Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
07-46_1_Redacted
Energy, Min era! & Lond Resources ENVIRONMENTAL QUALITY December 1, 2017 Dudley Landscaping & Tree Service, Inc. Dudley Landscaping & Tree Service, Inc. 320 Haven Street Washington, NC 27889 RE: Mining Permit No. 07-46 Dudley Landscaping Mine Beaufort County Dear Dudley Landscaping & Tree Service, Inc.: ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director 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 State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 512 N. Saltsbury Street 11612 Mail Service Center l Raleigh, North Carolina 27699.1612 919 707 9'200 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section (p MnvE) 1. MR%t NAME Ouch n ,o s i" 1►i L 2. mmiwia PERMIT, �# 0 %- y6, 3. OPERATOR � , LC4{.tLSSCG,�]fY1( c��r_cC S�rv1�� ke_ _4. C0PUN TY 6jeQ v-1-av"& 5. ADDRESS AL St�uJ L, ' 3 o Hawes, St, &hf N , tit 4t).,L� &_ 2 �kKS 6. PERMIT EXPIRATION DATE 12 - 7 - Corr 7. RIVER BASIN 77rr 8. Person(s) contacted at site N 0 on c_ cr,,h 5,1, 9. Was mine operating at time of inspection? ❑ Yes F No 10. Pictures? Zr Yes ❑ No 11. Date last inspected: /O / ) Z / /0 12. Any min since last inspection? 0 Yes ❑ No 13. Is the mine m compliance with the Operating Conditions of the Permit? WYes . ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offute damage? ❑ Yes No If yes, describe the type and severity of the damage: 16. Corrective measures (needed and/or taken:r . I)e u1c..{t•,,1,171t `1( 1)1itlt_ i-XLLee.t�t-�o,. 1 .i1nf Cilno)h1_V_9 �C✓ Al'. iII1,Jt tr_ 17_r. Other recommendations and comments: Tt Chi r1-1 C 1i v c,({, uu Z 7��)�i 11, ec,1"io •� ur' ��µc� Ve���1 F'' ucs{e.e i,)VI ..1 ii. f rt�f,)�e cqr CL✓ I)lf ljQL'ft &f4 oecdi lei b 1' i %i(pek r.S ty6v 000.-z'�I,u Col... C�. SAD S- J1t r' r. ,il]r0£,FtG I:�II�f � � • 18. Is the )Annual Reclamation Report +/-map accurate? ❑ Yes No (Explain) [I Not Reviewed 19. Follow-up inspection needed? Z Yes ❑ No Proposed date.?- l /' / I2- 20. No. of additional pages of inspection Report . 21. Copy of Report sent to operator Z I 17 / I i INSPECTED BY: GQ rl Me- DATE 2 / / // Telephone No: & qk 1 White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 N O R T H O A R 0 L I N A North Carolina Department of Environment and Natural Resources : Division of Land Resources, Land Quality Section Single Facility Report O ° N A M Selection Criteria: Permit # 07-46. line Name: Dudley Landscaping Mine ermit Number: 0746 Issue Date: 12/07/2001 Expiration Date: 12/07/2011 ounty: Beaufort Region: Washington Regional Office River Basin: Tar -Pamlico ermittee Information. -usiness Name: Dudley Landscaping & Tree Service, Inc. ontact Name: Stuart Dudley Phone: 2529469346 Adress: 320 Haven Street Washington, NC 27889 pplication Received: 10/15/2001 Hearing Date: Date Denied: Release Date: :atus: Active Commodity: Sand and Gravel Total Acres Permitted: 26 Bonded Acres: 26 and Type: Letter of Credit - Single Bond Amount: $ 17300.00 ARR Received Date: 01/13/2010 uadrangle: Bunyan Latitude: 35.523 Longitude:-76.9851 Verified by GPS: N ACREAGE INFORMATION Calendar Year: 2009 New Acres Affected - Total: 0 New Acres Reclaimed: Settling Ponds: 0 Stockpile Areas: 0 Processing Plants / Haul Roads: 0 Mine Excavation: 0 Acres Currently Affected: Settling Ponds: 0 Stockpile Areas: 0 Processing Plants / Haul Roads: 0 Mina Excavation: INSPECTION INFORMATION Last Inspection: 02/11/2011 Inspected By: G NOVAK Last NOD: Last NOV: Wastepi le/Berms: 0 Total: 0 Wastepile/Berms: 0 Total: 1 Next Inspection: 02/1 1/2012 James D. Simons N.C. Dept. of Environment that Natural Resources Division of Land Resources Ref. Mining Permit # 07-46 Dudley Landscaping Mine Beaufort County Tar -Pamlico River Basin Dear Mr. Simons, June 20, 2011 RAC JUN 2 2011 Div Of Land ' es Dewatering ceased June 13, 2011. The pump and hose found on the property did not belong to Dudley landscaping. We allowed another company to purchase sand. They were to dig, load, and haul only. There was never any mentioning of dewatering by either party. We were to be out of town at the time that they needed to start so we gave them a key to the property. They started on 6/9/1 1. When we returned on 6/14/11 there was no pump at the mine. I noticed that the water seemed low but did not say anything. Your letter was the first of my knowledge of the pumping. We hope and plan to leave the mining permit as is with no dewatering clause. If in the future, there needs to be a change, we will by all means go through the proper channels for permitting. I am sorry for the miscommunication on my part with the other company and know that it was unintentional. Sincerely Stuart Dudley Cc: Pat McClain Ashley L. Rodgers North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section (PERMITTED MINE) 1. MINE NAME l-) C�1`�u . n ��1 1t'ti.4, in � r� 2. MINING PERMIT # a �? 3. OPERATORI i Pt-i, COUNTY "PI1l )%,ri' 5. ADDRESS -7�0 . U ?,�,'V MArwn DC Z7 - -- 6. PERmrr EXPIRATION DATE Z 17 I 0 7. RIVER BASIN LQ r - % YA 8. Person(s) contacted at site %)n CAA Q- r7,p C kf- - 9. Was mine operating at time of inspection? g Yes ❑ No 10. Pictures? ❑ Yes ,❑ No 11. Date last inspected: Z / I ► / It 12. Any mining since last inspection? 0 Yes ❑ No 13. Is the mine in compliance with the �erating Conditions of the Permit? ❑ Yes j� No If no, explain: C ' " n ` L - i) f a s&�& k a: 1 14. Is the mine in compliance with the Reclamation Conditions of the Permit? Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes or -,If yes, describe the type and severity of the damage: _, ., 1% a� 6. Corrective measures needed and/or taken:_ i X Pr 4 1tl ��-. '�n G 18 _Is the Annual Reclamation Report +/-map accurate? P Yes ❑ No (Explain) ,Z Not Reviewed 19. Follow-up inspection needed? 20. No. of additional pages of Ins Yes ❑ No� WA j l CL I'Ce Ck "r(c F`rop sed date --- - rn Reporta . 21. Copy of Report sent to operator / / j (date) INSPECTED BY: 1AK r r - DATE to / C1 / I I Telephone No: C) y!r - le, 0 a ! White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 . _ .,....,�,,.... -- --Kv.' .� T. -... ....- -- r- .F y.H.-�..-.. .�wr...+-��_....I �Y_'....... __. �-.I" • __ -. _. - .-'�.ly .-. may. ..--�- North Carolina Department of Environment and Natural Resources, �-- Division of Land Resources, Land Quality Section. (P + . MINE) 1. MCNE NAME X�(Z \WN Nj,,Q2. MINING PERMIT # 61 - LI i 3. OPERATOR -D�AVQ-, 1 1 _ + S o O. COUNTY me , ' 5. ADDRESS '252U 1 r , Z 6. PERmrr EXPIRATION DATE_ Lz 1 `7/it 7. RI&IM BASIN = re4n 8. Person(s) contacted at site , aa 07A 5 � K 9. Was mine operating at time of inspection? ❑ Yes �U_ No 10. Pictures?Yes ❑ No 11. Date last inspected: o I I 12. Any mining since last inspection? tbg Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? X_Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? . Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes b No If yes, describe the type and severity of the damage: _ — -- 16. Corrective measures needed and/or taken: i 17. Other recommendations and 18. Is the Annual, Reclamation Report +/-map accurate? ❑ Yes ❑ No {Explain) V Not Reviewed 19. Follow-up inspection needed? i9 Yes ❑ No Proposed date l r, 17-1 / 1 � 20. No. of additional pages of Inspection Report . 21. Copy of Report sent to operatorL- It''7 / j1 t ` (date) INSPECTED BY: DATE (o I7 7 / 1_ _1 Telephone No: 0 c-7 14!n White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 Rodgers, Ashley From: Novak, Gary Sent: Monday, April 04, 2011 1:56 PM To: Rodgers, Ashley Cc: Ward, Allison; Mcclain, Pat Subject: Dudley Landscaping P#07-46 Attachments: Gary A Novak.vcf Ashley, Please find our additional comments for the above mine permit renewal are listed below: • Show the acreage on the map acreage chart proposed to be released. • Show all drainage features (a drainage ditch not shown in the southern area closest to drainage canal) on the map; include erosion and sediment control structures for those features. The change in the permit boundary still does not address the ditch that flows to Broad Creek from the permit boundary without sediment control measures and/or devices. • Provide details for the measures and/or devices; include details for road culverts of the haul road with inlet and outlet protections. • What is the distance proposed from the unexcavated buffer on the south./southeastern end to the permit boundary? Please contact me if you have any questions Gaiy A. Novak HC Ceoartment of Ei),Aron111e1t and Nlaival Re.,, Er.%Iro{imentaf Senior 5pedallsi 252.946-648 i ext. 3860'41rrk �?�•y, noaar. �r��rtenr.�ov I'Jor6i Carcilna Deptarta;lent of Emilronmesat ... 943 VVashincton Scuare Islatt %11rashingtoil. North C �rc�lina, Z7339 . 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 ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpfece, or on the front if space permits. 1. Article Addressed to: MR STUART DUDLEY DUDLEY LANDSCAPING & TREE SRV 320 HAVEN STREET WASHINGTON NC 27889 A. Signature R gent " ❑ Addressee B_. elved by (f�1f ted Name) C. Date of De/livery D. Is oellvery.addrawdifferenliro If YEB!wter dgll 0 abbn .. item 17-0 t t) Yes No JUL 0 5 2011 3. CI Registered Return Recelpt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number r {Hensler trot» service taneo i} + i 7 0 0; 8}! 13. 0 0 Q 0 0 0' 1'12;5 i'15 5 31;1 i } PS Form 3811, February 2004 7-46, Domestic Return Receipt 4 e 102595-02-M-1540 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist June 28, 2011 Certified Mail Return Receipt Requested 7008 1300 0000 1125 5531 Mr. Stuart Dudley Dudley Landscaping and Tree Service, Inc. 320 Haven Street Washington, North Carolina 27889 RE: Permit No. 07-46 Dudley Landscaping Mine Beaufort County Tar -Pamlico River Basin Dear Mr. Dudley: Beverly Eaves Perdue, Governor Dee Freeman, Secretary Your application for renewal of the above referenced mining permit has been approved. In addition, the 17.03 acre area at the site requested to be released, as indicated on the mine map last revised May 5, 2011, has been found to be satisfactorily reclaimed. Therefore, your company is released from further reclamation responsibility for this area with respect to the Mining Act of 1971. A copy of the renewed permit is enclosed. The new expiration date is June 28, 2021. 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: Operating Condition Nos. 4D, 5A, 9A, 9B and 13. As a reminder, after the requested release of the above referenced 17.03 acres, your permitted acreage at this site is now 9.19 acres and the amount of land you are approved to disturb is 6.05 acres. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 - Internet:http://www.dlr.enr.state,nc.ustpagestlandqualitysection.htmi An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110%a Post Consumer Paper Certified Mail Mr. Dudley Page Two The reclamation bond was calculated for this site using the information submitted on the mine map last revised May 5, 2011. The reclamation bond for this site has been calculated to be $8,400.00. The calculation worksheet is enclosed for your information. As we have received the $8,500.00 Assignment of Savings Account (no. 6801085603) issued by First South Bank for the referenced mining operation, we are returning irrevocable Standby Letter of Credit (no. SM211428W) for $17,300.00 issued by Wachovia Bank to you for your disposal. Lastly, as the violations cited in the Notice of Violation (NOV) dated June 15, 2011 have been corrected, this office is closing its file regarding the NOV. Please ensure that no mine dewatering or pit water discharge occurs on the mine site until you have properly applied for and obtained approval from this office to do so. Please review the renewed permit and contact Ashley Rodgers, Assistant State Mining Specialist, at (919) 733-4574 should you have any questions concerning this matter. Si, cerely, racy Davis, PE, CPM Chief gineer Land Quality Section TEDIar Enclosures: Permit No. 07-46 Bond Calculation Worksheet ISLOC No. SM211428W cc: Mr. Pat McClain, PE Ms. Shannon Deaton-WRC, wlenclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures Mr. Bradley Bennett-DWQ 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: Dudley Landscaping and Tree Service, Inc. Dudley Landscaping Mine Beaufort County - Permit No. 07-46 for the operation of a Sand Mine 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_28, 2021 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until June 28, 2021. 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 Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary 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 (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission, 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, silt check dams, silt 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. All drainage from the affected areas around the mine excavation shall be diverted internal to said excavation. C. No mine dewatering or pit discharge activities shall occur at this site. D. Mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall occur as indicated on the mine map last revised May 5, 2011 and the supplemental information received by the Land Quality Section on January 31, 2011 and May 6, 2011, with the stipulation that 3 horizontal to 1 vertical side slopes are maintained at all times along the perimeter side slopes. 5. A. All mine permit boundaries (9.19 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. B. All riparian buffers shall be marked at the site on 100 foot intervals unless the line of sight allows for larger spacing intervals. Page 4 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. 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. A Sufficient buffer shall be maintained between any excavation and any mining permit boundary to protect adjacent property. B. Buffers shall be maintained as indicated on the mine map last revised May 5, 2011. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel .f Page 5 D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. 11. 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. 12. 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 or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $8,500.00 Assignment of Savings Account (of which $8,400.00 is required for this site), is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. 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 are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 3 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through D. E. The affected land shall be graded to prevent the collection of noxious or foul water. Rev_egetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates February 15- April 1 April 1- July 31 August 1- October October 25- February 15 Soil Amendments Species Rate, Lbs/Acre Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 Common Bermuda 50 Lespedeza (unscarified) 30 German millet 40 Rye (grain- temporary) 120 Lime - 2000 Ibs/acre or follow recommendations from a soil test. Fertilizer - 1000 Ibs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibs/acre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. Page 8 In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued December 7, 2001, is hereby renewed this 28th day of June, 2011 pursuant to G.S. 74-52. By: James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources Ed APPLICATION FOR A MINING PERIVIIT L-O Y d s r-0 p i Vj avid —I 09- LIB E. DETERMINATION OF AFFECTED ACREAGE AND BOND autil Re nev��l � Patf-t-ial �Gi��.�`�C Thefollowing bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of 5500 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 m=trine rmit. Please insert the approximate acreagL or each aspect of the minim operation, that you intend to the life ofthis mining nermit tin additinn nLotyry t ur AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: — Ac. - X S /Ac. = $ Stockpiles: P �x�'. ctv-z,� p3 Ac. X $ A S 00 /Ac. = S 1 — Wastepiles: Ac. X S /Ac. = S Processing Area/Haul Roads: ,-T5 Ac. X S 200 /Ac. = S 1 5 3. as - ct,3-. Mine Excavation: (9 - Ac. X $ 500 /Ac. = Other: LMCXCtzV0*C1 ►� '�` 1. )-Ac. X S DO /Ac. TOTAL AFFECTED AC.: (P . Ac. (TOTAL PERMITTED AC.: Ac.) Temporary & Permanent_ Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage (f . 05 Ac. b) Positive Drainage Inflation Factor: Ac. X $1,500.00 = $ SUBTOTAL COST: $ 9 O S5. ``, 0.02 X SUBTOTAL COST: S I j 1. IQ_ X Permit Life (i to 10 years): 10 INFLATION COST: $ 1 y ij . oo _ TOTAL COST = SUBTOTAL COST + INFLATION COST Total Reclamation Bond Cost: $ _ 9, Ll (round down to the nearest $100.00) -14- cale, 5131/11 CUL pv ' IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER SM211428W f-LETTER OF CREDIT AMOUNT ISSUE DATE EXPIRY DATE W USD 17,300.00 12/17/04 12/17/05 --� .BENEFICIARY: APPLICANT: `STATE OF -•NORTH CAROLINA�DEPARTMENT DUDLEY LANDSCAPING AND-.TREE,SERVICE, 4F<ENVIRONMENT.,AND NATURAL.:RESOURCES'-INC. .l632"MAlti'"SERVICE- CENT ER 320 HAVENS STREET RALEIGH, NC 27699-1612 WASHINGTON, NC 27839 ".DEAR SIR":OR` MADAM: WE UNDERSTAND THAT DUDLEY.',LAINDSCAPING AND. TREE SERVICE," INC.'DESIRES TO ENGAGE vIN` MINSNG-.-OPERATIONS .WI THIN., THE•.l-STATE-';OF NORTH CAROLINA, UNDER; THE PROVISIONS OF-,THE>:.MINING ACT„OF::`1971, _N:C. GEN. STAT. SECTION. 74'=46, ET:,,, SEQ. , AND THE ADMINISTRATIVE RULES PROMULGATED THEREUNDER. `WEkAL50 .UNDERSTAND..;:THE N.C' GEN. STAT:. SECTION 74-50 REQUIRES•THAT:OPERATORS ..ENGAGED"IN MINING'��.SHALL,`FIRST:'OBTAIN AN OPERATING PERMIT FROM•-THEtrN..C." DEPAATMEN.T OF •<ENVF.RONMENT AND NATURAL. RESOURCES : ("DENR" ): - WHICH COVERS THE AFFECTED LAND;AND`WHICH HAS,..NOT:TERMINATED,.BEEN REVOKED, BEEN .:SUSPENDED FOR. THE PERIOD„SIN 'QTESTION; -OR OTHERWISE BECOME' INVALIDS. ` N. C. GEN: STAT. :..,.. SECTION 74-54 REQUIRES THAT EACH APPLICANT FOR AN OPERATING PERMIT, OR FOR THE RENEWAL .THEREOF, ,SHALL FILE. WITH, DENR,.;,,,AND SHALL THEREAFTER MAINTAIN TN.,. FORCE,., A BAND IN. FAVOR -OF` TH,E STATE.OF�NORTH-CAROLINN IN �A'4. AMOUNT' AS PRESCRIBED~' -'BY DTI-TLE 3 SSA N, C " ADMINISTRATIVE CODE ;:SUBCHAPTER °•5B, •00'03 :: N. C'.'. GEN . STAT , ' SECT.'ION'�r7`4 54:�FURTHER ',PROVIDES m,THAT. TN LIEU:±OF: THE ,SURETY BONDf 'AN APPLICANT; .,< u ...: 0R ,OPERATOR'MAY 'FILE WITH DENR'A `CASHs'}DEPOSIT,t,NEGOT.IABLE SECURITIES,, *OR'AN ry: ' ASSIGNMENT OF'�,A T SAVIrNGS ACCOUNT :� IN `A; NORTH CAROLINA .BANK . y , .. THUS, THIS IRREVOCABLE STANDBY LETTER OF CREDIT IS ISSUED TO DENR, IN LIEU OF ' ,,,,SURE, BOND REQUIRED TCj BE >FILED BY DUDLEY.::LANDSCAPING AND TREE SERVICR,�. ZINC SASPROVIDED BY � :C GEN ' STAT SECTION ',74 THE UNDERSIGNEDs.iHEREBY:ESTABLISHES ITS`IRREVOCABLE",STANDBY LETTER'\OF CREDIT IN,,`: FAVOR OF DENRy FOR ',THE _ ACCOUNT OF DUDLEY LANDSCAPING' AND TREEy:SERVICE, >:'TNC . FOR , THE AMOUNT "OF" 17, 300:+0D (UNITED";STATES DOLLARS SEVENTEEN THOUSAN "THREE HUNDRED AND 00/100), AVAILABLE BY DENR'S DRAFT(S) DRAWN AT SIGHT ON WACHOVIA BANK, �''NAT.IONAL ;ASSOCIATION ,xf " ,# �.: �;z. •:�to f x :CONTINUED NEXTPAGE ;WHICH FORMS: AN INTEGRAL PART; {OF THIS { f{ •` LEi'TER Tk 0-CREDI N AcAC vt. IRREVOCABLE STANDBY LETTER OF CREDIT NO. SM211428W PAGE NO. 2 THIS" IRREVOCABLE.STANDBY LETTER OF CREDIT.SHALL EXPIRE ON 12/17/2005. THE XI' EIRATION:'DATE' SHALL', BE EXTENDED AUTOMATICALLY FOR A.+PERIOD OF. ONE YEAR ON 12/ .-!.-/20'05"An. ON EACH SUCCESSIVE EXPIRATION' DATE, UNLESS, AT LEAST SIXTY (60) DAYS PRIOR TO THE EXPIRATION DATE, THE UNDERSIGNED NOTIFIES DENR AND DUDLEY LANDSCAPING.,AND'.TREE :SERVICE,.,,INC.:: BY CERT.IFIED-.MAIL, RETURN.RECEIPT .REQUESTED'THAT"THE-TINDtRSIGNEDIWILL NOT EXTEND THIS LETTER OF CREDIT' BEYOND THE=:.CURRENT ,EXPIRATION DATE. ..IF. THE UNDERSIGNED NOTIFIES'.,.DENR� THAT THIS'.' -LETTER OF`:' REDIT: WILL. NOT BE EXTENDED; ANY UNUSED PORTION ' OFTHE CREDIT SHALL`BE AVAILABLE UPON.'PRESENTATION OF DENR`S SIGHT' DRAFT WITHIN SIXTY`"•(60) DAYS'AFTER DENR'S OR DUDLEY LANDSCAPING AND TREE SERVICE, INC.'S RECEIPT OF SUCH NOTIFICATION, WHICHEVER IS LATER. ur_ . ,THIS'IRREVOCABLE STANDBY LETTER,OF CREDIT.:.IS NON -TRANSFERABLE. ky W ' 'So- M1t - •::.: ,. i• :: � .. •, \_. ' .' ... .. `DRAFT (S):` SHALL BE. MARKED ",DRAWN UNDER. WACHOVIA.. BANK, NATIONAL ASSOCIATION. 'LETTER `OF CREDIT:; NQ: `.SM211'4.28W:l' •WAND,, SHALL INCLUDE THE FOLLOWING DOCUMENTATION A. A SIGNED CERTIFICATE BY DENR, REFERRING TO THE EFFECTIVE DATE AND NUMBER OF THIS IRREVOCABLE STANDBY LETTER OF CREDIT,, AND STATING THAT:,: "'INS ACCORDANCE WITH N 'C GEN n STAT SECTION , 74 - 5 9 WE . HAVE . RECEIVED A NOTICE OF <EORFEITURE OF; PART DR ALL,.OF'.�THE.,BOND AMOUNT: THE;.AMOUNT ,OF OUR DRAWING DOES NOT ,.EXCEED THE'AMbUNT ;OF .THE `FORFEITURE AS SET FORTH °'IN SUCH NOTICE.:" ,. FOR 'B A`'SIGNED, CERTIFICATE BY DENR,- REFERRING, TO`THE`EFFECTIVE`' DATE'-`AND;:•,NUMBER.:OF THT S IRREVOCABLE; STANDBY WE HAVE RECEIVED FROMrWACHOVIA BANK.NATIONAL;ASSOCIATION OF"NORTH CAROLINA WRITTEU!,NOTICE STATING (1) 'THAT.;.THI'S IRREVOCABLE STANDBY LETTER,-.,:bO CREDIT, HAS NOT 13EEN EXTENDED;"AND (2) THAT1THE AMOUNT OF,OUR DRAWING DOESI�NOT EXCEED THE BOND AMOUNT, LESS ANY .,PREVIOUS FORFEITURES THEREUNDER, PURSUANT TO. NOTICES RECEIVED IN ACCORDANCE WITH N °C {GEN: STAT` 2.SEC,TION :74� 59 " }? cl A" SIGNED CERTIFICATEBY ':DENR`, �REFERRINGWTO'THE EFFECTI�IE DATE ;AND. NUMBER-- OF:, THIS IRREVOCABLE STANDBYA LETTER OF`'CREDIT, AND`'STAT Ik'`THAT:... 1 BANK, NATIONAL ASSOCIATION OF..NORTH CAROLFNA, WE HAVE RECEI+VED`'FROM WACH©VIA WRITTEN NOTICE STATING'; (1,)<< THAT THERE=EXISTS AN .EVENT. OF DEFP;ULT: UNDER„.THE.ry CREDIT AGREEi ENT {AS> DEFINED TN;. THE; IRREVOCABLE LETER T) ,,STANDBY m (2) ;THAT A iDRAWING:, SHOULD HE MADE UNDER ;THIS° TRREVO.CABL`E STANDBY LETTER ;CREDIT, AIVD, (3) THAT: IHE FMQUNTa OF° THE" DRAW- NG DOES' -NOT EXCEED THE 'BOND u AMOUNT.',LESS`,ANY"PREVIOUS FORFEITURES'�THEREUNDER, PURSUANT TO`NOTICES''f $ RECEIVED IN ACCORDANCE WITH N.C. GEN. STAT. SECTION 74-59-" }CONTINUE]? ON' =NEXT PAGE WHICH FORMS"- AN,' INTEGRAL", PART TOFF THIS' LET TER=' OF CREDIT° t' $ : �» VA.C:- 'IRREVOCABLE STANDBY LETTER OF CREDIT NO. SM211428W PAGE NO. 3 PLEASE DIRECT ANY CORRESPONDENCE INCLUDING DRAWING OR INQUIRY QUOTING OUR "REFERENCE, BER, TO: "'f WACHOVIA---'BANK;� NATIONAL ASSOCIATION .-...' 01' A LINDEN S ,.WINSTC)N-SXthM,..',:NORTH" CAROLINA -27101.'7":' OUR CUSTOMER CARE PHONE NUMBER FOR ANY QUERIES IS 800-776-3862 'FAX -zNUMBER: Ei950 ROUR, .7 a James D. Simons .tune 20, 2011 N.C. Dept. of Environment that Natural Resources Division of Land Resources Ref Mining Permit # 07-46 Dudley Landscaping Mine Beaufort County Tar -Pamlico River Basin Dear Mr. Simons, Dewatering ceased .Tune 13, 2011. The pump and hose found on the property did not belong to Dudley landscaping. We allowed another company to purchase sand. They were to dig, load, and'haul only. There was never any mentioning of dewatering by either party. We were to be out of town at the time that they needed to start so we gave them a key to the property_ They started on 6/9/11. When we returned on 6/14/11 there was no pump at the mine. I noticed that the water seemed low but did not say anything. Your letter was the first of my knowledge of the pumping. We hope and plan to leave the mining permit as is with no dewatering clause. if in the future, there needs to be a change, we will by all means go through the proper channels for permitting. I am sorry for the miscommunication on my part with the other company and know that it was unintentional. Sincerely Stuart Dudley Cc: Pat McClain Ashley L. Rodgers RECEIVED RCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary June 15, 2011 Certified Mail Return Receipt Requested 7008 1300 0000 1125 5609 Mr. Stuart Dudley Dudley Landscaping & Tree Service, Inc. 320 Haven Street Washington, North Carolina 27889 RE: Dudley Landscaping Mine Mining Permit No. 07-46 Beaufort County Tar -Pamlico River Basin Dear Mr. Dudley: We have reviewed the renewal and partial release request you submitted for the above referenced mine site. However, the following information is needed to continue processing your application: An inspection of this site on June 9, 2011 revealed that a pump was installed on site and was discharging into a drainage feature on the southern side of the site (please refer to enclosed copy the June 9, 2011 inspection report and corresponding pictures). A Notice of Violations was issued for these activities on June 15, 2011 (copy enclosed). The renewal and partial release requests you have pending may not proceed until the site is back in compliance. Please respond to all required corrective actions within the timelines specified. Please be advised that our review cannot continue until all of the items listed above have been fully addressed. In order to complete the processing of your application, please forward the requested information to my attention at the following address: 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-45741FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.html An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper 0 0 Certified Mail Mr. Dudley Page Two Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, N. C. 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the 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. Please note that you must comply with the deadlines within the Notice of Violations dated June 15 2011 and must cease all dewatering activities immediate!y if ou wish to avoid an further enforcement action. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, aakt,14� �j ade Ashley L. Rodgers Assistant State Mining Specialist Land Quality Section Enclosures: Inspection report dated June 9, 2011 (w/pictures) Mine Permit Modification Checklist Notice of Violations dated June 15, 2011 cc: Mr. Pat McClain, P.E. Mr. Floyd Williams, PG, Williams Environmental & Geological Services PLLC, P4 Box 190, Bath, NC 27808 iir tia� � r r - � � � � V i 1 1 . •i•••�•iii••l •••i••i• (r4)" �� ^iYa'fimY I -04pVl °yob,^ 'm i -;FI7N" v'm"A 4 V -�#J* � 9r, Ipw /rq 1� IM f. j1oZ,01h 4} n \ ? � .y;_ .i`?