 15.6' W Dale: 3/14/2005 Scale: 1 inch equals 2000 feet C pydaht (C) *97, WMp , Inc. 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 Slate Geologist February 23, 2005 William G. Ross Jr., Secretary MEMORANDUM TO: Ms. Maria Tripp Habitat Conservation Program Coordinator Wildlife Resources Commis Ion FROM: Brenda M. Harris& Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Rightmyer Machine Rentals, Inc. Robin Mine Halifax 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 15, 2005 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 he 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 Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. John Holley 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 Afllrmaiive Action Employer- 50% Recyclec 110% Post Consumer Paper A7 j7A 0 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, P.G., P.E. Director and State Geologist 11 110:: P U Land Quality Section February 23, 2005 TO: Mr. Lewis Ledford, Director Division of Parks a d_Ragr4pafion FROM: Brenda M. Harris Mining Program Secretary Land Quality Section Michael F. Easley, Governor William G. Ross Jr., Secretary SUBJECT: Mining Permit Application for Rightmyer Machine Rentals, Inc. Robin Mine Halifax 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 March 15, 2005 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. Kristin Hicklin at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. John Holley 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 / FAX: 819-733-2876 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.Resources Division of Land Resources Land Qualityy Section James D. Simons, P.G., P.E. February 23, 2005 Director and State Geologist MEMORANDUM TO- Dr. Garland B. Pardue Application Review Coordinator U.S. Fish and Wildlife Se ice FROM: Brenda M. Harris Mining Program Secretary Land Quality Section Michael F. Easley, Governor William G. Ross Jr., Secretary SUBJECT: Mining Permit Application for Rightmyer Machine Rentals, Inc. Robin Mine Halifax 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 15, 2005 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS .�I��[*$ Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. John Halley 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574! FAX: 919-733-2876 512 North Sarisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper ATj:7A 0 NCDENR - North Carolina Department of Environment and Natural.Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. February 23, 2005 Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary MEMORANDUM TO: Ms. Renee Gledhill -Earley Application Review Coordinator Archives & History FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Rightmyer Machine Rentals, Inc. Robin Mine Halifax County Please find attached for your review a copy of the mining application request for the above referenced project. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all 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 significant archeological resources and/or human skeletal remains would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. TalMI Attachments cc: Mr. John Holley 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 1 10% Post Consumer Paper NCDENR. North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.F. Michael F, Easley, Governor Director and State Geologist February 23, 2005 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resour es FROM: Brenda M. Harri Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Rightmyer Machine Rentals, Inca Robin Mine Halifax County ❑Mine Dewatering Proposed © No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on March 15, 2005 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. Kristin Hicklin at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. John Holley 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 imap:l/Brenda.Harris &r s.ncmaiLnet:l43/fetch%3EU1D`Y03EISen... Subject: NOTICE OF MINING PERMIT APPLICATION From: Brenda Harris <Brcnda.Harris@ncmail.nct> Date: Wed, 23 Feb 2005 10:41:17 -0500 To: "Senator Frank Ballance, Jr." <Frankb@ncleg.net>, "Representative Gordon P. Allen" <Gordona a ncleg.net>, "Representative James W. Crawford, Jr." <Jimcr@ncleg.net>, "Representative John D. Hall" <Johnh@ncleg.net>, "Senator A. B. Swindell" <abs@ncleg.net>, Floyd Williams <Floycl.Williams@ncmail.net>, Mell Nevils <mell.nevils a ncmail.net>, Jim Simons <J1m.Slmons@ncmail.net> N. C. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES TO: Halifax County Senators and Representatives FROM: Division of Land Resources, DENR SUBJECT: Notice of Mining Permit Application DATE: February 23, 2005 In an effort to keep you informed of activities in your area, this is to inform you that an application for a new Mining Permit, or an application to expand an existing mine in Halifax County has been received by our office. The following notice is required to be sent by the applicant to all adjoining landowners and to the chief administrative officer of the local government. If you have any questions concerning this application, please contact Mr. James D. Simons, Director and State Geologist, Division of Land Resources at 919-733-3833 or mailto:Jim.Simons(u7,ncniail.net . Pursuant to provision C.S. 74-50 (bl) of The Mining Act of 1971, Notice is hereby given that Rightniyer I17achine Rentals, Inc. has applied on February 18, 2005 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 fill dirt and pit gravel on 23.55 acres of land located 3.5 miles Southwest of Roanoke Rapids oft/near road Robin Road in Halifax County. In accordance with G.S. 74-50(bl), 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 f of 2 2/23/2005 10:41 ANI F . irnap://Brenda.Harris cis.iicnriiI.net:I43/fetch%3I:UII)'%,3E/Scn... 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 C.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity, please contact the applicant at the following telephone number: 252-537-3233. For information on the mining permit application review process, please contact the Mining Program staff at (919) 733-4574. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Alining Act of 1971 throughout the application review process until a final decision is made on the application. Name & Address of Applicant, including Contact Person & Company Name if a a licable: Mr, 'Tyrone F Daniel 120 Ralie Daniel Drive Roanoke Rapids, NC 27870 2 of'2 2/23/2005 10:41 AM r1 U rII_ NCGS Mine Permit Applicatlon Review Checksheet Applkaaan ID I.ascompblemlaacuw Attach vales to of Mine serene Application Mine Noma Company Nam ���t, i /y r � Data We bOS PemdtT New -Renewal n�oaincqugp.?ragatar HCGS Complete mrs Section emmmdiry Geachemisuy Hazardous County Menemb 7.5'Dum Subsbence �— LON(Dwea) bore DacDep) Sbpe StaWliry �-- 15195 Geobpic Map Unit Galamk HazarC HyEroi;wI py tither Geo"W Map Unit Mineral Roscumos Nolopy, Flood Plain Depa:im commerce Comments (C Cd) Nate: &Namb herartl velua is me peak InrlionMl eccelemtlon wits a t0%chana olaxcaetlena In °Ayears. Reference value Is firm betlmrk, actual site nanditlens may very. Source • Nellonal Seismic -Hazard Maps Docurna melon, June 1906. U. S. Geobplwl Survey OpenFae Report 9&5]2(htlpulpltlmapa.Oicr.uapa.povlseuhaLppef 0.aM1). Reoord NoF Roviewarl ComplDaut' I — Reviewea r ComplDate2 r_ NCGS Mine Reime Chackshest-0atabass Rev.a 11nn1Vaa m7' 44 am° W Pn• e3 0.00" V4 Pn• e2 0.00 W C. ll�� JA (C— `�.-� 'p, J�Z.�_ J .� 6. 6��y` _ �iddd /,;' Tjj � \_.-�. �.i �l/�� ��Sl P� _ � .�� � 1 l 11 lq: _•a V/' i-��-e� !'9!( 1� ll�� -�,�Kr ' ->�'+: cam. �)i 11 �.1 I I I b".a10.00"VJ b77'43{0.00-vJ M-42-10.OFIN I m Name: ROANOKE RAPIDS Location: 0364 25' 27.5" N 07T 43' 15.3" W Date: 2/18/2005 Scale: 1 inch equals 2000 feel E rn u ,.,E cwcK Is MOVE OS, ". E„ INNS INL v . w AMolxr AI:7 wWawwces SEES S%o OlRrt an 2.50 IOW ROUCIICMS .EipEROF (MELE �'•• aso RIGHTMYER MACHINE IP95 55507 RENTALS, INC. 497 HM. Q PH. M-S074= ROANOKE RkMDS, NC 27870 6HlI�I oATE�._Ll. '.1C,.1S PAYTOTHE " ORDER OF. �.�(��/y^�'�•��a�_., __. _ate._- _ ..• 1 A iCiUM'0D 20 nQtSCZQ ffs DOLLARS ®RBC' RIGHTMYER MACHINE REWALS, INC Centura flBL Gnus NU www.. Reph XC znm RECEIVED NORTH CAROLINA DEPARTMENT OF ENVIRONMI NT AND NATURAL RESOURCES FEB 18 2005 LAND QUALITY SECTION UNO QUOLITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Robin Nine County Nalifax River Basin Rpa ke Latimde(dd.mm.ss) 36.25.22 Longitude (dd.mm.ss) 77.43.16W 2. Name of Applicant* nighr?,or Machin RPnra)a Tn._ 3. Permanent address for receipt of official mail** 497 Hwy 48 Rprmke Rapids. NC 27.670 4. Mine Office Address ISame Telephone come 5. Mine 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 Print No chn M. Ri htm Title * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. ** The 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 �application or, if a public hearing is held, within 30 days following the hearing and the filing of anI supple�mental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. APPLICATION FOR A MINING PERMIT ■ VOTE: 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: 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): 23.55 . Of this acreage, how much is owned and how much is leased? Acres owned:23,;,15.5_ Acres leased: 0 Property owner if leased: W.A. 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.: N/A Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): N/A c. If this is an application fora MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.:N/A_ Total permitted acreage: Does the modification involve acreage witthe previously approved permitted boundary? Yes_ No_. If yes, indicate (lie 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.: N/A Total permitted acreage: N/A __ ■ 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: 3. Mining method: Hydraulic Dredge Front-end Loader & Truck X Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain) -2- 0 o APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) _-'ia Et - Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Natural ground level 5. b. Expected average depth of mine (feet) �)'; Ft Has any area(s) at this site been mined in the past? Yes No X if yes, when and by whom.was this activity conducted? 