`4 �r ..l`i rri� 4�� .,► 1S.{ �4• �1.���s� n � t'j'-,`�.� �\ >: 54 (#1 -_ f . '�-f.�•ti�`�v:, �l ti T;i�"tr a ,'�� rt; T;�� �;,�r��l.� � e �!,tt 3Y1, /.: k.ti'.k�` y ���3:� t��.ri ;�,t:�:�.�,� �•;f`.¢•`y ^—Y�T�ti��� �`-�".�t���lf4'� �•Zi.�'�,J�i'i� "'v�1,,.�4i.L� •�s� {�fa�!tj 4 �y `"��`•V� t .Y ti :J:a,r�;-3 t ,.�T. �• __ �_\ 3—. ~�. a 4�� R,tii _ .�� � -���`.� _ ._11`4-'y... — ,� �__ .--J— S -Pi`ti�l�rt �ti � �ii ��..i•�f�' .Y�.rw 1 �% l., N "�•S i��{� � � �} l j��'�L'1 6-' Ii r3 �� r ....-. _ __ .-Y•-,.,�t lIT {� �t'�1 ..' �.4..� �i t lti� *T_ r i ���.=` .Z i i'- �tt ..r•.: � �r.���° •,•t ,4it t4i,�y. 1� t-F; tp: � �i' 's'� '`.�� �� 1:�r ii_._...j _ �' � - - 9 °S_� — ,11 V _ _• 36�'` 1 �'j'{' � . t' t ` r ;� i l �•." - i I wyvl�a Yw �7,�.2—o- npw�H*�Iu�Unrt 10 #)�� p olv� tu 11►yc rN:w �- rwq-Al� 044v w w&q/ W P4 *4 — 4k , WIv-, Av, W Kt/ pw�w = AF,4 1. la A.4, AtC, kAtj�" foot VMS } i SIN a'�, �+" 1i ���` .4�'� `. V... .+ �•� '.-J y.�i� ��` StY\ f. V i �� •' � rIl �.,� 15 lf. � I 1 1 '�� .��' 1 to 4 '.�'� � �.�iC; `k �,.� 11 • ,.,,,, e..i ��„y \��t 1 yin i� -�.ntt- i�`hj7l ;` , i i i i 0����� {♦ •albaaa -%.1�• APPLICATION FOR A MINING PERMIT DISCI lra Y)d s ca P, rj c�v-vd 1 rek szv- A ce b"`l u4 Uhna6co-piq Hi✓11- 01-q� E. DETE%MINATION OF AFFECTED ACREAGE AND BOND aOtt 12eneuval / Partial eelegsc The following bond calculation ivorksheet is to be used to establish an appropriate bond (based upon a range of 5500 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 approximate acreage, for each aspect of the mining operation, that you intend to af)`ea during the life ofthis miningpermit (in addition, please insert the aDvronriate reclamation cast/acre for earh rntavnry frnm rho .Cnhorhdo of Rorinrnntinri r. .to CATEGORY Tailings/Sediment Ponds: Stockpiles: exc.Qy Wastepiles: Processing Area/Haul Roads: Mine Excavation: Excavation: a. `i5 ac. Other: Lk ► fXCav Q.Kd bLA-P v TOTAL AFFECTED AC.: (TOTAL PERMITTED AC.: ctamatton costs: AFFECTED ACREAGE — Ac. -- X O • �J Ac Ac Ac. sa .,gs Ac. I�b5 Ac. 05 Ac. Ac.) X RECLAMATION RECLAMATION COST/ACRE* COST $ /Ac. _ $ S I $ O0 /Ac. = $ X S r /Ac. X S 00 /Ac. X S 500 /Ac, X $ 1800 /Ac. Temporary & Permanent Sedimentation &_Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage (.1 - 05 Ac. b) Positive Drainage Inflation Factor: Ac. X $1,500.00 = S SUBTOTAL COST: $ 0.02 X SUBTOTAL COST: $ ``� l : _j Ow T X Permit Life (1 to 10 years): J 0 INFLATION COST: S vv TOTAL COST = SUBTOTAL COST + INFLATION COST = $ Lo ,00 Total Reclamation Bond Cost: $ _ O , L�q D0., (round down to the nearest $100.00) -14- pale, 5131/ll 0 • Rodgers, Ashley From: Floyd Williams [floydwilliams1@gmail.comj Sent: Tuesday, May 31, 2011 6:28 PM To: Rodgers, Ashley Subject: RE: Dudley Landscaping Ashley, That sounds great. Thanks, Floyd Sent from my U.S. Cellular@ Windows@ phone. From: Rodgers, Ashley <ashley.rodgersancdenr.gov> Sent: Tuesday, May 31, 2011 4:17 PM To: Floyd Williams <flo dwilliamsl mail,co > Subject: RE: Dudley Landscaping Floyd -- Here is what I propose to do. Let me know if you are ok with it. I will make a note on the mine map acreage table that the 0.3 acre of stockpiles is within the excavation area. When calculating the bond, I will count the stockpiles: 0.3 ac * 1800/ac And when calculating the excavation area cost, I will subtract the 0.3 acres from it (since I don't want to double charge for any acreage): (3.25-.3) W 2.95 acres 2.95 ac * 500/ac When I calculate the bond that way, I get $8,400.00. Are you ok with this? Ashley Rodgers Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (919)733-4574 (919) 715-8801- fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Floyd Williams[mailto:floydwilliamsl@gmail.com1 Sent: Tuesday, May 31, 2011 4:06 PM 1 To: Rodgers, Ashley 0 Subject: Re: Dudley Landscaping Ashley, Looking over the affected acreage table the stockpiles were shown as .30 acres but I did not show this .30 acres in the total affected area because they are located within the limits of the future pit which is included in the affected area bond calculations. However, on the worksheet for determination of affected acreage and bond ( pg. 14) of the application the .30 acres of stockpiles were included in the bond calculations at $540.00. I reviewed the reclamation cost figures on the work sheet which appeared to be correct at $8526.00. Rounded to the nearest $100.00 would result in the bond amount of $8500. which is shown as the Total Reclamation Cost for this mine site. If the .30 acres needs to be added to the 6.05 total affected acres, I give you permission, if you would, to add the .30 acres to the 6.05 acres on the mine map affected area chart which will result in total affected area as 6.35 since .30 acres is already included in the Total Reclamation Bond Cost. Thanks, Floyd On Tue, May 31, 2011 at 12:06 PM, Rodgers, Ashley <ashley.rodgersnncdenr.g v> wrote: Floyd — Please check your acreage table for Dudley Landscaping. When I add the affected acreages on your table, I get a total of 6.35 acres affected. Also, when I calculate the bond based on those acreages I came to $8,600.00. Would you recheck your acreages and email me with the correct ones? Thanks! Ashley Rodgers Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (919)733-4574 (919) 715-8801 - fax 0 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. • Rodgers, Ashley From: Novak, Gary Sent: Monday, May 23, 2011 10:34 AM To: Rodgers, Ashley Cc: Ward, Allison; Marciniak, Katherine; Mcclain, Pat Subject: Tyrrell Redi-Mix- Dolly Pit 89-06 renewal and Dudley Landscaping- Dudley Landscaping Mine 07-46 renewal Attachments: Gary A Novak.vcf Ashley, We do not have any further comments to add for the above mines. If you have any questions please call, Gary A. Novak NC -Depar :mesa of Ervironn}ent z•-.d Na.Wral Re... _, ,.-ir of (rental Senior Soe_ alist 252-O=b-n=r, i ext. 3°rOVA' rL goy, North Carolina Dcptar nieni of En,%Iromren, •t S43'%' asi7inc,ton SQUare MaY a i�in� o,i North Carolina 227339 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties —,I, •- - -r t.-.,..fir-•- +... ._,�,,,.•�_.yyy�•�„Y.,....,.....,�•.—.�ya,•�-- 0 i MINING CHECKLIST FOR ROUTING Djd Lt,�o LcQ-163 ccy) yb 3r AyTl Wd,S Nano: 1 v P Se y -,T ✓►c . Pro�eet Ngm.-DL J jMtn - o S Apyk/Pernttt No.: LP County: �y4 Date Recefnk E; I if Revteirer: I shun n S Rtyer usin Ngme: —roy - pa.. I-P ... ._ ❑ New rya ❑ ❑ m d$mttan (a dokycmtt houndarfes) ❑ Fpayffal R&M ©�QAddlttanaI Il�rnfatfon ❑ Modtfi AU n (tulkyermit 6mdado) Transfer ❑ Release Fee Nadid: ❑ Fa Reatved: $ Please route vOr ffkdfm a to: a5 ROWlua L^` (2 M*tt ! "; AttgA the %qL R[6bW OPM MfMtlg AyylkaUn RWfew Chtd t' fa one on and h both the DwQaxd nAQ'" ApylicatI n Re fG1Y FDfn[• to the other C0i7`, scud both copies to the ReBf W EWnaf) Date: Raw 5 (_p Reed ❑ Division of water ReMUT es Data: RMW Reed ❑ NC WtLlltfe Reaatrres ConantWm Data: RMW Reed ❑ us Ftsh & wildlyfa &ma Date: RVAt d Read (Only new ayyltcdfm and Na icAtton regaests that add land to theyernttt) Please route eS I the ff&NUM and M katfen to: ❑ Dtvt O of Park & Recreation Date: Routed RWd ❑ NC Geob glcal Survey Sutfon Date: ROW Reed ❑ Dt SIM of Morita Ftsliertcs Date: ROW ❑ DtVWM of 50t1 do Water Conurvattcn (YbU LEA) Date. Routed (only aw ayylfcattans and mi*&M mflests that add load to the rani) ❑ Dtvt M of AFClltM & His 7 (only gar gylfratfons) Date: Routrd Date: Routed RWd Red Road Rind * 0soyew Date fir cow nts: 5 3 I (no later than 25 days from natp() ❑ Please Nate thefin": r. r�1L r, �TILLIAMS Environmental & Geol%ical Services FUI: May 5, 2011 Voice I Fax (800) 240-8550 P.O. Box 190 Bath, NC 27808 www.WilliamsEGS.com BEGET Ms. Ashley Rodgers 1 it o Assistant State Mining Specialist MLanA<��1 Division Quality on of L nd Resources on AND �1UA, t ITY 9'ec- Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 RE: Response to ADI dated 4/13/11 Dudley Landscaping Mine (Permit ## 07-46) Beaufort County Dear Ashley: This letter and two copies of a revised mine map is my response to your April 13, 2011, request for additional information (ADI). Following are responses to each item in your ADI letter. 1. Wudley-Landscaping.& TFee_Service,.Tnc does-not-wish_to_dewater� W e=pit_afthiKtime. 2. The drainage swale going from the southern part of the New Permit boundary to the drainage canal is shown on the revised map. This swale was constructed many years ago and is completely stabilized with vegetation. A silt fence is shown on the revised plan around the stockpile noted on the south side of the existing pit. This will prevent any sediment from entering the existing drainage swale. A silt fence has also been shown on the revised mine map just below an area that has been disturbed near the inlet of an existing 12" access road culvert. 3. The stockpile area on the southern/southeastern end of the existing excavation has been shown on the revised mine map. Page Two Please note that on Monday, April 25, 2011, a meeting was held at the mine site with Pat McClain, Gary Novak, Land Quality Section, Stuart Dudley and I in attendance. It was agreed upon that the additional items shown on the mine map would satisfy the ADI requests. If you have any questions, please feel free to give me a call. Sincerely, ;Fl4oyvd.Williams, PG, CPESC, CPG cc: Dudley Landscaping & Tree Service, Inc. Enc: 2 copies of Revised Mine Map STATE OF NORTH CAROLINA Department of Environment and Natural Resources FILE ACCESS RECORD SECTION DATE/TIME NAME y REPRESENTING Guidelines for Access: The staff of the Central and Regional Offices is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following before signing the form. 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment for file review so you can be accommodated. Appointments are scheduled between 9:00 a.m. and 3:00 p.m. Viewing time ends at 4:45 p.m. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You must specify files you want to review by project number or name, as appropriate. The number of files that you may review at one appointment will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cosier copy is 2.5 cents for ALL copies if you make more than 25 copies — there is no charge for 25 or less copies. Payment is to be made by check, money order, or cash in the administrative offices, or upon receipt of an invoice. 4. Files must be kept in the order you received them. Files may not be taken from the office. No briefcases, large totes, etc. are permitted in the file review area. To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files. PROJECT NO. 1 PROJECT NAME COUNTY 2. 3. 4. 5. 1 Signature/Name of Firm or Business Date Time In Time Out Please attach business card to form if available . LAND QUALITY SECTION GUIDELINES FOR ACCESS TO PUBLIC RECORDS August 20, 2010 The North Carolina Public Records Act provides that any person may review public records under reasonable conditions of volume and time frame except under conditions pursuant to the Privacy Act or other exclusions covered by the Public Records Act. Public records are broadly defined as all materials (including e-mail) made or received pursuant to law or ordinance in connection with the transaction of public business to include paper records, video or audio records, data processing records, photographs, and physical objects. Due to the large public demand at the central and regional offices for access to public files, administrative assistance with copying is unavailable to the customer.* The customer is encouraged to make an appointment for file review with the appropriate agency representative. If a customer does not have an appointment, it is possible that they will not be able to be accommodated at that particular time and they will be requested to make an appointment. However, every effort will be made to accommodate the walk-in public if sufficient staff and time permit. For security reasons, customers viewing central and regional office files may not take briefcases, bags, totes, etc. into the file review area. Citizens making copies of file material are charged as follows: 25 or less copies free More than 25 copies 2.5 cents per page (for ENTIRE amount copied) Payment is due at the time of copying. Payment can be made by check, money order, or cash. Payment is to be made in the administrative offices to the central or regional office cashier or customer service representative. If the customer does not have payment readily available, they can be invoiced for the amount due. Payment is due upon receipt of the invoice. *Customers requesting file review who are unable to visit the office and make the copies themselves are advised to contract with a temporary employment agency. • . • NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist April 13, 2011 Certified Mail Return Receipt Requested 7008 1300 0000 1125 5210 Mr. Stuart Dudley Dudley Landscaping & Tree Service, Inc. 320 Haven Street Washington, North Carolina 27889 RE: Dudley Landscaping Mine Mining Permit No. 07-46 Beaufort County Tar -Pamlico River Basin Dear Mr. Dudley: Beverly Eaves Perdue, Governor Dee Freeman, Secretary We have reviewed the renewal and partial release request you submitted for the above referenced mine site. However, the following information is needed to continue processing your application: �Afe-cent.site vvisit.notede_dischargehose.near the_excavationon area:Please-confirm LwYtether_you_wish_#o_be_able-to_dewater_the pitPer_Ogerating Co`ndition_Na: D Cyourcu�rrent.permit,_no-mine_dewatering-activities-shail-occur-at=tnis site�lf you wisht tto=dewater; you must-submit-a-permit-modification_request:(ch_ecklist enclosed 2. Revise the mine map to show the drainage ditch going from the southern part of the proposed new permit boundary to the drainage canal. A recent site visit indicated that there were stockpiles of material on this side of the excavation area (as well as other disturbances). Erosion and sedimentation control measures are necessary to prevent sediment from leaving the proposed permit boundary and entering the drainage ditch. Revise the map to provide measures to protect the inlet of this drainage ditch. Provide calculations and details for any proposed measures as necessary. 3. Revise the mine map to show the stockpile areas on the southern/southeastern end of the existing excavation. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • lnternet:http://www.dlr.enr,state.nc.us/pages/landqualitysecflon.html An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled / 10% Post Consumer Paper • 0 y COMPLETEfN COMPLETE THIS SECTIONON ■ Complete items 1, 2, and 3. Also complete A. Signature Item 4 If Restricted Delivery Is desired. .w I❑ X ent e Print your name and address on the reverse UAddressee . so that we can return the card to you. g. Ived ly (Printed,d Name) �Ihate 74, of very ; ■ Attach this card to the back of the ma€lpiece, or on the front if space permits. D. Is delivery address different from Item 17 ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No MR STUART DUDLEY DUDLEY LANDSCAPING & TREE SRVC 3. celype 320 HAVEN STREET ertinedMaii Express Mall WASH I NGTO N INC 27889 Registered etum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number ' I i ; T-17: € (Transfer from servlce7abeq' � J 3 t 17 a 0 81 13 a ©)0 d 0 0 ,112 51 5.21' 0, ; 1,, PS Form 3811, February 2004 Domestic Return Receipt �` 3—t'� 102595-02-M-1540j 0 Certified Mail Mr. Dudley Page Two 4. A recent field visit has also indicated that some areas of disturbance were draining to the existing culvert. Provide inlet and outlet protection for the culvert to ensure no sedimentation of the culvert occurs. Provide a construction detail for any measures, as well as for the culvert itself. In addition, provide calculations for the proposed measures as necessary. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, N. C. 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180 day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, d94,� � ,ems y g Ashley L. od ers s Assistant State Mining Specialist Land Quality Section cc: Mr. Pat McClain, P.E. Mr. Floyd Williams, PG, Williams Environmental & Geological Services PLLC, PO Box 190, Bath, NC 27808 Rodgers, Ashley From: Novak, Gary Sent: Monday, April 04, 2011 1:56 PM To: Rodgers, Ashley Cc: Ward, Allison; Mcclain, Pat Subject: Dudley Landscaping P#07-46 Attachments: Gary A Novak.vcf Ashley, R. 03 4c_ Please find our additional comments for the above mine permit renewal are listed below: so Show the acreage on the map acreage chart proposed to be released.& �-3o5 i5 V "F Show all drainage features (a drainage ditch not shown in the southern area dosest to drainage canal) on the map; include erosion and sediment control structures for those features. The change in the permit boundary still does not address the ditch that flows to Broad Creek from the permit .boundary without sediment control measures and/or devices. Provide details for the measures and/or devices; include details for road culverts of the haul lJ road with inlet and outlet protections. What is the distance proposed from the unexcavated buffer on the south/southeastern end to the permit boundary? 100XS i•,Icr i t va�i eS Please contact me if you have any questions . PYbPase CI be Gary A. Uovak j NIC pep s'.me,r: of Eir-rironrnent ar;c.l:a#;ira`r Re.., !I ironrinental Sen1o! Kpecialis: sYZ'1':de"i1'.CJO:' North C&-olina Deotartment of Envirol"Imenl r .. c:;� •,.,,:_cilin;,tan SGl�dre f•iai! ';" Shin iQil. i :ort!t C. rG'iiia 27589 S PNPoQ4_a( p{., )"6 a afV 0.V, C, r ISt 5k 9, a i' 1p e,vy, i 4-Itl k c1 u. os 0, (: a, S� L�+ CiC W % Sq � i ✓ w 1 n w 4% s 14 +"b 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 Q, co-► ka" 5`I Cu V% C 0 Ii-t t,t t cLt -1 L� C. k f' u-s [:4..V k t � �� � YlJ � t r'? i,C�1 / 0 u l L;✓� � �. f p c� �`-•, - •�'1.Q.¢� � k �-4t-,' ! / �rY �Ll•� � 1 ! i l>ca-.vC c k Y '�— Rodgers, Ashley From: Dumpor, Samir Sent: Wednesday, March 16, 2011 10:18 AM To: Rodgers, Ashley Cc: Novak, Gary Subject: FW: Dudley Landscaping Mine comments Attachments: 07-46 DLR - Water Quality Review Sheet 2010.doc Ashley, received a revised map for this mine on March 15, 2011 done by Floyd Williams. As shown on revised map, the applicant pulled back the new permit boundary line to stay out of the drainage feature and possible wetlands area. As proposed the DWQ does not have any issues with issuance of this permit. My original comment sheet (dated 2/21/2011 is attached to this e-mail. If you have any questions, please feel free to contact me. Thanks 5amir From: Dumpor, 5amir Sent: Tuesday, February 22, 2011 9:32 AM To: Rodgers, Ashley Cc: Novak, Gary; Jones, Jennifer Subject: Dudley Landscaping Mine comments Ashley, Please find attached a mine review sheet for Dudley Landscaping Mine, permit #07-46. It appears that the proposed expansion encroaches onto the drainage feature and possible wetlands area. This drainage feature and possible wetland area are not shown on submitted plans. I spoke to Floyd Williams (consultant for this Mine) and he said he will revise his expansion limits to stay outside of area of concern. Once when we receive revised plans and since there is no dewatering proposed, we will not have any issues with this permit. If you have any questions, please feel free to contact me. Thanks 5amir Dumpor Environmental Engineer II NC Department of Environment and Natural Resources Surface Water Protection Section Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Office: 252.948.3959 Fax: 252.946.9215 NOTE: Please update your address book with my new email address Samir.Dumpor(@ncdenr.gov Please consider the environment before printing this e-mail. 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. --- - �+,,y-f - --- - "yam, .- 4i-- - --r--•r�--- �^.. �-� �..�y;r•n�^-.--�.........�,�r..,. - __..y "„�,y'vih+r • • MINING CHECKLIST FOR ROUTING ,Whc &s Name: iSCat � " Nrm e- Las, Al Y e3 Sle vv; Cr , m�-r . 1-11 iwkc./Ptrmtf No.• U cmq= A e ,-,Avt Dail RtettnL- 3 ReYt WV' S U a� d4(S Rtm East[ Nam. -TGLv .J V ❑ New �RcncwaI ❑ Mad�icatioa (tasik yermtt bauadarta) ❑ Modiftwum (cr bikycmft ems) ElTrmftr ElR&M IIPartialR169 YA11luonal Iafi?rlaaffoa ❑ Fee Ne&i. $ ❑ Fa Reatved: $ Picric routt eattm hcom to: L � °dam (z �% t6 W � Cp M"Vh �,► AUkg tO M V and h both iht DWQand DAQ'Mllff?� Ayylitattml RCY N FM r' to t6 etkT Copy; send bode MyffS to t6 Roonal Ew fiM) Dak: ROW Read ❑ Division of water RWWW Date: ROW Read ❑ NC wildlife Raaum COamtS o Daft: RMW Red ❑ us Fish & wtldlrff scrota Daft: RMW Read (only aw A"hcaum and m difttatfm rt Le& Ad add land to t6ymfdt) Please mutt first 3 PaAes of tht wltcatton ad as kattaa main to. ❑ Div AM of Parks & Rena& a Date: Routed Reed ❑ NC Geolagtral Survey section Daft: Routed Red ❑ DtVbW of Martat Ftsherta Date: ROW Rtc'd ❑ Dtvts10 of Soil & Wafer Caascrvafton (plus LEA) Date: Round Read (only aw aJrJdlmumis and m dtft dfm "Kos that add Lard to the p7wo ❑ Dtvt40 of Archtvrs do " (only new appUrattons) ❑ other: DAtt: RaW Read Date: Routed Rtc d **slew Date for c mments. `( g (w later thaa zs &p from mceiyt) ❑ P1lw note &ffaAo*v. FD)o- `I OcA p 'Ke 1 3 • LLItms P.o, Box 1901 BATH, NC 27808 Environmental & Geological 5c;rvices m.i_c (800) 240-8550 March 11, 2011 Ms. Ashley L. Rodgers Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699-1612 RE: Revised Mine Map for Partial Release and Renewal Dudley Landscaping & Tree Services, Inc. Mine Permit No. 07-46 Beaufort County Dcar Ashley, Enclosed are two copies of revised plans for the Dudley Landscaping Mine in Beaufort County. We have backed off the new permit boundary from areas where Water Quality had some issues. I worked it out where the new permitted area and affected areas, etc. are the same in acreage as in the original submittal. If you have any questions please give me a call. Sincerely, Floyd R. Williams, PG, CPG, CPESC Enc: Revised Maps (2) Dudley Landscaping & Tree Services, Inc. MAR 14 2011 C, Rodgers, Ashley From: Rodgers, Ashley Sent: Thursday, March 10, 2011 2:28 PM To: 'Floyd Williams'; 'floyd@williamsegs.com' Subject: Dudley Landscaping Floyd, Are you close to resubmitting this one? If not, I need to send a letter tomorrow. I'm going to ask for several of the things Gary had noted that we discussed. One thing I did note was that the current permit calls for a 50 foot undisturbed buffer along all streams/wetlands and a 25 foot unexcavated between any mine excavation and permit boundary. So I'm not going to ask for a larger unexcavated buffer along the permit boundary. Thanks, Ashley Rodgers Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (919) 733-4574 (919) 715-8801 - fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. NCDENK North Carolina Department of Environment and Natural Resources Division of Water Resources Beverly Eaves Perdue, Governor Thomas A. Reeder, Director Dee Freeman, Secretary February 28, 2011 MEMORANDUM TO: Ms. Ashley Rodgers Land Quality Section FROM: Gabrielle Cooper Ground Water Mania ement Section Division of Water Resources SUBJECT: Comments on the Mining Permit Renewal Request for: Dudley Landscaping & Tree Services, Inc. Dudley Landscaping Mine Beaufort County Please find attached a copy of the mining permit renewal request for the above referenced project. The Dudley Landscaping Mine located in Beaufort County does_not appear to have an unduly`adverse_effect•on [ground-water-supplies_since_there is no dewatering_proposed_ no site. However, if the mine starts to withdraw 10,000 gpd to 10 0,0 00 gpd of water, they will need to re ister their water withdrawals and if this mine starts to withdraw 100,000 gpd or more of water, they will need to obtain a CCPCUA permit. A Central Coastal Plain Capacity Use Area (CCPCUA) 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, Duplin, Edgecombe, Greene, Jones, Lenoir, Martin, Onslow, Pamlico, Pitt, Washington, Wayne, or Wilson County. If you have further questions, you may go to the www.ncwater.ora and click on the link for Central Coastal Plain Capacity Use Area or contact the Division of Water Resources at (919) 715-5370 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 Phone: 919-733-40641 FAX: 919-733-35581 Internet: www.ncwater.org An Equal Opportunity 1 Affirmative Acton Employer - 50 % Recycled 110 % Post consumer Paper RECEIVE MAR 012011 R. LAND QUALITY MINING PROGRAM One NorthCarolina Naturally Ar, imh NCDENR North Carolina Department of Environment and Natural Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist February 1, 2011 MEMORANDUM TO: Mr. Nat Wilson Habitat Hydrogeology Group Division of Water Res urces FROM: Brenda M. Harris Mining Program Secretary Land Quality Section Resources SUBJECT: Mining Permit Renewal for Dudley Landscaping S Tree Services, Inc. Dudley Landscaping Mine Beaufort County Beverly Eaves Perdue, Governor Dee Freeman, Secretary Mine Dewatering Proposed N 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 potable groundwater supplies (G.S. 74-51 (2)). Please respond by February 24, 2011 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 potable groundwater supplies 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. Ashley Rodgers at (919) 733- 4574 if you have any questions. Ibmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: 919.733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 l • Rodgers, Ashley From: Rodgers, Ashley Sent: Tuesday, March 01, 2011 10:24 AM To: Novak, Gary Cc: Ward, Allison Subject: RE; Dudley Landscaping Mine P#07-46 (Renewal) Hey — Floyd called yesterday and has asked me to hold off sending an ADI on this one. He says that after talking to Samir in DWQ he needs to revise the boundaries of his map (what he is releasing vs. the new permit boundary). When he resubmits, I will forward to you. However — were you ok with the previous area he is requesting for release, or do you want me to go ahead and tell Floyd to have the new permit boundary flagged so that you can more easily tell what he is requesting for release? Ashley Rodgers Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (919) 733-4574 (919) 715-8801 - fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Novak, Gary Sent: Wednesday, February 23, 2011 9:36 AM To: Rodgers, Ashley Cc: Ward, Allison; Mcclain, Pat Subject: Dudley Landscaping Mine P#07-46 (Renewal) Ashley, A site review of the application to renew was conducted on 2/11 /11 with the following comments: Photos are attached for the partial release of Bond for 17.03 acres at the above mine. Photo 2 shows area in foreground cleared of groundcover. That area is not part of the release area. Map: The new permit boundary needs to be clearly marked in the field Show the acreage on the map acreage chart proposed to be released. Show storage shed located near the haul road; in -addition, the haul road is shown to go through a section of undisturbed buffer Revise that section to be unexcavated buffer. The name of the access road to the site is called Molly Lane not Woolard lane. Please revise. Show all drainage features (a drainage ditch not shown in the southern area closest to drainage canal) on the map; include erosion and sediment control structures for those features. ~Provide details for the measures and/or devices; include details for road culverts of the haul road with inlet and outlet protections. r If dewatering activities are desired (discharge hose found near mine excavation) revise the renewal application to include dewatering. r Provide justification to maintaining a 25 foot unexcavated buffer (the narrative indicates 50 foot undisturbed buffer). The proposed average depth of the mine is 20 feet. A 40 foot unexcavated buffer is preferred. Correct the map to reflect the narrative if narrative is correct. (- 2x the depth) in -order to meet the 3:1 graded slope of the mine; prevent going into the undisturbed buffer to get enough material. Please call me if you have any questions. Gary A. Novalk NC Dep?riment of Environment and Natural Re,,; Environmental Senior Spedialist 252 Q -6? i eat. 3860 WotP c=s•r: ,no=rak �n_cie€�r,c�oa Nord) Carotna Deotartment of Environ€ne€)t & '243 V','.SNAgMn Stuare Mall ,xiasi�ington, Mlord� Ckolina 27589 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 • 0 Rodgers, Ashle From: Rodgers, Ashley Sent: Monday, February 28, 2011 3:01 PM To: 'floyd@williamsegs.com' Subject: Dudley Landscaping Floyd — One more thing about Dudley Landscaping — if the permit boundary changes such that you are adding land that was not previously permitted, you are going to need to do a full modification for the site, including a fee and notifications. If you are just changing your partial release request, just show the new area for release clearly. Thanks, Ashley Rodgers Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (919) 733-4574 (919) 715-8801 - fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 40 b -t) IF Loy d W) � 1.} Qq-)z czho 3. not 5'e-n d - A 4, D'6 Lo,_h d s; cj w►ll rtSk� rn; w!'',-) `}< r.2x'r Wt¢.Ic 0- 2ro, AP S/11 a_f_ a = 96 er-1 Go, �r GlAvc� w • pry cop; P s of 60-V�01 Ash�y'S CIO VIA rvLr 111 s evsw. 3)1)11 0'c i Rodgers, Ashley From: Novak, Gary Sent: Wednesday, February 23, 2011 9:36 AM To: Rodgers, Ashley Cc: Ward, Allison; Mcclain, Pat Subject: Dudley Landscaping Mine P#07-46 (Renewal) Attachments: Gary A Novak.vcf; DudleySandPitreleaserenewalBeaufort 001.jpg; Dud leySan d Pitrelea se renewa I Beaufort 002.jpg; DAQDudleyLandscapingMinebeaufort.jpg; 07-46 DLR-DWQreviewsheetDudteyLandscape.doc Ashley, A site review of the application to renew was conducted on 2/ 11 / 11 with the following comments: Photos are attached for the partial release of Bond for 17.03 acres at the above mine. Photo 2 shows area in foreground cleared of groundcover. That area is not part of the release area. v� S Map: The new permit boundary needs to be ctearty marked in the field fart YV ►5 a -ex? q tv Show the acreage on the map acreage chart proposed to be released. to.Q1' Show storage shed located near the haul road; in -addition, the haul road is shown to gehe through a section of undisturbed buffer Revise that section to be unexcavated buffer. name of the access road to the site is called Molly Lane not Woolard Lane. Please revise. QShow all drainage features (a drainage ditch not shown in the southern area closest to drainage canal) on the map; include erosion and sediment control structures for those features. Provide details for the measures and/or devices; include details for road culverts of the haul road with inlet and outlet protections. �--a�htst. QYe �XiSrb ,/ `If dewatei ing-activities-are_desired(discharge-hose-found^near min excavation) -revise -the trenewal-application-to�i%icLutle dewatering. =7-1h;s�vlowt�-bt-a—+m_ _J— �. Provide justification to maintaining a 25 foot unexcavated buffer (the narrative indicates 50 p foot undisturbed buffer). The proposed average depth of the mine is 20 feet. A 40 foot 0-'?t5a�r� unexcavated buffer is preferred. Correct the ma to reflect the narrative if narrative is � bu0`'s correct. �0.,s hC7w 44'a'", C'v�' rYir 11�, rYizYlr (2— 3.1, er`ab. ok. 2x the depth) in -order to meet the 3:1 graded slope off` the mine; prevent going into the Q.e,rr^,,,wndisturbed buffer to get enough material. bo Please call me if you have any questions.V° Revise 'gyp -to SVIOw a0 vVe_4 Vxnd S' 4 V—LCP 50 X4 raw OQ_J �1���-}-1.�,v►-, Gary A. Novak HIC Department of _n�:'ronynent and MMOrel Re.,. En='� of lrre; taf Senior Soecfalis: 252-946-643 i ext. 3260 Iork gar ;.' • nozlak Zincdenr , ra'r Nort,i Carolina Depzartnlent of Environment .,. 943 A,*ashington Sgssare Mall i>rasllington, North CArot:ma 27339 o-5 v\l 1 i e }7c YY-'I" -4 bo o(ot • 0 n GL !- l oy d's 're `,n,5e_d 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 -r .. �. - .. � �'., .....a .. W � , �i .. N y } P-, _ _ -_�- }., _ . r :y Y .. I.. • � � MINING PERST APPLICATION RAIEW FORM for the AY, t DIVISION OF AIR. QUALITY ,NRUMON"Er �Flp PIWA Please return comments back to: �- C , Comments due by: 2-22,11 Will, he -peraEicn, as pro.posed, violate standards of air qualir/? 1_1L Comments: YES No Ar oerm, a recuired kr permnit existing (permit Y Other Ccmmen;s: Reviewed by: Date" Print Name: -7 01912005 C �,-r!raj Office Rowe E C E 0 WE FEB - 3 2011 DAIS WARD 0 0 • 0 Rodgers, Ashley From: Dumpor, Samir Sent: Tuesday, February 22, 2011 9:32 AM To: Rodgers, Ashley Cc: Novak, Gary; Jones, Jennifer Subject: Dudley Landscaping Mine comments Attachments: 07-46 DLR - Water Quality Review Sheet 201 O.doc Ashley, Please find attached a mine review sheet for Dudley Landscaping Mine, permit #07-46. It appears that the proposed expansion encroaches onto the drainage feature and possible wetlands area. This drainage feature and possible wetland area are not shown on submitted plans. I spoke to Floyd Williams (consultant for this Mine) and he said he will revise his expansion limits to stay outside of area of concern. Once when we receive revised plans and_sin`ce there -is -no Cdewatering.proposed, we wilLnot:have.any_ isues.with_this_permit. If you have any questions, please feel free to contact me. Thanks Samir Dumpor Environmental Engineer II NC Department of Environment and Natural Resources Surface Water Protection Section Washington Regional Office 943 Washington Square Fall Washington, NC 27889 Office: 252.948.3959 Fax: 252.946.9215 NOTE: Please update your address book with my new email address Samir.Dumpor{Bncdenr.gov Please consider the environment before printing this e-mail. 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. Rrnt thisrm to PDF Return PDF of this form to DLR CO by email, cc DLR RO and DWQ SPU MINING PERMIT APPLICATION R&IEW FORM for the DIVISION OF WATER QUALITY THIS SECTION TO BE FILLED OUT BY DLR: Project Name: -Dudley Landscaping & Tree Service Inc. DLR Permit #: 07-46 County: Beaufort Address:_ 320 Haven Street, Washington, NC 27889 YES NO Date Commencin Is this mine a new mine? r I✓, 12/7/2001 Have land disturbing activities started? Date? C ". 12/7/2001 Latitude:35.523 Longitude:-76.9851 Please return comments to (at DLR CO): Ashley Rodgers Comments due by: 2123111 SECTION BELOW TO BE FILLED OUT BY DWQ: Is the RO concerned that the operation, as proposed, would violate standards of water quality? yes- see comments bellow Comments: Current proposal encroaches onto the possible wetlands and drainage features (not shown on plans). Spoke to Consultant (Flovd Williams) and he said that he will revise the expansion area. Watershed/Stream Name & Classification: Tar/Pam/Broad Creek- C, NSW129-10-(1 DWQ Compliance Status of Mine: none YES NO NPDES permit required? NPDES permit existing? r (Permit # ) r If an NPDES permit is not required, is DWQ still concerned about wetland degradation, by dewatering? Should permittee contact DWQ RO immediately? (e.g. to schedule a site visit if r RO Contact Name: Samir Dumpor I✓ mine has already begun digging or is Contact Reason: revision of expansion dewatering without DWQ permit) 401 Wetland Cert. required? `r:_ i -,See comment 401 Wetland Cert. existing? Permit # it Rev September 2010 Rdnt this dorm to PDF Return POF of this form to DLR CO by email. cc DLR RO and DWO SPU Ada, Does DVIIQ`,RO currently hayee gh J information ,46,ddermnel a 401 ... certific.Mionis'require Rev September 2010 r*int this%,, to PDF Return PDF of this form to DLR CO by email, cc DLR RO and DWQ SPU • • YES NO Are wetlands disturbed at this site? Does DWQ RO suspect or know of nearby f� possibly F wetlands to the site? Is a wetland delineation required prior to r By: ;r_,.JD or r.'Consultant I✓ 'see comment DWQ issuing the permit? Wr ,Onsite? Or r Offsite? Stream Determination Needed? r , r Stream Determination Completed? r; Pi Does DWQ RO need a statement that no wetlands/streams are disturbed r r for this project from applicant? Buffer Determination Needed? r r Buffer Determination Completed? r r Recycle system permit existing?* r Permit # r ' New Recycle System permit required?* r r Enough information to determine? Non -discharge permit existing?* r Rermit # r Will wastewaters discharge to HQW waters r , r 7Q10 Unknown (permittee determine): r with a 7Q10=0? ** Flow: r; Has. Violation r-'� O&M Requirements Does DWQ require DLR to hold the permit r - HQW/7Q10.Concems I,r (e.g. so DWQ can review it further or f-JOther. Reason: 9ee'commdnt because DWQ requires more information)? F RO_ contact: r . Hold Until: Mine must wait to dewater until an O&M �-- r plan is approved? Recvcle systems that do not meet those criteria are considered discha�r inq. systems, and are subiect to the NCG020000 discharge permit. *To obtain 7Q10 flows, permittees must contact the DWQ Sto►mwater Permitting Unit. If DWQ does not have a flow estimate fore specific stream, pe►rnittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for more information on obtaining a 7Q10 flow. USGS will not determine a 7Q10 flow for tidally influenced water bodies. Reviewed by: DWQ RO Surface Water: WaRO Regional Office: Samir Dumpor Date: 2/21/2011 RO Aquifer Protection Section: Regional Office: Date: SPU DWQ Central Office Reviewer (if applicable); Rev September 2010 !� • 4 FIA 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 February 1, 2011 MEMORANDUM C " 11 - 02.0q. 0 i TO: Ms. Maria Tripp Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harr-KS&A Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Dudley Landscaping & Tree Services, Inc. Dudley Landscaping Mine Beaufort County Beverly Eaves Perdue, Governor Dee Freeman, Secretary x- A -i VE6 2D11 RECE IED Reu-114 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 February 24, 2011 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, estuarine, or marine fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Ashley Rodgers at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699.1612 -919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 +...,. .,r yoy,jr'v'ti t1.J+5, .�rr+y• t„r, n - - �-�,,,YYY'�•+•f.».�-,. 1.'r�--y�., -"1.�:.�- - - .n.,,a.,r �/ •MINING CHECKLIST FOR ROUTING Ayyhe !b NAmt: 1� 1 i (l # U 1� (� 5 r n G4 Propct mon: 1 C-A i P n L c k })( rn J -TY of se V vi CI ,! Ayyhc./Permtt No.: (} - -Lllp Caua]: ( P 0, U1 v Dak Rrwtved: RNkl9e1: R.tvt► SAsfn NARK: Q u ❑ NCW T` RtncwAl ❑ mdocaum (hWkyamit 60101es) ❑ Md*&m (adidcycrnttt komdaW) ❑ Troufcr ❑ Rc6w 1� PartW R96M ❑ Aaffl d I0rmOM ❑ Fa N94U $ X Fa RCM'W : Pltatt mite cnttn gktwx c to: lhecas� RLc60MAI Oita. (z caTWI Wytcs; attach tie � Re ORd OPU Mildy A)TU UM Rt*w to one coyy and atfach both HurDW�•MtntV Ayyl C&M WkW FOW to tk Often Coyy; scud bath coytcs to & 1trPOW 1 Er) Date: Ra W Divfston of Water R=rccs Dak: Rant l NC Wtldlfe R[SO r= COMMEWan Dak: Raxkd ❑ US Ffsh & Wtl* S rVW DAk: RMW (o►dy mw ayy]tcattmu and mdd�kem mfwAi that add land to thcycr+ntt) rkw rnuk rust Ines I the ffhcaUm and and !T to. ❑ Dtv90 of Pant & Recnatton Dak: ROW ❑ NC GtolVteAl SlirRy Secttan Dak: RAW ❑ Dtvtttan of My t Ftshe is DAk: Raukd ❑ Dtvl O of Soil et WAkr CansMgb n ( &S LEA) DAtc: RMW (o,dy nfw ayyltratim m d mad uffmt requests that add land to the rrW) ❑ DM tan Y! Archtvcs & IiPStOrJ (only new ayyltrattoas) ❑ other Red iI Raid Brad Rwd Rwd Rind Read Rwd Dak: Routed RWd Daft: ROW Rind * *St[s = Daft for Canatten�: a I l 1 (� IAkr t1,An as da)S fr�n rtetiyt) ❑ Platt Hatt tht fib".. V `1 �� n-�I r -� ✓� f � -%- v �a �c� i ��1C•� I r 1��`l� S , t-1 ti`- �iSl� Lc� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Duality Section James D. Simons, P.G., P.E. Director and State Geologist February 1, 2011 MEMORANDUM TO: Ms. Maria Tripp Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harr'KS&A Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Dudley Landscaping & Tree Services, Inc. Dudley Landscaping Mine Beaufort County Beverly Eaves Perdue, Governor Dee Freeman, Secretary 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 February 24, 2011 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, estuarine, or marine fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Ashley Rodgers at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 * A 1 IAA 7 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 February 1, 2011 MEMORANDUM TO: Mr. Nat Wilson Habitat Hydrogeology Group Division of Water Res urces FROM: Brenda M. Harris aa"— Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Dudley Landscaping & Tree Services, Inc. Dudley Landscaping Mine Beaufort County Beverly Eaves Perdue, Governor Dee Freeman, Secretary 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 potable groundwater supplies (G.S. 74-51 (2)). Please respond by February 24, 2011 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 potable groundwater supplies 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. Ashley Rodgers at (919) 733- 4574 if you have any questions. Ibmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 DUDLEY LANDSCAPING & TREEIRVICE, INC. FIRST SOUTH BANK 320 HAVEN STREET WASHINGTON NC 27889-3843 WASHINGTON, NC 27889 y PH. (252) 948-9346 1127601< •,^.. PAY TOTHE NCDNR-LAND QUALITY SECTION ORDER of..:.7b0.00 Seven Hundred Fifty and,00/100 8 DOLLAR$ NCDNR-LAND QUALITY SECTION, 1612 MAIL SERVICE CENTER - RALEIGH:NC 27699-1612 9 MEMO. MININING PERMIT RENEWAL FEE DUDLEY LANDSCAPING & TREE SERVICE, INC. 4974 NCDNR-LAND QUALITY SECTION 1/2712011 License & Permits 10 YEAR FEE 750.00 FIRST SOUTH BANK MININING PERMIT RENEWAL FEE 750.00 DUDLEY LANDSCAPING &TREE SERVICE, INC. 4974 NCDNR-LAND QUALITY SECTION 27/2011 License & Permits 10 YEAR FEE 750.00 1p FIRST SOUTH BANK MININING PERMIT FEE 750.00 OlDnA xz CORP' 1+800-328.0304 www.deluxeforms.com RodigWs, Ashley From: Rodgers, Ashley Sent: Monday, January 31, 2011 2:45'PM To: Dumpor, Samir Subject: 07-46 DLR - Water Quality Review Sheet 2010 Attachments: 07-46 DLR - Water Quality Review Sheet 2010.doc Samir, Attached is a review sheet for the renewal/partial release of mine permit no. 07-46, Dudley Landscaping Mine, in Beaufort County. The renewal package should go out via courier this afternoon or tomorrow morning. Let me know if you have any questionsi Thanks, Ashley Print this foray to PDF Return PDF of this form to DLR CO by email. cc DLR RO and DWQ SPU MINING PERMIT APPLICATION R&IEW FORM for the DIVISION OF WATER QUALITY THIS SECTION TO BE FILLED OUT BY DLR: Project Name: Dudley Landscal in_g & Tree Service, Inc. DLR Permit #: 07-46 County: Beaufort Address:_ 320 Haven Street, Washington, -NC 27889 YES NO Date Commencinsa Is this mine a new mine? i 5 0- 12/7/2001 Have land disturbing activities started? Date? r 12/7/2001 Latitude:35.523 Longitude:-76.9851 Please return comments to (at DLR CO): Ashley Rodgers Comments due by: 2123111 SECTION BELOW TO BE FILLED OUT BY DWQ: Is the RO concerned that the operation, as proposed, would violate standards of water quality?. Comments: Watershed/Stream Name & Classification: DWQ Compliance Status of Mine: YES NO NPDES permit required? NPDES permit existing? r (Permit # ) If an NPDES permit is -not required, is DWQ still`concerned about we'tiand de�� radation by dewatering?: Should permittee contact DWQ RO immediately? (e.g. to schedule a site visit if r RO Contact Name: I -- mine has already begun digging or is Contact Reason: dewatering without DWQ permit) 401 Wet_lan'�d Cart required?° r : 401 Wetland Cert. existing? I' Permit # Does DWQ�RO currently haV,e enough Z information to.determine if a 401. r mp certification Rev September 2010 Print this form to PDF . Retum PDF of this form to CO by email, cc DLR RO and DWQ SPU V YES NO Are wetlands disturbed at this site? Does DWQ RO suspect or -know of nearby r r wetlands to the site? Is a wetland delineation required prior to BY:_ JD or r--'-,,Consultant i ' DWQ issuing the permit? F ,p nsite? Or- Offsite? Stream Determination Needed? F r Stream Determination Completed? Does DWQ RO need a statement that no wetlands/streams are disturbed r r for this project from applicant? Buffer Determination Needed? Buffer Determination Completed? r r Recycle system permit existing?* lr ' Permit New Recycle System permit required?* Enough information to determine? Non -discharge permit existing?* T_,Permit # . Will wastewaters discharge to HOW waters r r 7Q10 Unknown (ermittee determine): r , with a 7010=0? ** Flow: r J Has Violation Does_ DWQ require DLR to hold the permit - O&M Requirements (e.g. so DWQ can review it further or HQW17Q10 Concerns,_� Other. Reason: because DWQ requires more Information)? RO contact: �r Hold Until: Mine must wait to dewater until an O&M r plant is approved? *The NPDES SW and WW permit NCG020000 covers closed -loon recycle systems, designed to exclude all stormwa ter run-off from the system and o emte at or below two -feet of freeboard. Theses stems maybe perrnittedbya Non-discha a Recycle S ste Permit from the Aquifer Protection Section LAPS). OR may instead be permitted under NCG020000 to eliminate an additional permit. Racy cle„systems that do not meet those criteria are considered discharging systems, and are subject_to the NCG02000_0_dischargee permit, **To obtain 7Q10 flows, permittees must contact the DWQ Stormwater Permitting Unit. If DWQ does not have a flow estimate fora specific stream, permittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for more information on obtaining a 7Q 10 flow. USGS will not determine a 7Q10 flow for tidally influenced water bodies. Reviewed by: DWQ RO Surface Water: Regional Office: Date: RO Aquifer Protection Section: Regional Office SPU DWQ Central Office Reviewer (if applicable): Date: Rev September 2010 Al% WILLIAMS UPEnvironmental & Ceolegical Services nu: January 28, 2011 Mining Program Land Quality Section Division of Land Resources 1612 Mail Service Center Raleigh, NC 27699-1612 RE: Partial Release and Renewal Application Dudley Landscaping & Tree Services, Inc. Dudley Landscaping Mine — Mining Permit No 07-46 Beaufort County Tar -Pamlico River Basin Mining Program: jjj (� NJ - CL4-* Voice I Fax (800) 240-8550 P.O. Box 190 Bath, NC 27808 www.WilliamsEGS.com JAN 3 12011 AL1TY SECT Mr. Stuart Dudley with Dudley Landscaping & Tree Services Inc. has retained me to handle the referenced Mining Application. Enclosed are an original and six copies of an application for a Partial. Release and Renewal of the Dudley Landscaping Mine — Mine Permit No. 07- 46 in Beaufort County. Also enclose is an Application Renewal Check in the amount of $750.00. The existing permitted acreage and the area approved to be affected are both 26.22 acres. We are requesting the release of 17.03 acres that has never been affected by mining related activities. Most of the 17.03 acres is an existing pine plantation. Once the 17.03 acres are released, the remaining acres will be a total of 6.05 acres'that will be disturbed and 3.14 acres of mainly pine plantation buffers. This results in.a new mine permit area of 9.19 acres. Mining Program January 28, 2011 Page 2 The enclosed new mine maps show the areas to be released which includes all areas indicated by the diagonal lines. As noted on the mine map, the access roads to from Magnolia School Road to the mine area are included within the permit boundary and included in the affected area total. Sincerely, Floyd R. Williams, PG, CPESC, CPG cc: Dudley Landscaping & Tree Services, Inc. Enc. Mining Permit Applications and Mine Maps Renewal Application Fee APPLICATION FOR A MININARMIT • NORTH CARO ND NATURAL RESOURCES NA DEPARTMENT OF VIRONMENT�G 1�1 LAND QUALITY SECTION 1 Z011 Q HRH � APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Dudley Landscaping Mine County Beaufort River Basin Tar/Pamlico Latitude (decimal degrees to four places) 350 31' 24" Longitude (decimal degrees to four places) 76" 59' 04" 2. Name of Applicant* Dudley Landscaping & Tree Service, Inc. 3. Permanent address for receipt of official mail** 320 Haven Street Washington, NC 27889 Telephone (252 ) 946-9346 Alternate No. 4. Mine Office Address 320 Haven Street Washington, NC 27889 Telephone ( 252) 946-9346 5. Mine Manager Stuart Dudley 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. ***S Print Name ST Title S� ae-�: Date ! ;L 7 ! // * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (securiW that corresponds to this site. * * The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Si nature of company officer required. G. S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. -1- APPLICATION FOR A MININARMIT • NOTE: All of the following questions must be thoroughly answered regarding your mining operation for th ritended 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 a,pplication for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: X If this is an application for RENEWAL & PARTIAL RELEASE of a mining permit, indicate the mining permit number and Me total (overall) acreage covered y the existing permit: Mining Permit No.: 07-46 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): ter release — 9.19 acres. ❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered y the existing permit. Mining Permit No.: Total permitted acreage: Doe the modification involve acreage within the previously approved permitted boundary? Yes No E. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes ❑ No ❑. If yes, indicate the additional acreage to be covered by this modification: . (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed, ground cover removed) by the mining operation? Yes ❑ No [} (If no, a "minor modification" fee of $ l 00.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ❑ If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covere3 By Me existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTIONS) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Topsoil 1 Sand _ 3. Mining method: H Hydraulic Dredge X Front-end Loader & Truck X Shovel & Truck Dragline & Truck ❑ Self -loading Scraper Other (explain): Excavator & Truck 4. a. Expected maximum depth of mine (feet) 30' Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) b. Expected average depth of mine (feet) 20' -2- APPLICATION FOR A MININGWRMIT 5. Has any area(s) at this site been mined in the past? Yes X No If yes, when and by whom was this activity conducted? _ Dudley Landscaping & Tree Service, Inc. 6. Number of years for which the permit is requested (10 years maximum): 10 B. MAPS 1. Clearly mark and label the location of your mining operation on six 6 copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) conies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing_ Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5t" Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 www.P_eoloff.enr.state.nc.us/ County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation -- Geographic Information Systems (GIS) Mailing Address: NCDOT GIS Unit 1587 Mail Service Center Raleigh, North Carolina 27699-1587 Physical Address: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919) 212-6000 www.ncdot.ordit/gisContact/default.html 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and riohts-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 remove ). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. -3- APPLICATION FOR A MININGWRMIT 0 p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 049 Acres I inch = 50 feet 50-199 Acres I inch = 100 feet 200+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- APPLICATION FOR A MININARMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds Stockpiles .30 Wastepiles Processing Area/Haul Roads 1.75 Mine Excavation 3.25 Other (Explain) 1.05 Total Disturbed Acreage 6.05 NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE -ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- APPLICATION FOR A MININGWRMIT • C. PROTECTION OF NATURAL RESOURCES Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. Applicant is requesting release of 17.03 acres of existing 26.22 permitted area that has not been affected by mining activities. This will leave 9.19 acres of permitted area. Mining activities will take place within the pit and unexcavated buffer areas as shown on updated mine map. 