6. Number of years for which the permit is requested (10 years maximum): 10 Years 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`( copiu 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 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years;- thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i, Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. in. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100 year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the 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: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale b. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCAL E 0-99 Acres 1 inch = 50 feet 100-499 Acres 1 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 None Stockpiles Wastepiles None Processing Area/Haul Roads None Mine Excavation 18.74 Acres Other None 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. 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. 1. Construct access road to mine site. (plans sheet 2) 2. Develop access road through site and construct sediment basin and clear initial area for development. 3. Excavation of fill dirt and Pit Gravel. 4. Grade per contours per site development(plan sheet 3). 5. Seed and mulch as necessary.- 5. Set out pine trees. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations shalt be required when needed to justify the adequacy of any proposed measures. 1. Install culvert at Robin Road, rip -rap apron, and construction entrance. 2. Strip and remove topsoil from access road and install abc stone surface. 3. Install sediment basin and rip -rap apron. 4. Begin excavations proceding up grade from the low point at the sediment basin. Seed and mulch slopes as.significant areas are brought to finish grade. 5. Maintain erosion and sediment controldevices, touch up, or reseed and mulch as new areas are graded or as required. 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 No x . !f 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). IE APPLICATION FOR A MINING PERMIT Will any part of the proposed mine excavation(s) extend below the water table? Yes_ Now. If yes, do you intend to dewater the excavation(s)? Yes_ NoNZ.A-. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: 0 Locate all existing wells on the mine map(s) that lie within 500feet 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. N/A 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes No X . If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? Water Trucks -7- 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). Tewnty-five (25) Foot buffer shall be maintained. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands _unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. ' How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). Fifty (50):Foot buffer shall be maintained. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. 3:1 slopes shall be maintained. am ® 0 APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine maps) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. N/A 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). 2:1 d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross - sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. N/A 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. All areas surrounding permit boundaries undeveloped more than 500 Ft. 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). Gate at end of access road, soil berms at top of slopes at edge of buffer areas. ® 0 APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes Na 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 maps) and provide cross - sections through all proposed berms or proposed spacings, sizes and species for tree plantings. Acess road to excavation area will be only view of site. Natural buffers will be maintained on all sides. Visability will be very Limited to outside of active excavation area. 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? No. 11. Will explosives be used? Yes No x 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. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes_ No-x-. If yes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the location(s) of all storage facilities art the mime map(s). _10- APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan and the location (s) of all permanent channels must be indicated on the reclamation map. - Develope'final bottom and slope grades per mine development map (plan sheet 3). 'Seed, mulch and tack or matt all disturbed areas in. -a timely manner and with the seeding specifications (plan sheets). - when mine development is completed and all areas well stabilized with grass, remove the sediment basin to match grades of surrounding areas. Refurbish or rebuild silt fence along.low side of disturbed area. Construct permanent discharge Swale, seed and mulch, tack or matt. - Plant pine trees. 