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 erasion control for mine excavalion(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 ,at all sediment and erosion control measures on the mine maps) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. All drainage from affected areas will drain into the existing pit area. 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 wastewater from the mine or plant as a point discharge to the waters of the State? Yes ❑ No X . If yes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method ofstabilization) on your mine map(s). -6- APPLICATION FOR A MININGWRMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes X No ❑. GIf yes;fdo y_ou��intend-,to-dewaterythe;excavation(s)?�Yj6s_Q�No�X1 If yes, what impact, ifany, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine maps) that lie within 500 feel 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 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 X. If yes, indicate evidence that you have applied for or obtained an air quality permit issue7by the Division of Air Quality or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? Water truck will be utilized if necessary. -7- APPLICATION FOR A MININARMIT • a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). A 50 foot ri arian buffer exists along the west, south and southeast sections of the site. Additional 90 foot or wider undisturbed buffers are provided around new permit boundary as shown on the updated mine map. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be 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). See answer to 5a. b. 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. Landslides or slope instability that will affect adjoining. properties will not be an issue due to buffers being provided. Final reclamation slopes of pond area will be 3 horizontal to 1 vertical. -8- APPLICATION FOR A M1NINARMIT 0 b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. None of the above items will apply to this site. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross-sectionsjor all cut slopes must be provided on the mine map(s). NIA 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. NIA 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. NIA 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each type of barricade to be used must be indicated on the mine map(s). A locked gate is provided on farm path which is utilized as access road to mine. See location on updated mine map. -9- APPLICATION FOR A MININGqERMIT 9. Are acid producing minerals or soils present? Yes ❑ No X. If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine map(s) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. Existing trees are adequate for screening. 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. 11 Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ❑ No X. Ifyes, describe these materials, how they will be stored and method ofcontainment in case ofspill. Indicate the location(s) of all storage facilities on the mine map(s). -10- APPLICATION FOR A MININPERMIT 49 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) ofall permanent channels must be indicated on the reclamation map. Side slopes of the remaining pond will be graded to a 3 horizontal to 1 vertical. Affected areas around the pond will be properly graded and seeded. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes - ❑ No ❑. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-section(s) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes - X No ❑. If yes, specify species. Bass & Brim 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. A locked gate exists on farm path utilized to access mine. APPLICATION FOR A MININRERMIT • 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations for such areas must be provided on the reclamation map. None of these items will remain at mine site. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. Any remaining stockpiles will be properly leveled and seeded. b. Will any on -site roadways be left as part of the reclamation? Yes ❑ No X. Yyes, identify such roadways on the reclamation map and provide details on permanent 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 rior written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If disposal permit 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. No scrap metal, junk machinery, cables or other mining waste will be disposed of at mine site. No offsite generated waste will be disposed of in or on this mine site. -12- 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 XggL-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 — 2000 lbs/acre or follow recommendations from a soil test. FERTILIZER -- 1000 lbs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. MULCH — All seeded areas shall be mulched using small grain straw at a rate of 2000 lbs/acre and anchored appropriately. SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seeding Dates: Seed Types- Rate LbslAcre: Feb. 15 — April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop l Winter rye (grain) 15 April 1 -- July Common Bermuda 50 August l — October 24 Lespedeza.(unscarified) 30 German millet 40 October 25 — February 15 Rye (grain -temporary) 120 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 orestation an ap ro by: ` o Signature Date Print Name Floyd R. Williams Title President Agency Williams Environmental & Geological Services PLLC - 13 - APPLICATION FOR A MININPERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the a roximate acreage, or each lot AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COSTIACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. _ $ Stockpiles: .30 Ac. X $1800 IAc. — $ 540 Wastepiles: Ac. X $ IAc. _ $ Processing Area/Haul Roads: 1.75 Ac. X $1800 IAc. _ $ 3150 Mine Excavation: 3.25 Ac. X $ 500 IAc. — $ 1525 Other: Unexcavated Buffer 1.05 Ac. X $ IAc. — $ 1890 TOTAL AFFECTED AC.: 6.05 Ac. (TOTAL PERMITTED AC.: 9.19 Ac.) Temporary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 6.05 Ac. b) Positive Drainage Ac. X $1,500.00 = $ 0 SUBTOTAL COST: $ 7105. Inflation Factor: 0.02 X SUBTOTAL COST: $ 142.10 X Permit Life (Ito 10 years): INFLATION COST: $ 1421. TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 8526. Total Reclamation Bond Cost: $ 8500. (round down to the nearest $100.00) - 14- APPLICATION FOR A MININRERMIT • F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail, return receipt requested, to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bl). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -15- • 0 NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that (Applicant Name) has applied on (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ❑ a new surface miring permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine on acres located (Mineral, Ore) (Number) (Miles) of off/near road (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(bI), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). in addition, the mine operator must also notify the chief administrative officer of the 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 . ror information on the Mining Program staff at (919) 733-4574. Pleas (Addressee/Owner of Record's Name and Address) (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) mining (Name of Applicant: Include Contact Person & Company Name, if Applicable) (Address of Applicant) - 16- APPLICATION FOR A MININPERMIT 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 land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or 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 513.0004(d). 1 understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Title of person executing Affidavit I, 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- APPLICATION FOR A MINIAERMIT 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: Address: 320 Haven Street Washington, NC 27889 Telephone: (252} 946-9346 APPLICANT: Signature:* &novv- Print Name: Stuart Dudley Title: Company: Dudley Landscaping & Tree Service Inc. Mine Name: Dudley Landsca in Mine Telephone: (252) 946-9346 Date, Signed: / - Z? - Lai( Date Signed: _ f z7-2 *Signature must be the same as the individual who signed Page 1 of this application. or money ( sent to the form. essms tee tsee next page for tee scneauie) in the corm a cneck ,partment of Environment and Natural Resources must be at the address listed on the front cover of this application Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. -1s- APPLICATION FOR A MINING P4VIT MINING FEE SCHEDULE • A nonrefundable permit application processing fee when filing for a new mining permit, a major permit modification ora renewal permit is required as follows: New Permit Applications Permit Modifications Permit Renewals Transfers/Minor Modifications* 0-25 acres $39750.00 $750.00 $750.00 $100.00 26+acres $5,000.00 $1,000.00 $1,000.00 $100.00 * A nonrefundable $100.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership transfers, name changes, bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added to a permitted area, outside of the minimum permit buffer zone requirements, where no plans for mining related disturbance of the added lands have been approved. All other changes are considered major permit modifications. Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected by the modification within the permitted mine area, or any additional land that is to be disturbed and added to an existing permitted area, or both. -19- APPLICATION FOR A MINING IjWIT • 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, Clay, 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 Ofllee • 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 -20- APPLICATION FOR A MINING *MIT ! 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:910350.2018 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 -21 0 APPLICATION FOR A MINING POMIT 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 Smiles Wailes P.area/H.R. Mine Excay. SG, GS, $500/ac. L () $1800/ac. $2000/ac_ $1800/ac. $500/ac.(L) Borrow 1500(FI) $2000(PD) CS, DS, 500(L) 1800 2000 2000 500(L) FS, Ml, I500(FI) 2500(PD) LI, PF, OL, KY PH 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) CL 1000(L) 2500 5000 5000 2000(L) 2500(FI) 3700(PD) PE, AU, 1000(L) 2500 3000 3500 2000(L) TI., OT 2500(FI) 5000(PD) (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1512 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. - 22 - Rodgers, Ashley From: Ward, Allison Sent: Monday, June 27, 2011 12:13 PM To: Rodgers, Ashley Subject: dudley landscaping mine 07-46 Ashley, I went out this morning to look at the Dudley mine, All pump equipment is now gone from the site. An inspection and pictures are uploaded to IBEAM. Thanks A ison Ward Environmental Specialist NCDENR - Land Quality Section WaRO 943 Washington Square Mall Washington, North Carolina 27889 Phone: 252-946-6481 Fax: 252-975-3716 E-mail correspondence to and frorn this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. ■ Complete Items 1, 2, and S. Also complete item 4 If Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: nAr. Stuart Dudley Dudley Landscaping & Tree Service, Inc. 320 Haven Street Washington, North Carolina 27889 A. Si ture X ❑ Agent EZI/AGidressee B. eceived by( Prin ame) C. D e f Delivery D. Is delivery it 1? 0 Yes if YES, QrY low: ❑ No � Aj 3, rvice Typb ,,,_ %o,/' Certlfled Mall © Express Mall ❑ Registered Return Receipt for Merchandise © Insured Mall C.O.D. 4, Restricted Delivery? (Extra Fee) ❑Yes 2. Article Number - (Transfer from service label 7008 1300 0000 1125 5593 Ps Form 3811, February 2004 Domestic Return Receipt tt 6 1025e5-02-M-1540 16 m rk % m u `t James D. Simons June 20, 2011 N.C. Dept. of Environment that Natural Resources Division of Land Resources Ref: Mining Permit # 0746 Dudley Landscaping Mine Beaufort County Tar -Pamlico River Basin Dear Mr. Simons, Dewatering ceased June 13, 2011. The pump and hose found on the property did not belong to Dudley landscaping. We allowed another company to purchase sand. They were to dig, load, and`haul only. There was never any mentioning of dewatering by either party. We were to be out of town at the time that they needed to start so we gave them a key to the property. They started on 619/11 _ When we returned on 6/14/11 there was no pump at the mine. I noticed that the water seemed low but did not say anything. Your letter was the first of my knowledge of the pumping. We hope and plan to leave the mining permit as is with no dewatering clause. If in the future, there needs to be a change, we will by all means go through the proper channels for permitting. I am sorry for the miscommunication on my part with the other company and know that it was unintentional. Sincerely Stuart Dudley Cc: Pat McClain Ashley L. Rodgers JWh 9 2 2011 North Carolina James D. Simons, PG, PE Director and State Geologist An.WA NCDENK Department of Environment and Natural Resources Division of Land Resources June 15, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1300 0000 1125 5593 NOTICE OF VIOLATION OF MINING PERMIT Mr. Stuart Dudley Dudley Landscaping and Tree Service, Inc. 320 Haven Street Washington, North Carolina 27889 RE: Mining Permit No. 07-46 Dudley Landscaping Mine Beaufort County Tar -Pamlico River Basin Dear Mr. Dudley: permit. Beverly Eaves Perdue, Governor Dee Freeman, Secretary This is to inform you and your company of the violations of the above referenced mining On June 9, 2011, personnel of this office inspected your mine, copy of inspection report attached, and determined that one or more of the conditions contained in your mining permit are being violated. The conditions being violated are as follows: 1) Operating Condition No. 4D: No mine dewatering activities shall occur at this site. A pump was installed on site and was actively discharging into a drainage feature on the southern side of the mine site during the inspection. 2) Operating Condition No. 12: The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the minting, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to onsite implementation of the revisions. Geological Survey - Land Quality - Geodetic Survey Division of Land Resources • 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 Telephone 919-733-3833 / FAX: 919-715-8801 • Internet: http://www.dlr,enr,state,nc.usfindex.html An Equal Opportunity ! Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper I Certified Mail Mr. Dudley Page 2 The current mining permit, no. 07-46, requires that no mine dewatering activities shall occur at this mine site. However, during the June 9, 2011 inspection by Department staff, a pump was observed onsite which was active dewatering the mine excavation and discharging into a drainage feature on the southern side of the mine site. The mine permit has not been modified prior to this activity occurring on site. In addition, the mining permit renewal application, received by this office on January 31, 2011, indicated that no dewatering activities would occur on this mine site. When this office requested verification that no mine dewatering would occur at this site despite observing discharge hose nearthe mine excavation during a site visit on February 11, 2011, your consultant, Mr. Floyd Williams, again confirmed in a letter dated May 5, 2011 that your company did not intend to dewater the pit. In order to bring this site into compliance, the following corrective actions must be taken. - IMMEDIATELY cease all dewatering activities onsite. 2. WITHIN 15 DAYS OF RECIEPT OF THIS NOTICE OF VIOLATIONS, a mine permit modification request (including processing fee) must be submitted to this office if you and your company intend to conduct mine dewatering activities at this mine site. A permit modification checklist is enclosed for your information and use. It is recommended that your company contact the Divisions of Water Quality and Water Resources regarding any permitting requirements that must be met that pertain to the dewatering of the mine excavation. M WITHIN 15 DAYS OF RECIEPT OF THIS NOTICE OF VIOLATIONS, if you no longer intend to dewater the mine excavation onsite, you must provide a written confirmation that you have removed the pump and hoses from the site and will no longer pump or dewater at this site unless a modification to do so has been approved prior to any dewatering activities. If the above violations are not corrected within the prescribed deadlines following your receipt of this Notice, appropriate enforcement action may be taken and a civil penalty may be assessed against your company. If a civil penalty is assessed, the amount may be up to five hundred dollars ($500.00) for each day of violation, beginning with the date of your receipt of this Notice of Violation (N.C.G.S. 74-64). Other enforcement actions may include seeking an injunction, criminal penalty, revoking your permit or bond forfeiture procedures. Certified Mail Mr. Dudley Page 3 The responsibility for understanding and complying with the conditions of your mining permit rests with you. The responsibility also rests with you for notifying this office of your plans to correct the violations. Please do not hesitate to contact Mr. Patrick McClain, Regional Engineer, at (252) 946- 6481 or Mr. Tracy Davis, Chief Engineer, at (919) 733-4574 regarding any questions you might have about this matter. Very truly yours, r i James D. Simons, PG, PE ri JDS/ar/aw Attachment: Mine Inspection Report dated June 9, 2011 with Pictures Mine Permit Modification Checklist cc: Ms. Janet Boyer, PE, State Mining Specialist Mr. Bradley Bennett — DWQ Mr. Nat Wilson - DWR I • Rodgers, Ashle From: Mcclain, Rat Sent: Monday, June 13, 2011 12:46 PM To: Boyer, Janet; Wehner, Judy; Rodgers, Ashley Cc: Ward, Allison; Novak, Gary Subject: Mining NOV Attachments: 07-46 Dudley Landscaping mine 6-13-2011 nov.doc; dudly mine 6-9-11 inspection. pdf Attached is a draft NOV and an inspection report for the Dudley Mine (07-46). The NOV is for dewatering without prior permit modification. In early May, his consultant stated, in writing, that no dewatering was to occur. I believe that Allison sent pictures last week, they may be in IBEAM. Land Quality Regional Engineer - Washington Region NC Dept. of Environment and Natural Resources 943 Washington Square Mall Washington, NC 27889 Phone: 252-946-6481, Fax: 252-975-3716 5-.Hail to a4d #wc tka addneaa w" 6e a dfeat to dw Zwm i e4w&a4 ;Da&zc Rmou& .Larva "d de 4k1wd to t"d A&T4iea. op 0 0 0 June 13, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED NOTICE OF VIOLATION OF MINING PERMIT Dudley Landscaping and Tree Service, Inc. ATTN: Mr. Stuart Dudley 320 Haven Street Washington, North Carolina 27889 RE: Mining Permit No. 07-46 Dudley Landscaping Mine Beaufort County Tar -Pamlico River Basin Dear Mr. Dudley: This is to inform you and/or your company of the violations of the above referenced mining permit. On June 9, 2011, personnel of this office inspected your mine, copy of inspection report attached, and determined that one or more of the conditions contained in your mining permit are being violated. The conditions being violated are as follow: Operating Condition No. 1A: Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. 2) Operating Condition No. 4D: No mine dewatering activities shall occur at this site. 3) Operating Condition 12: 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 or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to onsite implementation of the revisions. The inspection revealed a pump was installed on site and discharging into a drainage feature on the southern side of the site. The mine permit has not been modified prior to this activity occurring on site. A letter dated May 5, 2011, in response to the ADI letter dated April 13, 2011, stated no dewatering of the pit is to occur. CERTIFIED MAIL 40 • Dudley Landscaping and Tree Service, Inc. ATTN: Mr. Stuart Dudley Page 2 In order to bring this site into compliance, the following corrective actions must be taken: 1. IMMEDIATELY cease all activities for which you are not currently permitted. 2. WITHIN 15 DAYS OF RECIEPT OF THIS NOTICE OF VIOLATIONS submit a modification request to include changes that have occurred to any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. If the above violations are not corrected within fifteen (15) days following your receipt of this Notice, appropriate enforcement action may be taken and a civil penalty may be assessed against your company. If a civil penalty is assessed, the amount may be up to five hundred dollars ($500.00) for each day of violation, beginning with the date of your receipt of this Notice of Violation (N.C.G.S. 74-64). Other enforcement actions may include seeking an injunction, criminal penalty, revoking your permit or bond forfeiture procedures. The responsibility for understanding and complying with the conditions of your mining permit rests with you. The responsibility also rests with you for notifying this office of your plans to correct the violations. Please do not hesitate to contact Mr. Patrick McClain, Regional Engineer, at (252) 946- 6481 or Ms. Janet Boyer, State Mining Specialist, at (919) 733-4574 regarding any questions you might have about this matter. Very truly yours, James D. Simons, PG, PE JDS/aw Attachment: Mine Inspection Report cc: Ms. Janet Boyer, PE, State Mining Specialist Mr. Bradley Bennett -- DWQ 40 • r North Carolina Department of Environment aad Nutul ources., Division of L;md esourc , Land Qua i6,, Section MINE INSPECTION _ (PERM11TED MINE) I. PY1iNf 4A;_i'.t:N1sif..i'il i 31_- ' c31'l✓1tA 1 C31 ; ,1 _L i �L�� �� l,4. r Ot.ra .._� ADDRESS F, PER MIT }.' tl'1 I]Cl_► 1 Ai e .. _ ._ IU ER E'14 N.A. k .LI_.u+.. S_..,.L.>.'...A......n-.........,__...,»»«».......,. S. Persota(s) cantactcd at site Was tnine.� operating, at time. of» ivgie;ction? iZ 'Yes E] No 1 O) Pictures" Vtts �'2 No l I. Date last mspecle l:._': � � .,1_1 (_ 12. Any mining,since last. irxspect:ic u'.) �.':� Yes f :J No [.. Is the rntnu, to COrnpliance at€tt the C crating Conditions, of the Permit'? (1 j e5 7Inc MAult 14, is the mine trI cornpliaxicc with the Rmlamatioii Conditiow, of the Pen -an? 'E Yes C ], No, If rto, captain: 5. Uicl any of the above deficiencies result in offsite damage? D Yes 71 0 If yes, describe they tvpc and severity of they (hunage: E niva>ures it e d d aud)or to it. G,=ci i 1 Otherrecommendations and conuricmis: A-) � ''�s� .L��� � � � � ��.'-� { _ ,.' s i_ ..._..._ 18. k the' Apra" Rec.lanaaum Report -,!-map accurate" �.�:� i"es F.", No (I-:xplain;l Not we'd ._ .......... _ ...,_. 19. Fallow --up impe,c.tiorl Heeded. Yes C7 N6 ���� ,z. t (_f�n ` �Vrrsp()scacl clatr. 1 20. !° m of additional page Of lrtapectimi Re x�n_�. ':i. Copy ofTt�c�rt sent to operator n (date) 1NP.;C 1`EL3 M':. DATE f `l cic:phoue No: �.._._ Wf7ilf' 4"!3pi' 10 63t' i'£t(foucop, �._..:..::� Llj[,1tfY7f�:t7T__...,.,s:_:...:M....._..._._...�....,...»»...v_.� j,� Sp6'-ri1117s., �Qilris • Rodgers, Ashley IIIIIIIAI From: Ward, Allison Sent: Friday, June 10, 2011 2:21 PM To: Rodgers, Ashley Subject: dudley landscpaing mine pics 07-46 Attachments: IMG_7726.jpg; IMG_7727.jpg; IMG_7728.jpg; IMG_7729.jpg; IMG_7730.jpg Ashley, I wanted to pass these your way before I got them uploaded into ibeam in case you needed them sooner. AElison Ward Environmental Specialist NCDENR - Land Quality Section WaRO 943 Washington Square Mall Washington, North Carolina 27889 Phone: 252-946-6481 Fax: 252-975-3716 E-rrmafl correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 0 • d: 0 0 0 I 0 0 �✓ �t � � ' 9 .8., � , 1 Y�� �.X.. d ~f ``� 't `. R . � �� ..ti`e�.A s �� r� • ,� `F �� f + �. n�.� y. ii-I m � F i ti: � e.W � . �'�.a y:'& � �. ;e w, g ���� r�, � �,�; • ,. ro, i! � .L . � '� e, ".� �" � � �� s�. °� �' ' �� �: � 1 �rK�' •,� �C. fdt I� ,. � �. �. nM �Y , � .. � } '. �� �� 4 � .�� � S i *� .� ♦:: '� N[ w.n'Af �, �� ���, i °d ° � �S �. r��a� `, iy��. „� � �. � re .. . . # .,.. 4 f � �� 9 �B�J • F ?¢ �.. .' . :��:: 0 �'A NCDENR North Carolina Department of Environment and Natural Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist November 15, 2010 Dudley Landscaping & Tree Service, Inc. 320 Haven Street Washington, NC 27889 RE: Mine 07-46 Dudley Landscaping Mine Beaufort County Tar -Pamlico River Basin Dear Sir Resources Beverly Eaves Perdue, Governor Dee Freeman, Secretary According to our records, the mining permit for the above referenced mine will expire on December 7, 2011, GS 74-52 provides that the permit may be renewed at any time during the two years prior to its expiration. The procedure to be followed and standards to be applied in renewing a permit shall be the same as those for issuing a permit. To apply for permit renewal, you must complete Item Nos. 1-5 of the Renewal Checklist (revised 11/2001). Complete and file an original and 4 (four) copies of the appropriate pages of the mining permit application form for this site along with the required corresponding mine maps. The appropriate application processing fee is also required.' The renewal checklist and application form and other forms may be downloaded by visiting: http;//www.dIr.enr.state.nc.us/pages/miningprogram.html, the web page for the Division of Land Resources' Mining Program. Please be sure to indicate any changes in the mining and/or reclamation plan. All requested information must be forwarded to the Land Quality Section's Central Office at the address located on the cover of the application form. If it is your intent to reclaim and release this site, the renewal will not be necessary. If this is the case, no further mining should be conducted after the expiration date and reclamation should begin immediately. It is further requested that you notify this office in writing of your intent to reclaim and release the site. It is recommended that you submit the above information for renewal of your mining permit at least 90 days prior to the permit's expiration date in order to allow the Department enough time to complete its review of your request before the permit expires. Page 2 Mine"No. 07-46 Dudley Landscaping Mine Beaufort County If you allow the permit to expire before submitting a request for renewal as per the above Checklist, you must immediately cease mining on and after the expiration date and complete reclamation of the site. Mining without a permit is subject to a $5,000 per day civil penalty. After the expiration date, approval of a new mining permit application will be required before mining may continue. Thank you for your cooperation. Please contact this office at (919) 733-4574 if you have any questions regarding this matter. Sincerely, Francis M. Nevils, Jr. PE Section Chief Land Quality Section FMNlbmh cc: Mr. Pat McClain North Carolina Department of Environment and Natwral Resources, Division of Land Resources, Land (finality Section (PWRiV MED MINE) 1. MINE NAME = l fig) . 2. MINING PERMIT.# 0 3. OPERATOR t�dk, COUNTYP�-,L4ort 5. ADDRESS _. � �� � ire :. G 2 zLe Cm. PERMIT EXPIRA ON DATE, 1-Z - 1 7. RIVER BASIN 77 To V°> S. Person(s) contacted at site o o it �F, a 9. Was mine operating at time of inspection? ❑ Yes WNo 14 Pictures? ❑ Yes ❑ No 11. Date last inspected: // / / / 0 7 12. Any mining since last inspection? I"Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? Yes , ❑ No If no, explain- 14. Is the mine in compliance with the Reclamation Conditions of the Permit? Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes No If yes, desm-be the type and severity of the damage: 16. Corrective immasures needed and/or t vtr' a ° r ri7 17. Other recommeadattons and comments:. [Ca J • ra; :. cr v t 't F 4 301 i a 4c , I, ��r i, « tLL 44 V A- CJ�� c " - ilA W k 1 c / AIVA ov) c�"' t _s �r' "z r ..� �wY t raYf. c 18. Is the jAmmual Reel lion Report +1 es WNo ') ❑ Not Reviewed or 19. Follow up inspection needed? Zyes ❑ No Proposed data ! '/ ,'6/' 20. No. of additional pages of Inspection Report L. 21. Copy of Report scat to operator / / S I 03 (date) U INSPECTED BY: G CA V DATE / I Telephone No: --a 21- White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 RECEIVED ""' QUALI'ry UlAtIlVG"POOG�,4, A, 1:� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, P.G., P.E. Land Quality Section Michael F. Easley, Governor Director and State Geologist January 3, 2005 William G. Ross Jr., Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Stuart Dudley Dudley Landscaping and Tree Service, Inc. 7002 3150 0003 7053 871L 320 Haven Street Washington, North Carolina 27889 RE: Permit No. 07-46 Dudley Landscaping Mine Beaufort County Tar River Basin Dear Mr. Dudley: We have received the $17,300.00 Irrevocable Standby Letter of Credit No. issued by Wachovia Bank for the referenced mining operation. As this new irrevocable standby letter of credit sufficiently covers the mining operation, the enclosed Surety Bond No. for $17,300.00 issued by The Cincinnati Insurance Companies is hereby released by the Department of Environment and Natural Resources for your disposal. Thank you for your cooperation and prompt attention to this matter. If you should have any questions on the above, please contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574. 4Since y, Floy R. Williams, PG, CPG, CPESC State Mining Specialist Land Quality Section FRWIjw Enclosure: Surety Bond No. B80-310592 cc; Mr. Pat McClain, PE Mr. Chip Cutter — The Cincinnati Insurance Companies, PO Box 145496, Cincinnati, OH 45250-5496 Ms. Marjorie Downey - AGO Ms. Stormie Forte, Esq. - AGO 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post consumer Paper ■ Complete items i, 2, and 3. Aiso complete Item 4 If Restricted Delivery is desired. ■ Print your nameand address on the reverse so that we can return the carol to you. • Attach this card to the back of the mailpieee, or on the front If space permits. I. Article Addressed to: MR STUART DUDLEY DUDLEY LANDSCAPING & TREE SERVICE 320 HAVEN STREET WASHINGTON NC 27889 2. Article Number (lmnsierfromlmvfce.aq e 4 PS Form 3811, August 2041 7- 44P ReGelvBd by (Printed 0- le delhery address dft It YES, enter delivery type Gertffled Mali © Expt Mall Registered Retum Rwelpt for Merchandise © Insured Mail C.O.D: 4. Restricted Delivery? (Extra Fee) 0 'AM Dartaft %wm pwoW s az•ri► rasa 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: 2 C0'1_ �"q�o _`_r3_ 72 To: ' Of. From: RE: Date: 1 *IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE US IMMEDIATELY AT (919) 733-4574. 16-- a TRANSMISSION VERIFICATION REPORT TIME : 11/19/2004 14:22 NAME : NC DENR DLR FAX : 9197158801 TEL : 9197933633 SER.# : xxxxxxxxxxxx DATE.TIME 11/19 14:20 FAX NO./NAME 62529463773 DURATION 00:01:13 PAGES) 05 RESULT OK MODE STANDARD ECM ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired, ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits, 1. Article Addressed to: MR STUART DUDLEY DUDLEY LANDSCAPING & TREE 320 HAVEN STREET WASHINGTON NC 27889 A. S. Received by( Printed Name) I C, D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: © No �. rvice Type 5nCertified Mail {�` Express Mail ❑ Registered ?sy1Refurn Receipt for Merchandise © Insured Mail //p C.O.D. a. Restricted Delivery? (Ex(ra Fee) 2. Article Number Yes (Transfer from service label) PS Form 38.11 A u guat 2001 � � �w�,est{lc�Return /(Receipt +� r Nov 19 04 12:58p MORRI*SURRMCE 25294631D MORRIS INSURANCE AGENCY 321 N. Market Street P.O. Box 1388 Washington, NC 27889 FAX COVER SHEET If you have problems receiving this transmittal, please call: TELEPHONE (252) 946-6151 FAX PHONE (252) 946-3773 Number of pages including this cover sheet: DATE: v' P. 1 OT wo RECIPIENT: Fax #: SENDER:- l RE: MESSAGE: 252-946-6151 Your Independent .Insurance Agent 0 Nov 19 04 12 s 58p MORR T4fNSURRNCE 252946:W p , 2 i AMEAICAN CREDIT COMPANY REGISTERED DEBENTURE NOTE Amount. $20,000.00 Date: 7/30/2004 Maturity Date: 7/30/2007 FOR VALUE RECEIVED, the undersigned hereby promises to pay to the`order of Dudley Landscaping $ Tree Service, Inc. or the principal sum of $20,000 on 7/30/2007 with the interest thereon from date hereof until the date of maturity at the rate of 7% per annum. Interest on the principal amount shall be paid Quarterly. The indebtedness of this note and any extension or renewal, shall at all"times and in all respect be wholly subordinate and junior to any rediscount company or other financial Institution. Upon maturity, this note may be rewritten based on the current company policy regarding rate of interest and term. In case an Event of Default shall occur and be continuing, the principal amount of this note may be declared due and payable. The Company waves presentment, protest, notice of protest and notice of dishonor and agrees to pay all cost, including a reasonable attorneys fee, whether suit be brought or not, if counsel shall after maturity of the note, be employed to collect this note_ This note shall incure to the benefit of and be binding upon heirs, assigns, agents or successors of and to the undersigned and the payee hereof. In Witness whereof, American Credit Company 3005-B South Memorial Drive Greenville, NC 27834 has caused its corporate name to a herewi sub t d. By: s� ,less . Baker President / CEO This debenture re0akces debenture dated 7/ 30/ Q1 For the amount 2Q , 000 @ $ % C"' WE D D . l_ 7 2` 4 State of North Carolina Department of Environment and Natural Resourc `- "�C 'C:r Washington Regional Office Michael F. Easley, Govemor William G. Ross, Jr„ Secretary DIVISION OF LAND RESOURCES LAND QUALITY SECTION December 15, 2004 Dudley Landscaping and Tree Service, Inc. ATTN: Mr. Stuart Dudley 320 Hven Street Washington, North Carolina 27889 RE: Dudley Landscaping Mine Permit No. 07-46 Beaufort County Drainage Basin: Tar -Pamlico Dear Mr. Dudley: Under the provisions of NCGS 74-56 of the Mining Act of 1971, an inspection of yourlyour firm's referenced mine site was recently performed. A copy of my report is attached. Carefully review the report and note any cited problems or deficiencies. Your cooperation in taking the specific corrective actions and/or recommendations is appreciated. (Note: It is your responsibility to understand and comply with the terms and conditions of your mining permit and the Act.) Please do not hesitate to contact this office if you have any questions concerning the report. Sincerely, Patrick H. McClain, PE Regional Engineer Enclosure: Mine Inspection Report cc: Mr. Floyd R. Williams, State Mining Specialist ^1-3 •e.,— L"11 4Rr.,..s,¢.,.,:_., hl_.11 romjFm= 97RA.Q Tpeohonc 252-946-BE81, FAX 2`s2-875-3716 North Carolina Department of Environment and N ural Resources, Division of Land Resources, Land Quality ectioppr. 17 2W (PERMITTED MINE) _ �!' `''` ` SF-"10, 1. MINE NAME 2, MINING PERMIT # d> 7 - '� � 3. OPERATOR 4, COUNTY 5. ADDRESS C �� 6. PERMIT EXPIRATION DATE /Zfi� _ 7. tVER BASIN 8. Person(s) contacted at site `7'%2 6e 7.iL 9. Was mine operating at time of inspection? ❑ Yes 2-No 10. Pictures? 11. Date last inspected: / d 12. Any mining since last inspection? 13. Is the mine in compliance with the Operatin Conditions of the Permit? )�r Yes If no, explain: � ❑ Yes ❑-No ®'"Yes Ef" No ❑ No, �� .� 14. Is the mine in com fiance with the Reclamation Conditions of the Permit? ❑Yes XNo If no, explain: F/'c+ 7 15. Did any of the above deficiencies result in offsite damage? ❑ Yes Z No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: 18. Is the Annual Reclamation Report 4-map accurate? ❑ Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes 9 No Proposed date 20. No. of additional pages of Inspection Report 21. Copy of Report sent to operator INSPECTED BY: c � DATE /14 I Ar Ia Telephone No: White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 • • 1� V_e State of North Carolina y._."C ,D DEC 17 2004 LAN D QUALiT Y SECTION Department of Environment and Natural Resources Washington Regional Office Mchael F. Easley, Govemor William G. Ross, Jr., Secretary DIVISION OF LAND RESOURCES LAND QUALITY SECTION December 15, 2004 Dudley Landscaping and Tree Service, Inc. ATTN: Mr. Stuart Dudley 320 Hven Street Washington, North Carolina 27889 RE: Dudley Landscaping Mine Permit No. 07-46 Beaufort County Drainage Basin: Tar -Pamlico Dear Mr. Dudley: Under the provisions of NCGS 74-56 of the Mining Act of 1971, an inspection of your/your firm's referenced mine site was recently performed. A copy of my report is attached. Carefully review the report and note any cited problems or deficiencies. Your cooperation in taking the specific corrective actions and/or recommendations is appreciated. (Note: It is your responsibility to understand and comply with the terms and conditions of your raining permit and the Act.) Please do not hesitate to contact this office if you have any questions concerning the report. . Sincerely, Patrick H. McClain, PE Regional Engineer Enclosure: Mine Inspection Report cc: Mr. Floyd R. Williams, State Mining Specialist n Al ..-.., 11.,11 kl. to r.%M1Fnm 77pAg Teiezhnne 252--04E-6=•81. FAX =-975-3716 0 • r" North Carolina Dartment of Environment and N tuxTResnurces, Division of Land Resources, Land Quality Sec ;04 MINE INSPECTION Ik (PERMITTED MINE) I LAND QA11TY SECTICJN 1. MINE NAME 2. MINING PERMIT # -' }r ry �.. _,� r 4. COUNTY �r- 3, OPERATOR,, � :, F � ,,� . 5. ADDRESS 6, PERMIT EXPIRATION DATE. 7. IiVER BASIN 8. Person(s) contacted at site 9. Was mine operating at time of inspection? ❑ Yes ElNo 10. Pictures? ❑ Yes E3--No 11. Date last inspected:. e ' // j, /-. 12. Any mining since last inspection? Yes E] No 13. Is the mine in compliance with the Operat. Conditions of the Permit? Yes ❑ No If no, explain: i" 3 ,a 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes . a No If no, explain:° 15. Did any of the above deficiencies result in offsite damage? ❑ Yes Z No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: r" 18. Is the Annual Reclamation Report 4—map accurate? ❑. Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection .needed? ❑ Yes No Proposed date 20. No. of additional pages of inspection Report . 21. Copy of Report sent to operator / 1 (date) 1NSPECTED BY: - _ DATE ./Z IIS Telephone No: fi S 2- ,) White copy to f Ie Yellow copy to operator Pink copy to Mining Specialist 10197 I F4 12/16/2004 02:41 FAXMR . STATE QF ,NORTH CAROLINA DEPARTMENT OF ENVIRONMENT `� AND NATURAL. RESOURCES 1 'T NCDENR wm, r mr of WASHINGTON REGIONAL OFFICE 943 WA�HINGTON SQUARE MALL WASHINGTON NC 21889 PHONE (252) 946-6481 FAX (252) 975-3716 TO: FAX: NUMBER; LSr� FROM:C DATE:— L5 NO. PAGES (including cover Page) ._ _ -- COMMENTS: 12/16/2004 02:41 FAX 0 • N l®rl State of North Carolina Department of Environment and Natural Resources Washington Regional Office Michael F. Easley, Governor DIVISION OF LAND RESOURCES LAND QUALITY SECTION December 15, 2004 Dudley Landscaping and Tree Service, Inc. ATTN: Mr. Stuart Dudley 320 Hven Street Washington, North Carolina 27889 RE: Dudley Landscaping Mine Permit No. 07-46 Beaufort County Drainage Basin: Tar -Pamlico Dear Mr. Dudley: Wiiiam C- Ross, Jr„ secretary Under the provisions of NCGS 74-56-of the Mining Act of 1971, an inspection of your/your firm's referenced mine site was recently performed. A copy of my report is attached - Carefully review the report and note any cited problems or deficiencies. Your cooperation in taking the specific corrective actions and/or recommendations is appreciated. (Note: It is your responsibility to understand and comply with the terms and conditions of your mining permit and the Act.) Please do not hesitate to contact this office if you have any questions concerning the report. Sincerely, gz; Patrick H. McClain, PE Regional Engineer Ehclosure� Mine Inspection Report cc: Mr. Floyd R. Williams, State Mining Specialist 9.4_ W3sh;ngton Square Mail, %Nsshinptan, i, itti Carolina 27W T cicahonv FAX 254-=-5-371S An —Pnr,at "1nnnrnm7ty �°s ios:—'+ftsLrlr�-wW i 12/16/2004 02:41 FAX _ Q03 North Carolina Depat•tment of Environment and Natural Resources, Division of Land Resources, Land Quality Section (PERMITTED MINE) 1. MINE NAME • � > < ' .i'r�. � 2. MINING PERMIT 3. OPERATOR �'' <. = xi•..,,�; -I• COUNTY :�« e 5. ADDRESS 6- PERMIT EXPIRATION DATE /2 7, V E R BASIN 7 - •�f !,�' 8. Person(s) contacted at site 9. Was mine operating at tune or insPccllorl? ❑ Yes D-No 10. Pictures? i:es allo 1 I _ Date last inspected' r / �'" L 12. Any nuning since last inspection? 'Yes El- No 13. Is the mine in compliance with the Operatin r Conditions of the PcrntiT? ,Z Yes ❑ No. If no, explain, � _ ,r-'�F��a�<� �a �-- „s:� err' .1� ��- 1 • '�,/� �-� .�....�..- 14- Is the; mine it) coni1711ancc with IhC. Reclamation Conditions of the Permit? If no, explain: ".;,,.� 1•-��/ � /tea...• - -.x� ter"`-rI•_.•_,• JC= -c � fr.�s:-:2�����.".�_+-��,�'�a--�•�'� fG�"" �L�1-�tr t,j-v`:_ � !�-J -C .�� ��fri�•_•�ii.Tr� r. T ❑ 'Yes 'VNo 15. Did any of the a17ovo deficiencies result in offsite damage'' ❑ Yes Z No 1f yes, describe the t}►pC and 5evenly of ihl; dat]leKe: 16. Corrective measures n4cdcd and/or taken: 17. Other recornniendutions and coninienls: 18. Is the Annual Reclanlaiion Rcpart 4 -map accurate? ❑ Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow --up inspection needed? ❑ Yzs A No Proposed date _! l 20. No. of additional pai;cs of hiRpection Report 21. Copy of Report sent to operator (date) INSPECTED BY: n.•4TE %z I /3 /n Telephone No: -'' White copy t0fl1c K"How Copy ro operalot, Pink cof/ i, to Mining _1pprialisr 10197 0 North James D: Simons, P.G., P.E. Director and State Geologist r NCDENR Carolina Department of Environment and Natural .Resources Division of Land Resources Land Quality Section Michael F. Easley, Governor William G. Ross Jr., Secretary December 14, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED BOND CANCELLATION & FORFEITURE NOTICE ?002 31EO 0003 7053 7788 _ 7003 3150 0003 7053 7771 Mr. Stuart Dudley Dudley Landscaping and Tree Service, Inc. 320 Haven Street Washington, North Carolina 27889 RE: Dudley Landscaping Mine Permit No. 07-46 Beaufort County, Tar River Basin Dear. Mr. Dudley and Mr. Cutter: Mr. Chip Cutter The Cincinnati Insurance Companies PO Box 145496 Cincinnati, Ohio 45250-5496 . This office has received notification of The Cincinnati Insurance Companies' intent to cancel Dudle Landscaping and Tree Service, Inc.'s $17,300 00 mine reclamation bond (Bond No. ). The effective date for cancellation of this bond is February 11, 2005. Please note that if the bond is not reinstated or replaced by January 12. 2005, the mining permit will be automatically revolted (G.S. 74-50(c)). Thus, all mining activities must cease and the entire mine site must be completely reclaimed. Should any further mining activities occur at the site after this date, such activities will be considered mining without a permit and subject to further enforcement action, such as civil penalties and injunctive relief. As a surety is required to maintain the validity of the mining permit, please arrange to substitute this bond. I am enclosing another surety form, an assignment of savings account form and an irrevocable standby letter of credit form, any of which may be used to replace the existing surety. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled) 10 o Post Consumer Paper CERTIFIED MAIL 0 • Mr. Dudley and Mr. Cutter Page 2 Please be advised that this reclamation bond must remain in full force and effect until it is reinstated or replaced, or. the site is completely reclaimed and deemed releasable by the Department. A review of our records indicates that the mining permit for the above referenced mine site is still active and, therefore, a valid mine reclamation bond is still required until all outstanding reclamation obligations have been met at the site. If a substitute reclamation bond is not received by this office within this deadline, or if reclamation of the site has not commenced and is proceeding in a timely manner by this deadline, this matter will be referred to the Attorney General's Office for initiation of bond forfeiture proceedings under G.S. 74-56(d) to ensure proper reclamation of the mine site(s). In addition, failure to address the terms of this Notice may result in the assessment of civil penalties and/or injunctive relief against the permittee. Please contact Ms. Judy Wehner, Assistant State Mining Specialist, or me at (919) 733- 4574 as soon as possible to convey your intentions in this matter. Your cooperation will be greatly appreciated. Sincerely, ARoyd Williams, PG, CPG, CPESC State Mining Specialist Land Quality Section FRW/jw Enclosures cc: Mr. Pat McClain, PE IIA� CZ}nrmia Forte, Esq., Attorr,— Cerera!'r Dffire Ms. Marjorie Downey, Attorney General's Office 0 TRANSMISSION VERIFICATION REPORT TIME : 12/13/2004 15:46 NAME NC DENR DLR FAX 9197158801 TEL 9197333833 SER.# xxxxxxxxxxxx DATEJIME , 12/13 15:46 FAX NO./NAME 912529753716 DURATION 00:00:42 PAGE(S) 02 RESULT OK MODE STANDARD Dudley Landscaping Mine Bond Cancelation • Subject: Dudley Landscaping Mine Bond Cancelation From: Pat McClain <Pat.McClain@ncmail.net> Date: Tue, 14 Dec 2004 11:00:56 -0500 To: Judy Wehner <Judy.Wehner@ncmail.net> Judy: Quit allowing insurance bonds! The site was inspected on 12/13/04. It is not releasable! There an approx. .5 ac. excavation and maybe 10 truck loads of material stockpiled. The slopes of the excavation need to be resloped to the appropriate angle. I know, you want the inspection report. I'll get it Pat 1 of 1 12/14/2004 11:07 AM • '�:,t ,,.. J �' 3 ' .. t ..it:'� ,s .� a Hsu•'i,TWH-. c:.'w-,w:.0 c P H awn 0 S 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: z-q9 %5 To: PA -f `vow Of: From: Date: 1Oq *IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE US IMMEDIATELY AT (919) 733-4574. r THE CINCINNATI INSURANCE COMPANIES THE CINCINNATI INSURANCE COMPANY THE CINCINNATI INDEMNITY COMPANY THE CINCINNATI CASUALTY COMPANY THE CINCINNATI LIFE INSURANCE COMPANY Mailing Address: F.O. BOX 145496 CINCINNATI, OHIO 45250-5496 (513) 870-2000 December 7, 2004 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES 1612 MAIL SERVICE CENTER RALEIGH NC 27699-1612 (CERTIFIED) MAIL —RETURN RECEIPT REQUESTED Re: Bond No. B80-310592 Effective Date 11 /27/01 Principal DUDLEY LANDSCAPING & TREE SERVICE, INC. Obligee STATE OF NORTH CAROLINA Description LAND QUALITY SECTION BOND Amount $17,300.00 We are surety on the captioned bond. The terms and conditions of the bond state that, upon receipt of notice by - CERTIFIED - mail, we, as surety, shall be discharged from any liability for any default of the principal after the expiration of 60 (SIXTY) days. This is our notice of cancellation. Please acknowledge receipt by completing the acknowledgment and returning it in the enclosed envelope. Very truly yours, THE CINCINNATI INSURANCE COMPANY CHIP CUTTER— ILZ cc: DUDLEY LANDSCAPING & TREE SERVICE 320 HARVEST ST WASHINGTON NC 27889 MORRIS INSURANCE AGENCY WASHINGTON NC 32-058 Cancellation Acknowledgment Department By Title Date BN-1426 (3/97) 1 U� �1 6200 S. Gilmore Road, Fairfield, Ohio 45014-5141 THE THE CINCINNATI CINCINNATI INSURANCE COMPANIES INSURANCE COMPANIES THE CINCINNATI INSURANCE COMPANY THE CINCINNATI INDEMNITY COMPANY THE CINCINNATI CASUALTY COMPANY THE CINCINNATI LIFE INSURANCE COMPANY 4._ __ Mailing Address: P.O. BOX 145496 CINCINNATI, OHIO 45250-5496 ® (513) 870-2000 December 7, 2004 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES 1612 MAIL SERVICE CENTER RALEIGH NC 27699-1612 (CERTIFIED) MAIL —RETURN RECEIPT REQUESTED Re: Bond No. B80-310592 Effective Date 11/27/01 Amount $17,300.00 Principal DUDLEY LANDSCAPING & TREE SERVICE, INC. Obligee STATE OF NORTH CAROLINA Description LAND QUALITY SECTION BOND We are surety on the captioned bond. The terms and conditions of the bond state that, upon receipt of notice by CERTIFIED mail, we, as surety, shall be discharged from any liability for any default of the principal after the expiration of 60 (SIXTY) days. This is our notice of cancellation. Please acknowledge receipt by completing the acknowledgment and returning it in the enclosed envelope. Very truly yours, THE CINCINNATI INSURANCE COMPANY Der CHIP CUTTER /LZ By Titl( cc: DUDLEY LANDSCAPING & TREE SERVICE 320 HARVEST ST WASHINGTON NC 27889 MORRIS INSURANCE AGENCY WASHINGTON NC 32-058 Cancellation Acknowledgment BN-1426 (3/97) 6200 S. Gilmore Road, Fairfield, Ohio 45014-5141 R.ECEMD DEC 13 2004 LAND QUALITY SECTION CJ PL .1�Xf NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Charles H. Gardner, P.G., A.E. Director and State Geologist December 7, 2001 Mr. Stuart Dudley Dudley Landscaping & Tree Service, 16c. 320 Haven Street Washington, North Carolina 27889 RE: Dudley Landscaping Mine Beaufort County Tar River Basin Dear Mr. Dudley: Michael F. Easley, Govemor William G. Ross Jr., Secretary 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. 0746 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 December 7, 2011. 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 and affected acreage for this site are both 26.22 acres, as indicated in the application and on the mine map dated October 12, 2001, Please review the permit and notify this office at (919) 733-4574 of any objection or questions concerning the terms of the permit. Sin ely, racy E. avis, P.E., C.P.M. State Mining Specialist Land Quality Section TED/jw Enclosures cc: Mr. Floyd Williams, P.G. Ms. Monika Sharma-WRC, w/enclosures Mr. Bradley Bennett-DWQ, wlenclosures Mr. William Gerringer-DOL, Mine. and Quarry Bureau, w/o enclosures ,L f 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •. 919-7334574 / FAX: 919-733-2876 L/ 512 North Salisbury Street, Raleigh, North Carolina, 27604 An EQual Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper DEPARTMENT OF ENVIRONMENT. AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations _ Permission is hereby granted to: Dudley Landscaping & Tree Service, Inc. Dudley Landscaping Mine Beaufort County - Permit No. 07-46 for the operation of a Sand Mine 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. 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 watiBe Effected by the permltted`rimiriing 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-Actwith reference -'to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land' and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its -intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. This permit shall be effective from the date of its issuance until December 7, 2011. 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: QPERATING CONDITIONS: 1. A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Section, Division of Water Quality, to secure any necessary stormwater permits or other approval documents. Page 3 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 (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion -of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated: -and enforced by the N. C. Environmental Management Commission. - 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, silt check dams, silt 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. All drainage.frorn the affected area around the mine excavation shall be diverted. internal to said excavation. C. Mining activities shall be conducted as indicated on the mine map dated October 12, 2001 with the stipulation that 3 horizontal to 1 vertical side slopes ,are maintained at all times along perimeter side slopes. D. No mine dewatering activities shall occur at this site. 5. A. All mining permit boundaries (26.22 acres) shall be permanently marked at the site on 100 foot intervals unless the line of sight allows for larger spacing intervals. B All riparian buffers shall be 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. 