2. Is an excavated or impounded body of water to be left as a part 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 -sections) through the proposed body(s) of water. The minimum water depth must beat least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes No . If yes, specify species. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. N/A 0 Ll APPLICATION FOR A MINING PERMIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site Mille waste areas, including specifications for benching and sloping. Final cross -sections and locations for such areas must be provided on the reclamation trap. - No Waste. All materials will be used within the construction industry. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. - Grade, stabeli.zewith seed and mulch and trees. b. Will any on -site roadways be left as part of the reclamation? Yes No x If yes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization. 6, Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971). No off -site gecatedwaste shall be disposed of on the mine site without prior written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with a list of items to be disposed in said areas- - None Generated -12 - 1J 1-1 L 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-roundsredne, 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): 2 Tons / Ac. FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): 800-1000 lbs 10-10-10 SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] - Per attached seed specifications from plans sheet 5 MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Signature Date Print Name Title Agency -13- APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The followingg bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the aoowmartle acreage for AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: -0- Ac. X $ /Ac. = $ Stockpiles: -0- Ac. X $ /Ac. = $ Wastepiles: -0- Ac. X $ /Ac. = $ Processing Area/Haul Roads: -0- Ae. X $ /Ac. = $ Mine Excavation: 18.74 Ac. X $ 2000 /Ac. = $ 37,480 Other: -0- Ac. X $ /Ac. = $ TOTAL AFFECTED AC.: 18.74 Ac. ( TOTAL PERMITTED AC.: 7i.ss Ac.) ]'elppnrar�& Permanent Sedimentation & Erosion Control M as r r 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 offsile sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage 18.79 Ac. X $1,500.00 = $ 28,110 SUBTOTAL COST: $ 65590 Inflation Factor: 0.02 X SUBTOTAL COST: $ 1311.80 X Permit Life (I to 10 years): 10 years INFLATION COST: TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 78.708 Total Reclamation Bond Cost: $ 7A 700 (round down to the nearest $100. 00) -14- 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 nine 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 be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. N-QM- THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS A�M ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(b1). ■ SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -15- s NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that --Right-myer Machine Rontals, Inc- has applied on 02 1,7/2005 (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 El (b) a mW ificaWm of an existing surface mining permit to add land to the permitted area The applicant proposes to mine Fill Dirt & Pit Gravelon (Mineral, Ore) 23 r55 acres located 3.5 (Number) (Miles) Southwest of Roanoke Rapids off/near road Robin Road (Direction) (Nearest Town) (Number/Name) in Halifax County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), 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 moist 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 continent 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. Forvegardbg_tU 252-537-3223 . For information on the mining permit application review process, pfease contact the Mining Program staff at (919) 733-4574, partment will consider anv relent written rnmments/documentation within the provisions of the Mining Act of 1971 thr_ouehout the apP1kation review process until a final -decision iapplication, Mr. Tony Brown - Halifax County Assistant manager Rightmyer Machine Rentals, Inc P.O. Box 38 Galt f-,, hh.- (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) 497 Hwy 48 _ 02 /20{7 Roanoke Rapids, N.C. 27870 (Bate of issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record) -16- NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that Rightmyer Machine Rentals, Inc. _ has applied on 02/17/2005 (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 0 (b) a modification of an existing surface mining permit to add land to the permitted area The applicant proposes to mine Fill Dirt & pit Gravel on 23=55 acres located 3.5 (Mineral, Ore) (Number) (Miles) Southwest (Direction) in Halifax of Roanoke Rapids _ off/near road Robin Rd. (Nearest Town) (Number/Name) County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), 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 comments) 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. E�rmation mgardiugAhe 252.,5.,12-.3223 .. For information on the mining permit application review process, please contact the Mining Program staff at (919) 733-4574. Please note_t11at the Department _wil.1,_onsidrm-any relevant written yuehnu_ t the aunT lication review proc�til a fillal decision i made on_the w2plication Mr. Tyrone F. Daniel Rightmyer Machine Rentals, Inc. 120 Ralie Daniel Dr. (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) 497 Hwy 48 02/17/2005 Roanoke Rapids, N.C. 27870 (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record) -16- NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that Rightmyer Machine Rental,g, Inc- has applied on 02 l7 2005 (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 neA surface mining permit El (b) a modification of an existing surface mining permit to add land to the permitted area The applicant proposes to mine Fill Dirt & Pit Gravel on 25.55 acres located 3.5 (Mineral, Ore) (Number) (Miles) in Southwest of _ RQAnoke Rapids, N c_ off/near road Robin Rd. (Direction) (Nearest Town) (Number/Name) Halifax County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), 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.- Eor_,informati:o�garding-the 252-537-3223 . For information on the mining permit application review process, please contact the Mining Program staff at (919) 733-4574. meant written c0mmentsldocumentation within the provisions of the -Mining Act of 1971 throug out theappliQation review erocess until a_fin dgcision is made on the application. Mrs. Bertha P. Allen Rightmyer Machine Rentals, Inc. 522 Hwy 158 _ Roanoke nJ A - ". r. 27279- - (AddresseelOwner of Record's Name and Address) 02/17/2005 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) Walt- ni hhs (Name of Applicant: Include Contact Person & Company Name, if Applicable) 497 Hwy 48 (Address of Applicant) -16- NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that Rightmyer Machine Rent___ 11s ` Inc • _ __ has applied on _ _ 02/17/2005 _ (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 S (b) a modification of an existing surface mining permit to add land to the permitted area The applicant proposes to mine Pit Gravel & Fill Dirt on 23.55- acres located 3.5 (Mineral, Ore) (Number) (Miles) Southwest of Roanoke Rapids _ off/near road Robin Rd. (Direction) (Nearest Town) (Number/Name) in County . *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), 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 continent 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 regarding the 252-537-3223 For information on the mining permit application review process, please contact the Mining Program staff at (919) 733-4574. Please note that the Department will consider any re cyant written comments/documentation within the provisions of the Mining Act of 1271 throughout_thp application review pfinal process until a decision is made on the application. _.� Ta Ms. Stephanie L. Ray Rightmyer Machine Rentals, Inc. 1509 Rhea Smith Rd. Walt Gibbs ressee weer of ecord's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) 497 Hwy 48 02/17/2005 Roanoke Rapids, N.C- 27870_ (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record) -16- 0 O : APPLICATION FOR ,A MINING PC•RNIIT AFFIDAVIT OF NOTIFICATION 1. John M. Rightmyer • I. . , an applicant, or an agent, or employee of an applicant, for a new Ylinine, Permit, or a modification of an existing Mining Permit to add land to the permitted area, from [he 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 adjoinine 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) Stepahnie Lynn Ray 1509 Rhea Smith Rd. Roanoke Rapids, N.C. 27870 Bertha P. Allen 522 Hwv 158 Roanoke Rapids, N.C. 27870 Tyrone F. Daniel 120 Ralie Daniel Dr. Roanoke Rapids, N.C. 2787 a gFure Machine Renta s in H 9 Roa a Rapids,N.C. 0 (%ttach addi[iona! ls[ i necee sary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said office at the following address: (Chief Administrative Officer Name) (Address) )City Manager, County Manager, Mayor, etc.] /iMr.Toa Brown - Asst. Count y y Mgr., P.O. Box38, Halifax, N.C. 27839 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any pan 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. Signature of Ap can Date erson executing A( avit is an agent or employee of an applicant, provide the following information: (Name of applicant) To js n /In, Rim » /`-' ; (title of person executing Affidavit) _ prre11 A-- 1, L Nna_N awKiNs a Notary Public of the County of ldagti7gx State of North Carolina. do hereby certify that personally appeared beforeme this ria' -and under oath acknowledged that the above Affidavit was made by him/her. Witness my hand and notarial seal. this \ V"h day of 20 06 Notarv: My Commission expires: -)Dtic� aa.5-ool -17- ' 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 bondforfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: Rightmyer Machine Re tals, Inc. APPLICANT*Rigtm r Machine Rentals, Inc. Signature: y - umature:'e : Print Nam John M. Ri er - Pr Print Na inter, m. Riahtmyer - t Address: Title: Roanoke Rapids, N.C. 27870 Company: _Righrmyor Machine Rentals Inc Telephone: 252-s37-3293 Mine Name: *Signature must be the same as the individual who signed Page 1 of this application. s (see next page for fee schedule) in the form a check or money wriment or Environment and Natural Resources must be sent to at the address listed on the front cover of this application form. Inquiries regarding the slams of the review of this application should be directed to the Mining Program staff at (919) 733-4574. 