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 of 25 foot unexcavated) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. - Page 4 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of - - - Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage- containers or any other material that may be considered hazardous shall be disposed of within the permitted area. _ C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1) on -site generated land clearing debris 2) conveyor belts 3) wire cables 4) v-belts 5) steel reinforced air hoses fi) drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior -to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification -that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established. 11. 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. 12. 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 or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on - site implementation of the revisions. 13. The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $17,300.00 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. Page 5 14. 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 The Mining Permit incorporates -this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit: Additionally, the Reclamation Plan is a separable obligation of the 'permittee; which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the _.future use.of.,the_I .and. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent Use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted -according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or..termination of mining on -any segment of the permit area and shall be completed within two -years after completion or termination of mining. RFQLAMATIQN CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. - B. The side slopes to the lake excavation. shall be graded to a 3 horizontal to 1 vertical or flatter. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. r: • Page 7 D. No contaminants shall . be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10.A. through D. �- E.- The affected land shall be -graded to prevent the collection of noxious or foul water. 3. Bevegetation Plan: 4 After site,preparation, all disturbed land areas shall be revegetated as per the following: - February 15- April 1 April 1- July 31 August 1- October 25 October 25- February 15 SiQec, l:espedeza Bahiagrass Redtop Winter rye (grain) Common Bermuda Lespedeza (unscarified) German millet Rye (grain- temporary) Raja, Lbs/Acre 10 50 1 15 50 30 40 120 Lime- 2000 Ibs/acre 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. 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. Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible.after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit issued this th day of December, 2001. By: Charles H. Gardner, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources 4 oatQa�,�ODJ MEMORANDUM TO: File FROM: Susan Edward s SUBJECT: Notice of Issuance of Mining Permit A copy of e t a a �e o s uance o inin ermi was -sent 0 %7 all people lisped in the Affidavit of Notificatio and any addi ional people who sent in letters. If a public hearing was held, a copy of the "Notice of Issuance of Mining Permit" was sent to all people who signed the sign in sheet at the public hearing. My initials, written in red, will be beside the names of. the people in the file who were sent this "Notice". cc: Regional Engineer You have previously expressed an interest and/or are listed as an adjoining land owner in the application for a mining permit filed by Dudley Landscaping & Tree Service, Inc. to conduct mining activities off SR 1326 in Beaufort County. The mining permit (no. 07-46) was issued on December 7, 2001. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by fling a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 15OB-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA, a petition for a contested case must be filed in the Office of Administrative Hearings within sixty (60,) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 150E-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N. C. 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, N. C. 27699-1601. Charles Gardner Director Division of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on Susan Edwards Mining Program Secretary l NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Charles H. Gardner, P.G., P.E. Michael F. Easley, Govemor Director and State Geologist October 19, 2001 �R % � illiam G. Ross Jr., Secretary DEC ° 71Q0� MEMORANDUM �3Y: TO: Mr. William Wescott Habitat Conservation Program Coordinator y Wildlife Resources Commission FROM: Susan B. Edwards - Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application Request for Dudley Landscaping Dudley Landscaping Mine Beaufort 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 November 9, 2001 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 type requests is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /SBE Attachments cc: Mr. Floyd Williams Geological Survey - Land Quality - Geodetic Survey - Center for Geographic Information & Analysis Division of Land Resources -1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 919-733-38331 FAX: 919-715-8801 1 Internet: www.dlr,enr. state, nc.usldlr.htm An Equal opportunity 1 Affirmative Action Employer -- 50% Recycled 110% Post Consumer Paper 1/ North Carolina Department of Cultural State Historic Preservation Office David L. S. Brook, Administrator Michael F. Easley, Governor Lisbeth C. Evans, Secretary December 3, 2001 MEMORANDUM DEC - 5 2001 Division of Archives and History Jeffrey J. Crow, Director TO: 'Tracey E. Davis Land Quality Section Division of Land Resources, DENR FROM: David Brooka4V�)�61WL SUBJECT: Application for Mining Permit, Dudley Landscaping Mine, Beaufort County, ER 02-7971 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 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. DB:kgc Administration Restoration Survey & Planning Location 507 N. Blount St, Raleigh, NC 515 N. Blount St, Raleigh, NC 515 N. Blount St, Raleigh, NC Mailing Address 4617 Mail Service Center, Raleigh 27699-4617 4613 Mail Service Center, Raleigh 27699-4613 4618 Mail Service Center, Raleigh 27699-4618 Telephone/Fox (919)733-4763 •733-8653 (90) 733-6547.715-4801 (919)733-4763 •715-4801 Dudley Landscaping Mine • Subject: Dudley Landscaping Mine Date: Fri, 30 Nov 2001 13:59:45 -0500 From: Tracy_Rice@fws.gov To: judy.wehner@ncma:d.net Judy - The FWS has received the biological survey of the Dudley Landscaping Mine site in Beaufort County, performed by William Wescott of the NC WRC. The survey did not find any Federally -protected species or suitable habitat for them. Therefore the Service no longer has any concerns regarding the issuance of a mining permit for the site. Thanks - Tracy -------------------- Tracy Monegan Rice Geologist U.S. Fish & Wildlife Service P.O. Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 ext. 12 (919) 856-4556 FAX Tracy_Ri.ce@fws.gov -------------------- 1 of 1 11/30/2001 3:57 PM _ - - ... -.. �.��-.�.ry,rr-^.v'n`s.,.T�'.a.-*�ca�t"al"�.+'*,.c'�y^+'+4fa"v'r�unr -... i,.a v-.. ,.... _ ... . .. . .........nrsvc•'+�.x�tiarYa'^•..,."0-wtin.,ny., .... �....e ..... ... �- .. ... ... •y 7 MINING CHECKLIST FOR ROUTING Applicant's Name: LProject Name: Q Applic./Permit No.: County: Date Received: r d Reviewer. River Basin Name: c� ,2.igew ❑ Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release .P-Aaditlomal Information ❑ Fee Needed: $ ❑ Fee Received: $ J.e oeerltc-antimannlication nackagle to: Ulf` �+UtLW - Regional Office (2 complete copier,; attach the "LQ5 Regional ` Office Mining Application Review Checklist" to one copy and attach katb the DWQ and DAQ "Mining Application Review Form" to the other copy; Send both copies to the Regional Engineer) Date: Routed 1&=5Qjx01 Rec'd ❑ Division of Water Resources Date. Routed Rec'd ❑ NC Wildlife Resources Commission Date: Routed Rec'd ❑ U5 Fish & Wildlife 5ervice Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Please Mute first 3 naQe5 oft applic ion and any loca ,ion mT to: ❑ Division of Parks & Recreation Date: Routed Rec'd _ ❑ NC Geological 5urvey Section Date: Routed Rec'd _ (Only new applications and modification requestr-that acid land to the permit) ❑ Division of Archives & History Date: Routed Rec'd _. (Only new applications) ❑ Other: Date: Routed Rec'd **5uopenoc Date for Comments: �o (no later than 25 days from receipt) 161*Fl ease note the following: • • JARVIS ASSOCIATES, P.A. CONSULTING ENGINEERS - PLANNERS - SURVEYORS 130 EAST SECOND STREET WASHINGTON, NC 27889 PHONE (252)974-7794 FACSM4ILE (252) 974-7795 F�CEU WF NO V 2 9 2001 BY: To: State of North Carolina Date: 11/28/01 Job No. 01285 Department of Environment Attention: Judith Wehner And Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center Ralei NC 27699 WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints x Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order x .Mining�Permit Application COPIES DATE No DESCRIPTION 1 11/27/01 Bond & Information 2 CERTIFIED MAIL Reci is THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted x For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US S:120011012851Trdm002.doc CERTIF MAIL RECEIPT KTIPIED MAIL RECEIPT 40171esti�c Mail Only: No Insurance Covel'age Pr ed) binestic Mail Provided)IED 01'11y, No Ir )lice Coverage O F F I C I A L U S 0 F F I C I A L U S� Postage $ gain sd Cc M1 Passage 3 s + ls8 Certified Foe . Certified Fee �r Return Rece]At Fes (Endorsement Required) Restricted De%mry Fee He O! " Z G Return Receipt Foe (Endorsement Required) Restricted Delivery Fee v ti r %� 4S P Ze 4 (Endorsement Required) $ `CI 1�0 \ �' n p (Endorsement Required) is y Total Postage & Fees : O Tout Postage A Foes Sent To p......-.� _ -..gym ! 10......... r-q Se To 0.1.1-- �h . &Meet, Apt. Na.; 7 or PODNo. � 1... ..►:_. u rr�!_ IQcwr� .. G Strsot Apt. Na.; or PO Box No. �`� a �.I a6L Cfry, stare, zfP+ a i,� n] A 7 8 C! stele, ZlP+ l I -_ U N 8! :rr;J,-kntWry 2001 Sau Reverse iovr rr 0 F F I C I A L USA Postage $ Y Certified Fee r -lea Return Racelpt Fee im (Endorsement Required) Restricted Dellvary Fee (Endorsement Required) I t _ � W Q Total Postage & Fees $ a SentTO! at -a ►�Jj Kuria 1 LI'I[,iltA or PO Box No. wg4 WFyewi4e o ,u A3L A 7 F F I C I A L U S A Postage $ 4 Cortlfled Fee 1L Return Receipt Fee Required) e, © t) U Postmark Q co (Endorsement Q Restricted Ilalivary ? (Endon, t Required) Tatel Postage & Fees $ or PO Box No. Clfy,•Stats, ZlP r U a r cc Lr ru i3 Return Receipt Fee (Endorsement RequfnxQ C7 RantAeted Delhrery Fee (Eadarsernant Required) p TOtal Postage & Fees Sent a Street Apt. Na., + or PO Box No. l� / d M1 Clty, Stet., Z1P+ 41_ r PS Form 3800 anril 1409; ° M a a S? c r n w 00 m Z - 365 071 -731 � P fib 288 883 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse r Sent to Dori Zwe - or{ Street & Number 13 1 VU Post office, State, b ZIP Code N -78 8 Postage $ Certified Fee 0 Special De0wery Foe Restricted Defivery Fee of Retum Receipt Shaming to Whom A Date Deli t p iiaedpt Op �O lL (L TOTAL a, uSQg US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mall See reverse tto at rti5 Street h Number Mug r t# Po 011198, State, & ZIF Coda Postage $ Certified Fee D Special Deilvery Fee Restricted Delivery Fee Return Receipt Showing to Whom h Data De Rftp Receipt rA TOTAL P 8 $ �o Postm e u54g M; Returned trail: Uamot send message wilhu> > days 0 0 Subiect: Fw: Returned mail: Uannot send message within 5 days Date: 'fue, I/ Nov 2UUi 08:23:Ub -USUU - Prom: "Jarvis Associates, PA" <rsjarvis@beaufortco.com> Reply -To: "Jarvis Associates, PA" <�beautbrtco.com> Tn; "ttjrly 1, phper" <judy. htlPr(vnMaI.npt> -----Original Message ----- From: Mail Delivery Subsystem <MAILER-DAEMONLdbnsl.beaul:ortco.com> To: rsjarvistabeaul:ortco.com <rsjarvisUbeautortco.com> Date: Monday, November 1'SI, 2UUI 8:54 AM Sub]ect: Returned mail: Cannot send message within b days >The oraganal message was received at Wed, 14 Nov 2UUI 11:b4:12 -USUU >from dialup-178.beaufortco.coin 1208.28.34.1781 > ----- The following addresses had permanent fatal errors ------ ><judy.wehner&ncmai1.com> > --- Transcript of session follows ----- >4.51 <judy.wehner&ncmasl.com>... ncmaal.com: Name server tameout >Message could not be delivered for 5 days >Message will be deleted from queue Reporting-MTA: dns; bnsl.beautortco.com Av.Llvdl-Ddlt; WCU, 14 Nuv 20U1 -U:lUU Final -Recipient: RFC822; judy.wehnerUncmail.com Action: tailed Status: 4.4."I Last—Httempr—uate: mon, ly NOV ZUU1 —VOUV Subject: Dudley's Landscape Mining Permit Date: Wed, 14 Nov 2001 11:28:05 -0800 From: "Jarvis Associates, PA" <rsjarvis@beautbrtco.com> Reply -To: "Jarvis Associates, PA" <@beaufortco.com> To: "Judy Wehner" <judy.wehner@ncmail.com> CC: "Pat McLain" <Pat.mclain@ncmaii.net> Dear Judy, I wanted to let you know that the address for Dudley's Landscaping Mining Perni t is illwlTCt ou the pel'Illit lbl7n. We took the address from an old phone bouk and they have moved. The new address is 320 Haven Street Waslungtun, NC 27889 ll'you have any uthLr questions please let me know, my number is 252-974-7794. Thanks 101,2 11/30/2001 10:11 AM n LJ State of 'North Carolina Department of Environment and Natural Resources Division of Marine Fisheries Michael F. Easley, Governor William G. Ross, Jr., Secretary Preston P. Pate, Jr., Director MEMORANDUM TO: Tracey E. Davis State Mining Specialist Land Resources 1 P9d Quality FROM: Mike Stree DATE: November 13, 2001 SUBJECT: Dudley Landscaping 1 Beaufort County A NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES NOV vl-14 �2D1�~� Attached is the Divisions' reply for the above referenced project. If you have any questions, please do not hesitate to contact me. M Slsw P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Marine Fisheries Michael F. Easley, Governor William G. Ross Jr., Secretary Preston P. Pate Jr., Director rw NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANo NATURAL RESOURCES October 24, 2001kDMF-HAB/TAT fl �% MEMORANDUM OV P..�3 200I TO: Sean Mckenna Biologist /DMF FROM: Mike Street Habitat Protection Section Division of Marine Fisheries SUBJECT: Mining Permit Review Applicant: Dudley Landscaping Project Location: Dudley Landscaping Mine / Beaufort Proposed Project: Mine topsoil & sand Due Date: 11-09-01 Please indicate below your position or viewpoint on.the proposed project and return this form to Habitat Protection Section, Morehead City. If you have any questions regarding the proposed project, please contact Tracy E. Davis, State Mining Specialist, Division of Land Resources / Land Quality Section at (919) 733-4574. . REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See Attached. This agency objects to the project for reasons described in the attached comments. SIGNED: �274 DATE: 4 P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 252-726-7021 FAX 252-727-5127 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Charles H. Gardner, P.G., P.E. Michael F. Easley, Governor Director and State Geologist October 19, 2001 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Mike Street, Chief Habitat Protection Section Division of Marine Fisheries EL FROM: Susan B. Ede=.yards Mining Program Land Quality Section SUBJECT: Mining Permit Application Request for Dudley Landscaping Dudley Landscaping Mine Beaufort 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 marine fisheries (G.S. 74-51 (2)), Please respond by November 9, 2001 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 marine 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 type requests is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /SBE Attachments cc: Mr. Floyd Williams Geological Survey • Land Quality - Geodetic Survey - Center for Geographic Information & Analysis Division of Land Resources • 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 919-733-38331 FAX: 919-715-8801 I Internet: www.dlr.enr. state.nc.us/dIr.htm An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper North Carolina • Department of Environ rent and Natural Resources Division of Water Resources Michael F. Easier, Governor William G. Ross, Jr., Secretary John Morris, Director 11 / 13/01 MEMORANDUM TO: FROM SUBJECT: Ms. Susan B. Edwards Mining Program Secretary Land Quality Section Gabrielle Chianese ae Water Allocation Section Division of Water Resources ern NCDENR NOV 13 2001 DENR LAND QUALITY SECTION Comments on the Mining Permit Application Request for: Dudley Landscaping Dudley Landscaping Mine Craven County Please find attached a copy of the mining permit application request for the above referenced project. The Dudley Landscaping Mine located in Craven County should not havq 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 -pm or more of surface water or ground water in North Carolina is required to register the withdrawal with the Division of Water Resources. A Capacity Use Area #1 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, Hyde, Martin, Pamlico, Tyrrell, or Washington 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 27699-161 1. t 6 l I Mail Service Center, Raleigh, north Carolina, 27699-161 1 Phone: 9 t 9 - 7334064 1 FAY: 919 - 733-3»S 1 Internet: +vww.ncwater.or� AN EQUAL OPPORTUNITY'S AFFIPUMATIVE ACTION POPLOYER - 50ui'u RECYCLED / 10°O POST CO`SUMER PAPER r, • w • A NCDENR North Carolina Department of Environment and Natural Resources Division of land Resources Charles H. Gardner, P.G., P.E. Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary October 19, 2001 MEMORANDUM R%b TO: Mr. Nat Wilson OCT 19 2001 Hydrogeology Group DIVISION 4F Division of Water Resources WATER RESOURCES Mining FROM: Susan B. Edwards - Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application Request for Dudley Landscaping Dudley Landscaping Mine Beaufort County Please find attached for your review a copy of the mining permit application for the above referenced project. Please review this information and advise as to the probability of this operation having an unduly adverse effect on potable groundwater supplies (G.S. 74-51 (2)) or groundwater quality (G.S. 74-51(3)). Please respond by November 9, 2001 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehncr at (919) 733-4574 if you have any questions. /SBE Attachments cc: Mr. Floyd Williams Geological Survey • Land Quality • Geodetic Survey • Center for Geographic Information & Analysis Division of Land Resources - 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 919-733-38331 FAX: 919-715-8801 1 Internet: www.dlr.enr. state.nc.us/dlr.htm An Equal opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Q Postage S S Certified Fee 0 Return Receipt Receipt Fee Here � tfrtdorsement Required) Q Restrlcted Delivery fee a (Endorsement Required) C3 Total Postage d Fees NW (Please Pr nt C ft 1 lwny) fro oe completed by mallet { Srreet,Apt.No.;orPCBoxNa ••---------------------------- Q ........................... Clry, Srete, Z1P44 j I i- NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Charles H. Gardner, P.G., P.E. Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary November 13, 2001 Certified Mail Retum Receipt Requested Mr. Stuart' Dudley Dudley Landscaping P. P. Box 203 Washington, North Carolina 27889 RE: Dudley Landscaping Mine Beaufort County Tar River Basin Dear Mr. Dudley; 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. Please find enclosed comments from the US Fish and Wildlife Service regarding the possibility of the existence of the red -cockaded woodpecker and bald eagle at your site. Please survey the site to determine if these species exist at your site. 2. Proof, such as the signed return receipts from certified mail, must be submitted that - the adjoining landowners and the county/city manager have been notified of your company's intention to mine this site. The reclamation bond calculation worksheet submitted with the application has been verified. The reclamation -bond for this site would be $17,300.00.. 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 4permit, i.e., Dudley Landscaping.- In addition to one of these altematives, 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. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-73345741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Certified Mail Mr. Dudley Page 2 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, N. C. 27699-1612 As required by 15A NCAC 5B.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the-_ 180 day period. . Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, J dith A. Wehner Assistant State Mining_ Specialist Land Quality Section cc: Mr. Floyd Williams, P.G. • • Name of project: Log In #: � 03 DPRIRRS Mining Permit Application Review RRS Contact: M a ` f'r L County: i,L.V�4- _ Proposed activity is is not within 5 miles of a public park or recreation area. If yes, identify the park: Manager/agency name: (contact name): (phone; fax ): (email): ' Review conducted by: Date: PLEASE RETURN APPLICATION MATERIALS WITH YOUR REVIEW/COMMENTS. YOU CAN ALSO EMAIL YOUR COMMENTS TO: Susan.Edwards@ncmail.net and Nancy.Adams(i�ncmail.net THANKS! Return form and materials to: Nancy Adams DENRJDivision of Parks & Recreation 1615 MSC Raleigh, NC 27699-1615 (Please Print on Yellow Paper) =VqZJ DENR LAND QUALITY SECTION N NCDENR North Carolina Department of Environment and Division of Land Resources Charles H. Gardner, P.G., P.E. Director and State Geologist October 19, 2001 MEMORANDUM TO: Mr. Phillip McKnelly, Director Division of Parks and Recreation FROM: Susan B. Edwards; Mining Program Secretary Land Quality Section Natural Resources SUBJECT: Mining Permit Application Request for Dudley Landscaping Dudley Landscaping Mine Beaufort County Michael F. Easley, Governor William G. Ross Jr., Secretary Please find attached for your review a copy of the first three pages of the mining permit application and a location map for the above referenced project. Please review this information and advise as to the probability of this operation having a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area (G.S. 74-51 (5)). Please respond by November 9, 2001 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 in the review of these type requests is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /5BE Attachments cc: Mr. Floyd Williams Geological Survey - Land Quality - Geodetic Survey - Center for Geographic Information & Analysis Division of Land Resources - 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 919-733-38331 FAX: 919-715-8801 1 Internet: www.dlr.enr. state.nc.us/dlr.htm An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled l 10% Post Consumer Paper C� • United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 In Reply Refer To: FWS/R4/AES/RANC November 5, 2001 Charles Gardner, Director Division of Land Resources 1612 Mail Services Center Raleigh, North Carolina 27699- I 612 Attention: Judy Wehner Dear Mr. Gardner: Nov 0 7 r001 The U.S. Fish and Wildlife Service (Service) has reviewed the mining permit application for Dudley Landscaping, Dudley Landscaping Mine. The proposed mine is located near Broad Greek in the Tar -Pamlico River basin in Beaufort County. The proposed topsoil and sand mine would cover 26.22 acres. This is the report of the Service submitted pursuant to, and in accordance with, provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.). The proposed mine site is listed as a tree farm and field. The Fcderally endangered red -cockaded woodpecker (Picoides borealis) may be present in any forested areas proposed for additional clearing prior to mining. (A complete list of Federally -listed species known to occur in North Carolina can be found on our web page at http://nc-es.fws.gov.) If the proposed project will be removing pines greater than or equal to 10" dbh (diameter at breast height) or 30 years of age in pine or pine/hardwood habitat, surveys should be conducted for active red -cockaded woodpecker cavity trees in appropriate habitat within a'/z mile radius of project boundaries. If red -cockaded woodpeckers are observed within the project area or active cavity trees found, the project has the potential to affect the red -cockaded woodpecker, and you should contact this office for further information. The reclamation plan to leave the excavation areas as a lake may be inappropriate if the existing vegetation supports red -cockaded woodpeckers. In addition, based on recent findings of the Federally -threatened bald eagle (Haliaeetus leucocephalus) in the vicinity of the proposed project, the Service strongly recommends performing field surveys within a one mile radius of the project site. If the bald eagle or its nest is observed within the project area, the project has the potential to adversely affect this species. • Based on recent findings of the State endangered and Federally threatened Sensitive jointvetch (Aeschynomene virginica) and the Federal Species of Concern Carolina gopher frog (Rana capito capita) in the vicinity of the proposed project, the Service strongly recommends performing field surveys for these species. Survey areas should cover the mine site, all areas expected to be disturbed, and at least a 100 foot buffer surrounding the site. If any of these protected species are observed within the project area, the project has the potential to adversely affect this species. Please contact this office for the appropriate seasonal timing of surveys. This office should be notified with the results of any surveys, survey methodologies, and an analysis of the effects of the action on any listed species, including consideration of direct, indirect, and cumulative effects. The Service cannot support the issuance of a permit for the proposed mine until surveys for Federally -protected species have been conducted and assessed. In addition, we suggest that proactive protective measures such as native grasses be included in the permit to reduce the likelihood of unanticipated adverse impacts to fish and wildlife resources. The disturbed areas and mine banks should be graded to the gentlest slope practicable and vegetated with native, warm season grasses such as switch grass, Indian grass, little bluestem, big bluestem and gama grass rather than the proposed Bermuda grass (which has been identified as an exotic species by the North Carolina Botanical Garden), Wildflowers would add ecological value to the disturbed areas, and tree stumps or logs added to the basin would provide organic matter and lacustrine habitat. The Service appreciates the opportunity to comment on the proposed permit. Please call me at (919) 856-4520, extension 12, with any questions or comments. Sincerely, (iw'4� .