1111rE ' MINING A nonrefundable permit application processing fete when filing for a new mining permit, a major permit modification or a renewal permit is required as follows: TYPE ACRES NEW PERMIT MAJOR RENEWAL MODIFICATION Clay 1 but less than 25 $500 $250 $250 25 but less than 50 1000 500 500 50 or more 1500 500 500 Sand & 1 but less than 5 150 100 100 Gravel, Gemstone, and 5 but less than 25 250 100 100 Borrow Pits 25 but less than 50 500 250 500 50 or more 1000 500 500 Quarry, 1 but less than 10 250 100 100 Industrial Minerals, 10 but less than 25 1000 250 500 Dimension Stone 25 but less than 50 1500 500 500 50 or more 2500 500 500 Peat & 1 or more 2500 500 500 Phosphate Gold (Heap Leach), 1 or more 2500 500 500 Titanium & Others A nonrefundable $50.00 perttut 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 ruining 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 lite site. Acres for major modification of permits means that area of land affected by the modification within the permitted mine area, or any additional laud that is to be disturbed and added to an existing permitted area, or both. 1012000 -19- Francis NI. Nevils, Jr., P.E. James D. Simons, P.G., P.E. - Chief Eogreeer Caroline MedBo, E.I.- Ser immt Edurallon Section Chief David H. Ward - Sediment Specialist Specialist Land Quality Section ' - Assinant Sedhaeat Specialist 1612 Nail Service Cemer Tracy E. Davis, P.E. - hfioiog Specialist Tabitha Brown - Sediment Education Loan Raleigh, NC 2969P1612 Judy Wehner - Assistant Mining Specialist ' - A Idard Mining Specialist Secremwas Shlppr.,v Addreew Lend Quality Section I - Data Safely Engincer Wendy Sposto - Lead Secretary 512 North Salisbury Street Tam Dodd, E.I. - Assistant Data SWdy Engineer Stephanie Lane - Sedmevt & Dams Raleigh, NC 216(vt Jam" Caldwell, E.I. - Assinaat Data Safety Susan Edwards - Nlimng Engineer LAND QUALITY SECTION REGIONAL OFFICES Carrier - 52.01-00 Telephone: 1919) 7334574 FAX No.: (919) 715-8801 Greg Taylor - LAN Coardivator ASHEVILLE MOORESVILLE WINSTON-SALEM RALEIGH RICHARD PHILLIPS, P.E. DOUG MILLER, P.E. MATTHEW GAM, P.E. JOHN HOLLEY, P.E. Intec<lamge Bldg. 919 North Main Street 585 W'augbtuwn Street 3800 Basxt Drive 59 WmdOa Place Morresv0le, NC 28115 Wiuto male n, NC 27102 Raleigh, NC 2709 MbevOle, NC 28801 COURIER - I3-1S 01 INTEROFFICE COURIER -IMMI COURIER-0A98-06 (336)7914600 (919)5714M (US) 2513208 (704) 66}1699 FAX J (336) TJ14631 FAX d (919) S714718 FAX J (828) 251-6152 FAX d (704) 66I-6040 Almranre Allegheny Asbe Chatham Durban Edgecomhe Avery Bmscambe Burke Alexander Lincoln Caswell Davidson Davie FraNdia Graaville Halifax Caldwell Cherokee Clay Cabarras MecUmburg Forsyth Guilford RocYJngham Jahuctoa Lee Nash Graham Haywood Heafiaou Catawba Rowan Randolph Stokes Sorry Northampton Orange Person Jackson Match Madison Cleveland 51aniy Wamuga Wilkes Yadkin Vance Wake McDowell Mitchell Palk Gruen Union Warren Wilson Rutherford Swain Transylvanian 4edeB Yancey FAYETTEVILLE WILMINGTON WASHINGTON WILLIAM (TOBY) VINSON, P.E. DAN SAMS, P.E. FLO" WILLIAMS, P.G. 225 Green Serest 122 Cardinal Drive Ext. Pea Washington Square 61aB State 714 WOadagton, NC 28405.3845 Washington, NC 21899 Fayetleville, NC 28301 COMER -169 01 COMER-14.56.15 COURIER - DL1633 (252) 9a6fi481 (910) 486.1541 (910) 395-3900 FAX N (2$2) 975.3716 FAX J (910) 486-0207 FAX J (9t0) 350.2019 Bmufart Berne Camden Cloonan Anion Montgomery Scotland Bru¢vwick New Hanover Craven Curriturk Dare Gates Bladen Moore Carucci On4I0w Groom Hertford Hyde Jones Cumberland Richmond Carnahan Peader Lenew Martin Pamlico Harnett Robeson Duplin Pae9aotank Perpimaus Pin Hoke Sampson Tyrrell Wadhingua Wayne '1 J REVISED 03120U SCHEDUI&F RECLAMATION COSTS 10/2000 .Ocos.sch.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 Type T/S Ponds_ S.pil_es _W.piles P.area/H.R. Mine Excay. SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $500/ac.(L) Borrow 1500(F7) $2000(PD) CS, DS, 500(L) 1800 2000 2000 500(1) FS, M1, 1500(FI) 2500(PD) LT, 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) PS, AU, 1000(L) 2500 3000 3500 2000(L) TI, OT 2500(FI) 5000(PD) (L) = reclamation to a lake and revegetating sideslopes (FI) =,reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage: & revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 161.2 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 cost of $B45.81 or .5.85 per copy. 4/2002 DEPARTMENT OF ENVIROXMRKT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES - LAND QUALITY SECTION -21-