�_PM�J Tracy M. Rice Geologist CC'. William Wescott, NC WRC (Washington) Stuart Dudley, Dudley Landscaping (Washington) FWS:R4:TMRice:TMR:11/05/2001:919/856-4520 extension 12102-PO13.wpd 2 AT,:x IA NCDENR North Carolina Department of Environment and Division of Land Resources Charles H. Gardner, P.G., P.E. Director and State Geologist MEMORANDUM October 19, 2001 TO: Ms. Tracy Rice Application Review Coordinator U.S. Fish and Wildlife Service Natural Resources FROM: Susan B. Edwards Mining Program Secretary - Land Quality Section SUBJECT: Mining Permit Application Request for Dudley Landscaping Dudley Landscaping Mine Beaufort County Michael F. Easley, Governor William G. Ross Jr., Secretary 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 November 9, 2001 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation in the review of these type requests is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions /SBE Attachments OCT 2 3 2001 cc: M . F,lo Witlia s Geoiogica� urvey -rand Quality - Geodetic Survey - Center for Geographic Information & Analysis Division of Land Resources • 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 919-733-3833 L FAX: 919-715-8801 1 Internet: www.dlr.enr. state.nc.usldlr.htm An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper DIVISION OF LAND RES04IRCES LAND UALITY SECTION' � �, U MEMORANDUM TO: Roger Thorpe Water Quality Supervisor Division of Water Quality Washington Regional Office THROUGH Floyd Williams Regional Engineer Land Quality Section Washington Regional Office Pat McClain Assistant Regional Engineer Engineering Technician RE: • NOV - 6 20Oi LAND DENR LQUAUTY SECTION+! Please circulate the attached copy of the referenced mining permit request for review and comment. In order to complete our review within the statutory time limits, please complete the attached Mine Site Review form and return to Floyd Williams by // Z / s-fa'l We appreciate your prompt attention to this request. Attachments cc: Tracy Davis, State Mining Specialist • JARVIS ASSOCIATES, P.A. CONSULTING ENGINEERS - PLANNERS - SURVEYORS 130 EAST SECOND STREET - WASHINGTON, NORTH CAROLINA 27889 TELEPHONE (252) 974-7794 / FAX (252) 974-7795 rtarvisAbeaufortco.com October 24, 2001 Pat McClain NCDENR 943 Washington Square Mall Washington, North Carolina 27889 Re: Stuart Dudley Mine Dear Pat: After reviewing the mine permit application, we discovered that item No 1 a P 2 was stated incorrectly. The area to be mined is 26.22 acres. Also we discovered that the list of people notified had their names listed incorrectly. They are: Betty Leggett Liffey — should be Betty Woolard Leggett and Barbara King Liffey — should be Barbara Woolard Lilley. We hope this will clear up any confusion. If you have any other questions please cal me. r Respectfully, Marie U. Peedin, PE Jarvis Associates, PA S•12001\0l28511.et001 Am I 'If. 'I t I , . . 4: 1 " -:tit 19"1 I!. !I,( tj 1 ca Z�zl jor rye � r•.. NCGS Mine Permit Application Review Checksheet Application ID 0746 I LOS Complete This Section Attach Pages 1-3 of Mine Permit Application,, Dudley Landscaping Mine.Name Dudley Landscaping Mine Company Name' ,r Date Due LQS 111912! I - Permit Type: iV@W _ _ _ � New Renewal Modification Transfer ���,�'4"�,� NCGS Complete This Section Commodity Isand Geochemistry no comment Hazardous County Beaufort Minerals 7.5' Quad I Subsidence no comment BUNYAN Lat (DecDeg) 35.523 +E„,, AAr r'i Long (DecDeg) -7.67.9 � Slope Stability no comment 1985 Geologic Tpy - Yorktown fmn. Map Unit Seismic Hazard no comment c ti H ydrogeology Carolina Bays 1 . 1 : idQ Other not available 5 Geologic Map Unit Mineral no comment ' sou ces DS�� SS TLC3� •" Lithology: unknown m P WZ� _ , , .r t i'.•'k, Flood Plain no comment Deposits Comments 11. Relict Carolina Bays visible in aerial photograph, near surface groundwater I Comments (Cont'd) Note: Seismic hazard value is the peak horizontal acceleration with a 10% chance of exceedence in 50ryeais.' Reference value is firm bedrock, actual site conditions may vary. Source - National Seismic -Hazard Maps Documentation, June 1996, U. S. Geological Survey Open -File Report 96-532(http:l/61dmaps:0l.cr.usgsrgovl6eishazlp68"10:html): '' r Record No 96 Reviewerl RMW j. Comoibatel '': 11/2/2001 I{ , Reviewerl IJCR ComplDate2 1 11/2/2001 NCGS Mine Review Checksheet-Database Rev. 2 11128I00 w 0 0 Image courtesy of the US Geological Survey. Dudley Landscaping Mine - Beaufort Co 0. 0 Subject: Dudley Landscaping Mine - Beaufort Co Date: Mon, 29 Oct 2001 13:37:47 -0500 From: Pat McClain <Pat.McClain@ncmail.net> Organization: NCDENR To: Judy Wehner <Tudy.Wehner@ncmail.net> CC: "Williams, Floyd" <Floyd. Williams@ncmail. net> Judy: The only comments on the application itself are: the permitted acreage is supposed to be 26.22 Ac. instead of the .62 ac. indicated in A.l(a) and the names indicated on the mine map - Barbara King Lilley and Betty Woolard. Leggett are correct. The names on the notification sheet are listed as Betty Leggett Lilley and Barbara King Lilley. I have received a written correction from the engineer. I inspected the site on Oct. 24. There are no dwellings within 300 feet except as shown on the drawing. The shoreline along "Broad Creek Drainage Canal" has been cleared for a long time. I would suggest a permit condition that required staking the riparian buffers as shown on the mine map. Pat to 1 of 1 10/29/2001 2:53 PM r. r 1 � { .. t r 1 1_ r i .� �.. `•. f . __ _ .., ..�,--+....^.'ti,�-w'rr-r__. ��-...,—. ,, ....-.-._.�^^./'.+-v-�--wu+z.�.,;..^�ro+.....-�•-�•—�-«.:*r^T.—��..�.rr.+trx..IW�*v�ks,-.�.:.v4.�.+�. .ti...3 ,J • MINING CHECKLIST FOR ROUTING Applicant's Name: L Project Name: Applic.fl'ermit No-.67J Date Received: �s G Reviewer: CRiver l3aoln Name: Acw ❑ Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑ Transfer ❑ Release ❑ ?CC rtial Release ❑ Additional Information ❑ Fee Needed: $ Received:.$-6-aL`' Plea Se route entire application package to: 6T66 - Regional Office (2 complete copies; attach the "LQS Regional Office Mining Application Review Checklist" to one copy and attach both the DWQ and DAQ "Mining Application Review Form" to the other copy; Send both copies to the Regional Engineer) Date: Routed16L4?001 Rec'd -,ff VIViE,ion of Water Resources Date: Routed Rec'd ,�A Wildlife Resources Commission Date: Routed Rec'd -.�� S Fish & Wildlife Service Date: Routed �`�i Rec'd (Only new applications and modification requests that add land to the permit) Please route fir5t_3 12aae5 of the application and any location maps _to: ,,er5ivioion of Parks & Recreation Date: Routed Rec'd L�KC Geological Survey Section Date: Routed _ Rec'd (Only new applications and modification requests that add land\to the permit) Xivision of Archives & History Date: Routed 1 Rec'd (Only new applications) Other: Date: Routed Rec'd _ "5uopen5e from receipt) Date for Commento: ld46i (no later than 25 days ZPlease note the following: A; NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Charles H. Gardner, P.G., P.E. Director and State Geologist Octobet 19, 2001 MEMORANDUM TO: Mr. William Wescott Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Susan B. Edwards/ Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application Request for Dudley Landscaping Dudley Landscaping Mine Beaufort County Michael F. Easley, Governor William G. Ross Jr., Secretary 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 November 9, 2001 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 type requests is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /SBE Attachments cc: Mr. Floyd Williams Geological Survey - Land Quality - Geodetic Survey • Center for Geographic Information & Analysis Division of Land Resources - 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 - 919-733-38331 FAX: 919-715-8801 1 Internet: www,dlr.enr. state.nc.us/dlr.htm r- . — 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 Charles H. Gardner, P.G., P.E. Director and State Geologist October 19, 2001 MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources It J9 FROM: Susan B. Edwards - Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application Request for Dudley Landscaping Dudley Landscaping Mine Beaufort County Michael F. Easley, Govemor William G. Ross Jr., Secretary Please find attached for your review a copy of the mining permit application for the above referenced project. Please review this information and advise as to the probability of this operation having an unduly adverse effect on potable groundwater supplies (G.S. 74-51 (2)) or groundwater quality (G.S. 74-51(3)). Please respond by November 9 2001 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send -a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. . Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /SBE Attachments cc: Mr. Floyd Williams Geological Survey • Land Quality - Geodetic Survey - Center for Geographic Information & Analysis Division of land Resources • 1612 Mail Service Center, Raleigh,.North Carolina 27699-1612 _ 512 North Salisbury Street, Raleigh, North Carolina 27604 -919-733-38331 FAX: 919-715-8801 1 Internet: www.dlr.enr. state.nc.us/dlr.htm An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper • IM 9 A7 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Charles K Gardner, P.G., P.E. Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary October 19, 2001 TO: Mr. Phillip McKnelly, Director Division of Parks and Recreation Q`,�V FROM: Susan B. Edward,'Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application Request for Dudley Landscaping Dudley Landscaping Mine Beaufort County Please find attached for your review a copy of the first three pages of the mining permit application and a location map for the above referenced project. Please review this information and advise as to the probability of this operation having a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area (G.S. 74-51 (5)). Please respond by November 9 2001 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 in the review of these type requests is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /SBE Attachments cc: Mr. Floyd Williams Geological Survey • Land Quality - Geodetic Survey - Center for Geographic Information & Analysis Division of Land Resources • 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 919.733-38331 FAX: 919-715-8801 l Internet; www.dlr,enr. state.nc.us/dlr.htm 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 Charles H. Gardner, P.G., P.E. Director and State Geologist MEMORANDUM October 19, 2001 TO: Ms. Tracy Rice Application Review Coordinator U.S. Fish and Wildlife Service FROM: Susan B. Edwardst/ Mining Program Secretary - Land Quality Section SUBJECT: Mining Permit Application Request for Dudley Landscaping Dudley Landscaping Mine Beaufort County Michael F. Easley, Govemor William G. Ross Jr., Secretary 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 November 9.2001 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS -OFFICE. Your continued cooperation in the review of these type requests is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. &M-3-0] Attachments cc: M . F.lo dd Williams Geologlca�Survey • Land Quality • Geodetic Survey - Center for Geographic Information & Analysis Division o6 Land Resources , 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 919-733-38331 FAX: 919-715-8801 1 Internet: www.dlr.enr. state.nc.usldlr.htm An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper AGA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Charles H. Gardner, P.G., P.E. Director and State Geologist MEMORANDUM October 19, 2001 TO: Mr. Mike Street, Chief Habitat Protection Section Division of Marine Fisheries FROM: Susan B. Edwards Miring Program Secretary Land Quality Section SUBJECT: Mining Permit Application Request for Dudley Landscaping Dudley Landscaping Mine Beaufort County Michael F. Easley, Governor William G. Ross Jr., Secretary 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 marine fisheries (G.S. 74-51 (2)). Please respond by November 9, 2001 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 marine 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 type requests is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /SBE Attachments cc: Mr. Floyd Williams Geological Survey - Land Quality - Geodetic Survey - Center for Geographic Information & Analysis Division of Land Resources - 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 919-733-38331 FAX: 919-715.8801 1 Internet: www.dir.enr. state.nc.us/dlr.htm An Equal Opportunity 1 Affirmative Action Employer, 50% Recycled 1 10% Post Consumer Paper BANK OF AMER CA LM�DUDLEY LANDSCAPING & TREE SERVICE, INC. WASHINGTON, NORTH ICAROLINA PH. 252.946.9346 7319 320 HAVEN STREET 66.19/530 10/12/2001 WASHINGTON, NC 27889 PAY TO THE ORDER OF NC DEPT.ECONOMIC NATURAL RESOURCES $ '*500.00 Five Hundred and 00/100"*'►s•►►**sss*►**rsssss►s*s►*sssss*►sss►►ssssssss►sss*ss►►►s►•ss►►►s*►►**►*►ss«s**►�►a* DOLLARS NCDENR 8 MEMO MNING PERMIT on AUTHORIZED SIGNATU w J.,-INO QV,LI T Y SECTION REGIONAL OFFICE MINING APPLICATION REVIIW CHECKLIST-uunoot APPLICATION. ERMIT NO.: — ACTION: New Modification Renewal Transfer Release APPLICANT NAME: MINE NAME: COUNTY: Administrative Issues: A. Is the site currently under NOV? Yes No Explain: B. Is the site under -LAMA jurisdiction? Yes No Explain: Field Issues: A. . Are potential wetlands and watercourses properly indicated on the Mine Map? Yes No Explain: B. Are the proposed buffer zones adequate? Yes No Explain: A 19 Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated? Yes No Explain: Do all water supply wells within 500 feet of the mine excavation appear to be indicated? Yes No Explain: E. Is visual screening needed? Yes No Explain: F. Are the proposed erosion and sedimentation control measures properly located to prevent offsite sedimentation? Yes No Explain: G. Is the proposed revegetationlreclamation plan acceptable? Yes No Explain: Date inspected: Erosion and Sedimentation Control Plan Review: It is the responsibility of the Regional Office staff to verify the adequacy of the E&S measures. Please provide any concerns or comments: Other Comments: Who was the application routed to and when?: Division of Air Quality: Date: Division of Water Quality (Water Quality Section only): Date: Other: Date: Inspector/Reviewer's Name: Date: Regional Engineers Name: Date: 0 MINING PERMIT APPLICATION REVIEW FORM for DIVISION OF WA TER QUALITY Project: Dua L27�&�' County:, r **Dee Date for Comments Back to Land Quality Section: Will the operation, as proposed, violate standards of water quality? Comments: Watershed/Stream Name & Classification: YES NO NPDES permit required NPDES permit existing (Permit #_�} Nondischarge permit required Nondischarge permit existing — (Permit # } Wetlands disturbed 401 Wetland Cert. required 401. Wetland Cert. existing (Permit #_�1 Reviewed by: Date: Print Name: t012000 0 MINING PERMIT APPLICATION REVIEW FORM for DIVISION OF AIR QUALITY Project: /1County: &--V81-ZJt **Due Date for Comments Back to Land Quality Section: ** Will the operation, as proposed, violate standards of air quality? Comments: YES NO Air permit required Air permit existing (Permit # ) Other Comments: Reviewed by: Date: Print Name: 7012000 JARVIS ASSOCIATES, P.A. CONSULTING ENGINEERS - PLANNERS - SURVEYORS 130 EAST SECOND STREET WASHINGTON, NC 27889 PHONE (252)974-7794 FACSIMILE (252) 974-7795 f Phol To: State of North Carolina Date: 10-12-2001 Job No. 01285 Department of Environment Attention And Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center, Raleigh,NC 27699 WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings © Prints x Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order x Mining Permit Application COPIES DATE No DESCRIPTION 6 10/12/2001 Mining Permit A-edication for Dudley Lands in 1 10/12/2001 Check in the amount of$500.00 1 10/12/2001 NCDOT M 6 10/12/2001 Topographic Map 6 10/12/2001 Dudley Lands in Mine(Mining Permit M THESE ARE TRANSMITTED as checked below: © For approval ❑ Approved as submitted ❑ Resubmit copies for approval x For your use ❑ Approved as noted © Submit copies for distribution ❑ As requested ❑ Returned for corrections [} Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US if; "r,, y },� i .. _ - ;� � . h�+C:f� t,• C>; .� I�t,'# C� ,. � {.':: #•tl t.' Ct ► �: .,.r r: .. r :4� ,_ ft �FGi' ,=z �' r.t:rlc:, -(1*�„'� r` 7R•„�ri.:1 � .1., ,,^t,:-�',,,,/i � fc. i;. ••� 1l:'r'. •, '• sw �.{r`1 _. " .Fi' ,� �-i' •!"' .i#4l 1:1 `r , .. •, •ilt :� i,: `11.f'1 -�I .'rf;r,� r� a i(•' ir.'T'sl; -,•r�"i.' {G'- "1:3�,i.l,+.r� 1 r +i 11 _ r .. .. .. ... .d F" �y .; .i ., f;,•r _ •J�:r IT:le F:iir .. '•1..71.',. fit;«�. .:3f 1;'..+. _ .... .-.. ,�! r�; ',E.,. '7 If F s,. f ' ,; i .� }{•, h 1 t:`r • ry P :3 ,'1• fL 1 ` ��, 'l''.+.i i i. ! _ _ •r{,; si .k .� t'. :k, , -'�. 'i a - - .. ._ _. __. r • sr.'# i #1 it .�r� r;.'':.i'�li:',.i; �. ../. r1]!•,J •'1 g�,1', � 4Fy :�t'�� �,t �'..l. i�;.•l •'' ' 11 ;1 I� .. .. F- Ifs MIOLm•�. L •ABN Bseoeiea-3BBUSk3BU3MBIABaBurW SOON 0 0 Notification of`' ning Permit Application • Subject: Notification of Mining Permit Application Date: Fri, 19 Oct 2001 11:43:16 -0400 From: Susan Edwards <Susan. Edwards@ncmai ].net> Organization: DENR - DIVISION OF LAND RESOURCES - LAND QUALITY SECTION To: Senator Marc Basnight <Marcb@ncleg.net>, Senator Ed Warren <Edw@ncleg,net>, "Representative Zeno L. Edwards, Jr." <Zeno e@ncl eg.net> CC: Floyd Williams <F1oyd.Williams@ncmail.net> N. C. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES TO: Beaufort County Senators and Representatives FROM: Division of Land Resources, DENR SUBJECT: Notice of Mining Permit Application DATE: October 19, 2001 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 Beaufort 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 Charles Gardner, State Geologist and Director, Division of Land Resources at 919-733-3833 or charles.gardner@mcmail.net. NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that Dudley Landscaping has applied on October 15, 2001 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 sand on 26.22 acres of land located 4 miles east of Washington off/near State Road 1311 in Beaufort 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 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 I oft 10/19/2001 11:44AM Notification of Mining Permit Application 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 specifies of the proposed mining activity, please contact the applicant at the following telephone number: (252) 946-9346. 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 commentsldocumen tation within the provisions of the Mining 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 applicable: Mr. Stuart Dudley Dudley Landscaping P. O. Box 203 Washington, NC 27889 2 oC2 10/19/2001 11:44 AM ':)W '4ae1deW 'L66 L (0)146pAdoo 199; OOOZ slenbe yaul t :aIeoS t00Z/9 M t :ele0 M .t"96.69 .9LO N XZZ .t£ .9£O :uoreool Nt/ANftB :aLueN I IM .00'0 ,99 .9LOI 1 I I IM .00'0 .69 .9LOI I I I IM .00'0 .00 .LLOI I I o CA $� . .•,•• tx yttc�44?Rzrr i.t}4�'�'ir-rKd'� kke;c w Ln O %mac c r y S ` by \ •! \ �y $y43 b�10 �ti = ti % Via ., -..�/-+n •°�_ �v �"•', � �` = o� ` L �1� - y ��/-, � r =i0 (�:�' ^"sib_ � •�' -,�� ` K � i' _.(�[1I' +�„�,� �•. �ti • i �`lM.-`'�, ' fT', -w__ ~�� :S!'•1 / rr � r- 'Y � .� •3�.a yam...-...,,....,,,,. � Stile �.— Jet �y �J __L� f 'a \ „� � '• `-v � CF+"'� _ ] • _��-�F. • c" \ , 1' 7 1�� � � +•-r.� ..,� � '/f� `�i.•a - `lr,,, .,�. �� "� 4� � - ` �. -_ W yea % Co 41. 0.6*3s Li Ca. (� r •` -o p e N Oi Zej �..�. _ - ter• — "� m� , 4yP Ell ' f �••��.. 20f[ Af _ H-L 9— Zo \ '•� r -�'�r^-.��°u`^ "� IJE\dtial!e,l h riDS I IM .00'0 .99 .9L01 I w I I IM .00.0 .69 .9L01 I Iqw I IM .00'0 1 00 .LLOI I I • OCT, cot M NORTH-CAROLINA MINING PERMIT APPLICATION state of North Carolina Department of Environment And Natural Resources Division of Land Resources Land Quality section 1612 Mail service Center Raleigh., North Carolina 27699-1612 (919) 733-4574 Revised 10/2000 • NOTE: It is recommended that you contact the appropriate Regional Office (see Regional Office listing in the back of this booklet) or the Raleigh Central Office for a PRE -APPLICATION MEETING To discuss your intentions and address any questions . 11 E MINING PERMIT APPLICATION REVIEW PROCESS FLOWCHART BEGINNING OF PROCESS Application received by Land Quality Section/ State Mining Specialist Application assigned to Assistant State Mining Specialist Assistant State Mining SpecialisVProgram Secretary I routes application for review and comment - U.S. Fish & Wildlife Service - N. C. Geological Survey Wildlife Resources Commission - Division of Water Resources - Division of Archives & History Division of Parks & Recreation - Others as appropriate *All application review comments forwarded to Assistant State Mining Specialist Is application complete? If "YES", Assistant State Mining Specialist drafts the proposed permit action Applicant issues Public Notice - Land Quality Section Regional Office Division of Air Quality - Division of Water Quality ...................................... Review Public Comments; Public Hearing Possible If "NO", Assistant State Mining Specialist drafts a letter requesting additional information from applicant Additional information from applicant received and routed to/reviewed by Assistant State Mining Specialist and Land Quality Section Regional Office (go to*) ApQlication & proposed permit action reviewed by State Mining Specialist Is application & proposed permit action complete/acceptable?? If "Yes", the following permit actions are issued by the State Mining Specialist: - Draft Permits - Permit Transfers/Name Changes - Bond Substitutions - Permit Releases END OF PROCESS If "YES", application & proposed permit action forwarded to and reviewed by Division Director Is application & proposed permit action complete/acceptable?? If "YES", the proposed permit action is issued by the Division Director If "No", application & proposed permit action returned to Assistant State Mining Specialist for revision (go to *) For other permit actions, if "Yes", application & proposed permit action forwarded to and reviewed by Land Quality Section Chief Is application & proposed permit action complete/ acceptable?? If "NO", application & proposed permit action returned to State Mining Specialist/ Assistant State Mining Specialist for revision (go to *) If "NO", application & proposed permit action returned to Section Chief/State Mining Specialist for revision I (go to *} END OF PROCESS 0 . LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine dle dsca ' Min County Beaufort River Basin Tar/Pamlico Latitude (dd.mmss) 3 31'24" Longitude (dd.mmss) 76'59'04" 2. Name of Applicant* Dudley Landscaping T 3. Permanent address for receipt of official mail** P 0 Box 203, Washington, North Carolina 27889 Telephone 252 946 9346 4. Mine Office Address 213 Dogwood Drive Washington. North Carolina 27889 --------Telephone252-946-9346 5. Mine Manager Stuart Dudlev 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 wilifnl misrepresentation of facts will be cause for permit revocation. Date D % 0/ Print Title Owner * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond�urityj 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 rant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. -1- APPLICATION FOR A MDUNG PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: 1. a If this is an application for a NEW ;permit, indicate the total acreage at the site t e covered by the permit (this is the acreage that e ' new permit" fee will be based upon): ac Of this acreage, how much is owned and how much is leased? Acres owned:___ 26.22� Acres leased: Property owner if leased: b. If this is an application for RENEWAL of mining permit, indicate the muting permit number and the total (overall) ac.. *e cov a existing permit: MiaEing Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): c. If this is an application for a MODWICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered the existing permit: Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes Na . If y 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? Yeses 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 TRANS R of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Miming Permit No.: Total permitted acreage: ■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Tol2ggil / Sand 3. MimsX g method: Hydraulic Dredge X Front-end Loader & Truck X Shovel & Truck Dragline & Truck X Self -loading Scraper X Other (explain) -2- 0 • APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) 0' Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) oMKW gmund level _ b. Expected average depth of mine (feet) -- µ 20' 5. 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 _ B. MAPS 1. Clearly mark and label the location of your mining operation on s' 0210 of a 7.5 minute quadrangle and a county highway map. These maps, in addition to six-L6) of all mme 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 Comunission Raleigh, North Carolina 27602 (919) 733-7600 -3- 0 L�] APPLICATION FOR A MINING PERMIT 2. Mine maps, must be accurate and appropriately scaled drawings, aerial pphotographs or enlarged topographic' maps of the entire mine site. All as" 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 IO years; thus, all mine and reclamation maps must only denote those actmt. that are intended to be conducted during the life of the mining permit. All maps must be i of a scale sufficient (see minimum requirements listed below) to clearly llustrate 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 ding. d. Outline and width of all buffer =ones (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. Outline and acreage of all settling and/or processing wastewater ponds. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries: o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway; creek, stream, river, or other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided, on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 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 S. Name and title of person preparing map Map scales should meet the following guidelines: PERbUTTED ACREAGE MAP SCAU 0-99 Acres I inch = 50 feet 100-499 Acres 1 inch = 100 feet 500+ Acres' 1 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 0 Stockpiles 0.41 Wasteplles 0 Processing Area/Haul Roads 0.65 Mine Excavation 25.16 Other X� , A -'� ; : IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SIT&SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTION&STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT -BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- 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 Strip vegetated surface and stockpile. Begin excavating topsoil and stockpile then continue with excavation of sand. Once excavation reaches the pine tree farm men reclamation of the first pond shall begin. After reclamation of Phase I then the pines shall be removed, topsoil stripped and stockpiled and continuation of excavating of sand. Then reclamation of Phase II wil begin as the pond reaches the boundary of the minions permit. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and d mining to prevent offsite sedimentation (include specific plans for sediment and erosion contror mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine maps) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. The site shall be faded such that the mining activities shall occur from the low side of the site and the pond shall act as a sediment trap while mining activities occur. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes No 7C . If yes, briefly describe all such processes including any chemicals to be used. b. Will the operation involve disc fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes�o X -. 1f 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). • APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes X No . If yes, do you intend to dewater the excavation(s)? Yes No X . If yes, what impact, if any, will. mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine map(s) that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine Iocale is served by a public water system or private wells. d. If yyou 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 Quahty, 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 aid needs a capacity use permit from the Division of Water Resources if the operation fies 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 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? Use of water truck as needed. -7- 0 Ll APPLICATION FOR A M VING 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 ni� unds the site on all sides and(a 50' rip buffer covers the site adjacent to Broad western most property line. 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 distwbm* 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). See answer 5a. 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. Construction of 3:1 side slopes shall be maintained and stabilized per the seeding schedule shown on attached maps. ME • 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 benches and/or slope drains (with supporting design information) if needed, and the method offinal stabilization. c. In excavations} of unconsolidated (non -rock) materials, !cify the angle of all cut slopes including specifications ffor benching and sloping. Cross -sections or all cut slopes must be provided on the mine map(s). 3:1 side slopes y 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 the ches, and the expected maximum depth of the excavation. At 3:1 side s opes. 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 3:1 slope stabilization and seeding 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). Exbstmig wooded areas shall be maintained in areas outside of the haul road and a well defined farm ditch with a wooden post and chain shall protect the haul road. mom APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes No X . How will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintainingVoarlfvisual lanting trees, bushes or other vegetation, building berms or other measures. Show the location screening on the mine map(s) and providde cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. Existing trees will act as a screen to the public from the mining operation. 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 (Le., 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 vilyrations. 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 lo the cations) of all storage facilities on the mine map(s). -10- 0 APPLICATION FOR A M qNG 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 mi„�i�;rt� 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. The side slope of the mine of 3:1 shall be sloped and stabilized per the seeding requirements. The pond shall be stocked with bass and brim. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes X No If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-section(s) through the proposed body(s) of water. The minimum water depth 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 X No . If yes, specify species. Bass and Brim. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent bamcade 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. Placement of a gate at the entrance into the mining area. -1Z- 0 • APPLICATION FOR A MINING PERMIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations for such areas must be provided on the reclamation map. Grade the banks with3:1 side slopes and seed S. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. All slopes, land including processing areas, shall be graded and stabilized. b. Will any on -site roadways be left as part of the reclamation? Yes X No yyes, 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 venerated waste shall be disposed of on the mine site without prior written approval from the NiC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine maps) and reclamation map, along with a list of items to be disposed in said areas. All waste produced on site shall be exported to an approved disposal area. No offshe waste shall be disposed of in or on this nine site. -12- • APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for -year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for permanent revegetation and, if necessary, temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension. Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects, e. Private consorting 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 #lac SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING 31A&ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Tvves: Seeding Dates: Seeding Rates: See Plans MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: 2 tons straw/ac OTHER VEGETATIVE COVERS - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, treestacre, spacing of trees/shrubs, etc): Revegetation Signature Print Name reforestation plan approved by: Date Title ., i nl dc,#- Cc^s;,--Licni 5'f' — --• - -- Agency 12C -13- s F APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation "rksheet is to be used to establish an appropriate bond (based upon a range of $S00 to $S, 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 miningpermit. Please insert the W=mmate acreaee. fore ch AFFECTED CATEGORY ACREAGE Tailings/Sediment Ponds: O Ac. Stockpiles: 0.41 Ac. Wastepiles: 0 Ac. Processing Area/Haul Roads: 0.65_ Ac. Mine Excavation: 25.16 Ac. Other: Ac. TOTAL AFFECTED AC.: 26.22 Ac. (TOTAL PERMITTED AC.: I Ac.) RECLAMATION RECLAMATION COST/ACRE* COST X $ /Ac. $ X $ 1800 /Ac. _ $ 738 X $ /Ac. _ $ X $ 1800 /Ac. = $ 1170 X $ _ 500 /Ac. = $ 12580 X $ /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 offshe sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 26.22 Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: $ 14.488 Inflation Fad: , 0.02 X SUBTOTAL COST: $ 289.76 X Permit Life (1 to 10 years): 2.897.60 INFLATION COST: $ ` TOTAL COST = SUBTOTAL COST + INFLATION COST = 17 8 0 Total Reclamation Bond Cost: $ 17 00 (round down to the nearest $100.00) -14- Ok,� ' .CATION FOR A NUNING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a ficsimile thereof, attached to this application must be sent certified or registered mail to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which He 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 Detector, 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 PERMIT'S AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PE D ARE,h4 AS REQUIRED BY NCGS 74-50(bl). ■ SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE ."AFFIDAVIT OF NOTIFICATION" -3.5- NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that has applied on October 12, 2001 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resouroes, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): (a) a new surface mining permit ❑ (b) a modification of an existing surface mining permit to add land to the permitted area ❑ The applicant proposes to mine Sand on 26.22 acres located 4 (Mineral, Ore) (Number) (Miles) east of , Washington ofFnear road SR 1311 _ (Direction) (Nearest Town) (Number/Name) in - 13esufort _ - County. *SEE ATTACHED MAP FOR PROPOSED PERNM 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 trail, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 fist 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 arena 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, d comment period specified above: A copy of the permit application materials are on file and available for public review during nonmai business hours at the above listed address as well as at the appropriate regional office. For informations regarding the species of the Mg2ad Mining aetivity,_phnn contact the applicant at the Wowinz telephone number. 252-946-9346 _ For information an the mining permit application review process, please contact the Mining Program staff at 7334574. Please note that the 2SZartment will c"id" er any relevant written commentsldocun_nr tation r thin the a 2Lmsion_s of the Mining Act of 1971 thrm out the aM&atioa review RMMs until a final decision is made dt a lirati Gladys Mae Wimstead -485 TurkMLLnS 42 Rd., Washington, NC 2788 .(AddressectOwner of Record's Name and Addt ass) October 12, 2001 — (Date of Issuance of this Notice( Mailed to Ad&vssee/Owner of Record) DudleXLandscaping— Stuart Dudley _ (Name of Applicant: Include Contact Person & Company Name, if Applicable) 213 Dogwood Dr. Washington. NC 27889 (Address of Applicant) • NOTICE Pursuant to provisions G.S. 74-50(b1) of The Mining Act of 1971, Notice is hereby given that DudlCy LandgMginst has applied on 0ctober 12.L00)_ (Applicant Name) (Date) to the Land Quality Section, Division of Land Reso=t% 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 ❑ (b) a modification of an existing surface mining permit to add land to the permitted area ❑ The applicant proposes to mine Sand on 26.22 acres Iocated 4 (Mineral, Ore). (Number) (Miles) east of Washina m off1'near road SR 1311 (Direction) (Nearest Town) (Number/Name) in Beaufort County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOE41NG 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 milting 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 an file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For info Hon mgarling the sj&91Ls of the Pm minim activity. Please co~ the aPPWat at the fallowing tekpbonewamber, _252946-9M ---. For information on the mining permit application review process, please contact the Miming Program staff at 733-4574. Please note that tine ent ill consider an event comments! enta 'on within the ovisions of the Mining Act of 1971 throw1bout the Mlication reviewgrocess until a final decision is made on the a Mlication. Ruby Pippin 399 Turkey Trot IL Washington. NC 27889 _ (AddresserJOwner of Record's Name and Address) October 12. 20QI (Date of Issuance of this Notice/ Mailed to AddressedOwner of Record) Dudley J andscaming— Stuart Dadlev - - _ -- (Name of Applicant: Include Contact Person & Company Name, if Applicable) 213 Doxwood Dr. Washinam NC 27889 (Address of Applicant) • 0 NOTICE Pumunnt to provisions G.S. 74-50(bI) of The Mining Act of 1971, Notice is hereby given that Dudlgy 1:dMdM1Linst has applied on _-October_ 12, 2001 (Applicant Name) (Dee) to the Land Quality Section, Division ofLand 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 ❑ (b) a modification of an existing surface mining permit to add land to the permitted area ❑ The applicant proposes to mine Sand an 26.22 acres Iocated 4 (Mineral, Ore) (Number) (Miles) Cast of MLashLmgtoq o$7near road SR 1311 (Direction) (Nearest Town) (Number/Name) in Beaufort 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 mwaicipality in which any part of the permitted area is located. Any person may file written commen(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 heating 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 bd1bm=tJen Mrdlne the s of the minim activ % Idgesse contact the 8122119at at the fadmvingtelephone_n--umber._ ?,S2-946-9346 - -- _ - - . For information on the mining permit application review process, please contact the Mining Program staff at 733-4574. Please nee that the Pgalment will consider an rem Levant written comments/documentation within the provisions of the Mining Act of I9.71 gwmg l►aut the Mlication reyiewgmMs until a final decision is MpAg on the golication. Phil E Garris - 1.121 TAm Trot #82B Whin an, NC 27889_ (Addressee/Owner of Record's Name and Address) October 12, 2001 (Date of Issuance of this Notice/ Mailed to Addressee(Owner of Record) Dudley Landscaping_- Stuart Dudley - - (Name of Applicant: Include Contact Person & Company Name, if Applicable) 213 Dogwood Dr, Washingm NC 27ts$9 (Address of Applicant) NOTICE Pursuant to provisions G.S. 74-50(bl) of The NVfmmg Act of 1971, Notice is hereby given that Dudley Lartdscaning has applied on October ?,. 2001-- . (Applicant Name) (Date) to the Laud 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 ❑ (b) a modification of an existing surface mining pit to add land to the permitted area ❑ The applicant proposes to mine Sand on 26.22 acres located 4 (Mineral, Ore) (Number) (Miles) east of Washington offlnear road $R 1311 (Direction) (Nearest Town) (Number/Name) in Beaufort County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND fACATIONIS; In accordance with G.S. 74-50(b1), the mine operator is required to make a reasonable effort to notify, all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tmd is owners or leased by the applicant or is owned by the lessor of the mine track 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 and of the 30-day comment period specified above. .A copy of the permit application materials are on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office: For infer Hon regarding the seWft of the DM221gd mining activity, manse contact the anoikant at the foil Mna teletthane number•. 252-946.9346 , , Far information on the mining permit application review process, please contact the Miming Program staff at 733-4574. Please note that the ftj=ent will consider any relevant written ents/doamentation within the visi s of ft Mining of of 1971 ±mwihout the =licatiot review process until a final decision is made on the gMUcation. Betty Leggett Lilley 1156 Horse Pen SwamA Road, Washington, NC 27999 (Addressee/Owner of Record's Name and Address) October 1 2001 (Date of issuance of this Notice/ Mailed to Addressee/Owner of Record) Dudley Landscapinst — Stuart Dudley (Name of Applicant: Include Contact Person dt Company Name, if Applicable) 213 Dogwood Dr. Washington. NC 27889_ _ (Address of Applicant) NOTICE Pursuant to provisions G.S. 74-50(bI) of Ile Mining Act of 1971, Notice is hereby given that Dudlgx Landmvina has applied on October 12, Mi (Applicant Name) (Date) to the land Quality Section, Division of hand 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 ❑ (b) a modification of an existing surface mining permit to add land to the permitted area ❑ _The applicant proposes to mine Sand an 26.22 awes located 4 (Mineral, Ore) (Number) (Miles) east of Washington _ off'new road S l 1 (Direction) (Nearest Town) (Number/Name) in Beaufort County. *SEE ATTACHED MAP FOR PROPOSED PERMTI' BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bI), the mine operator is required to make a reasonable effort 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 ttact.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 thine Operator must also notify the chief administrative officer of the county or municipality m which any part of the permitted area is located. Any person may file written eomment(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 cttipy 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 st�eeitts of -the oromm-4 mining activity. please contact the ar,alkagtat the following telephone number. 25Z z9d6-9346 _ . For information on the mining permit application review process, please contact the Mining Program staff at 733-4574. Please Tote that the ft#Ment will 2Miderany relevant written omments/documentation within the ons of the Mininix Act of 1271 out the imlication review.proMs until a final decision is made on the aualication. Barbara King Miley _ 999 Whooten Towq ,(ipad,LV4r�onn, NC 27889 (AddresseelOwner of Record's Name and Address) October 12. Loot (Date of Issuance of this Notice/ Mailed to AddresseelOwner of Record) Dudley l.andsoaing— SW t Dud1- - - (Nmne of Applicant: Include Contact Person dt Company Name, if Applicable) -213 Dogwood Dr. Washington. NC 27889 _ (Address of Applicant) NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Ad of 1971. Notice is hereby given that Dudlsy LangMing has applied on October 12, 2001 (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 27699-161Z for (check one): (a) a new surface mining permit ❑ (b) a modificatigg of an existing surface mining permit to add land to the permitted area ❑ The applicant proposes to nine Sand on _ _ 26.22_ acres looted 4 (Wmesal, Ore) (Number) (Miles) east of _ Washington offinear road SR 1311 (Direction) (Nearest Town) (Number/Name) in Beaufort 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 trails must be notified (that are within 1,000 fed 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 offhce. For lafumflon E=rdlng the MlWft of the proposed u0n activity, plessC concoct the applicant at the followingtelenh�ne number: 252_946-9346 For information on the mining permit application review process, please contact the Mining Program staff at 733-4574. Please note that the De pMent will consider_ any_relewmt written comments/documentation within -thy provisions of the Mining Act of 1971 trough the auvlicetion review process until a_ mat decision is made on the Mlication. Polly Sheppard Williams, UA 542 S Asbury Church Rd., Washington. NC 27889 (Addressce/Owner of Record's Name and Address) October 112001 (Date of Issuance of this Notice( Mailed to Addressee/Owner of Record) Dudley E.andscagin a — Stuart Dudley (Name of Applicant: Include Contact Person & Company Name, if Applicable) 213 Dogwood Dr. Washington. NC - 27892 (Address of Applicant) NOTICE Pt =cot to provisions G.S. 74-50(b 1) of The Mining Act'of 1971, Notice is hereby gives that Dudley in has applied on October 12 200 (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 ❑ (b) a modification of an existing surface mining permit to add land to the permitted area ❑ The applicant proposes to mine Sand on 26.22 acres located 4 (Mineral, are) (Number) (Miles) east of _ _ - _ Waglington . _ , offlnear road SR 1311 (Direction) (Nearest Town) (Number/Name) in Beaufort 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. For information resardlnn the specific of the Proposed mie#ug acftdtv, nkm contact the spoHwnt at the falk wing-telenhone number: 252.946-9346 -- . For information on the mining permit application review process, please contact the Mining Program staff at 733-4574. PLas_e note that dry EWMent will consider an event comments/docum within the visions of a MiningAct of 971 thro out e Uglicationlodew MyM unW a final decision is made on the a lice 'on. Henry B. Hamilton 691 S ALbM Church M. Washingq& NC 27889 (Addressee/Owner of Record's Name and Address) October_ 12, 2001 _ (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Retard) Dudley, g — Stuart DWft+ (Name of Applicant: Include Contact Person & Company Name, if Applicable) 213 Dogwood Dr. Washington.. NC 27889 (Address of Applicant) APPLICATION FOR A MEgNG PERMIT AFFIDAVIT OF NOTIFICATION I, Dudley Landscaping_ . an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: A0 (Adjoining Landowner Name) (Address) �pInai14 B. H 6215 AsbjM&hum�h Rd., Washington. NC 27889___ hggpard Williams. LLC_ 542 S Asb= Church Rd. Wpshingl¢n NC 2788�_� Leggett Lilley 1156 Horse Pen Swamp Rd. Washington,C 27889 (Attach additional list if necessary) do also attest that the following individual is the chief administrative officer of the county or municipality in any part of the permitted area is located and that notice of the pending application has been caused to be by certified or registered mail, to said office at the following address: (Chief Administrative Officer Name) (Address) [City Manager, County Manager, Mayor, etc.] 121 West P Strom, Washington. NC 27889 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 adjomini the mwmg p 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 minim permit boundary) and the chief administrative officer of the county or municipalityin which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC.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 ofApp t (d ZJ a, Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) 34ua ri QUai Par (title of person executing Affidavit) I, a Notary Public of the County of , State of North Carolina, do hereby c that appeared before me this day and under oath acknowledged that the above Affidavit wqp._ • .. • .._ Witness my hand and notarial seal, this /,a day of Notary; My Commission * See Attacment -17- t. • - • T 'i ��lss�taeeeeae�+�� • Barbara King Lilley �9 Phil E Garris . Ruby Pippin Gladys Mae Winstead 5:12001101285 ttarhmcM.Pe rWtdm 999 Whooten. Town Road, Washington, NC 27889 1121 Turkey Trot #2 Rd, Washington, NC 27889 398 Turkey Trot H, Washington, NC 27889 485 Turkey Trot Rd #2, Washington, NC 27889 0 APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby gram to the Deprtm,ent 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 reas�na ly required in the adniimistration 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 ma be reasonably necessary in order to carry out reclamation which the operator'has failed to complete in the event a Mond forfeiture is ordered pursuant to G.S. 74-59. i 01 f ■Jll 6"PRIL6, Print Name: Stuart Dudley Address: P O Box 203 Washington, NC 27889 Telephone: 252-946-9346 APPLICANT: Signature:* Print Name: St= Dudley _. Title: Owner Company: Mine Name: DudleY LandEggingMine. *Signature must be the same as the individual who signed Page 1 of this'application. id the apgropriate promssim fee (see neat page for fee schedule) in the form a check or money order tote North Carolwa Department of Environment and Natural Resources must be sent to the Land Section Central Office at the address listed on the front cover of this application form. Innqquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. -18- N MNG A nonrefundable permit application processing fee when Mug for a new mining permit, a major permit modiftation or a renewal permit is required as follows: TYPE ACRES NEW MAJOR PERMIT MODIFICATION RENEWAL Clay 1 but leas than 25 S500 $250 S250 25 but less than SO 1000 S00 Soo 50 or more 1500 500 SO0 Sand & Gravel, 1 but leas than 5 ISO 100 100 Gemstone, and Borrow Pits 5 but leas than 25 250 100 100 / 25 but leas than 50 SO 250 S00 50 or more 1000 S00 S00 Quarry, Industrial Minerals, 1 but less than 10 250 100 100 Dimension Stone 10 but less than 25 1000 250 S00 25 but less than 50 1500 S00 S00 50 or more 2500 S00 S00 Peat & Phosphate I or more 2500 S00 S00 Gold (Heap [,each), Titanium & Others 1 or more 2500 S00 S00 , A nomreftrudable 559M permit application processing fee Is required for minor permit modificadons. Minor permit modlikatlon Include ownership tranitra, name changes, bond substitutions and permit renewals where the mine Is Inactive and My stabilized. A minor permit madiflesdon also includes lands added to a permitted area, oritslde of the mlnlmam permit buffier zone regairemeate, where no plan for mining related dhturbaace of the added lands have been approved. All other changes are considered major modifications. Acres fir new permits and renewed permits means the total acreage at the side.. Acres for major modilleadou of permits mesa that area of land affected by the modUkation within the permitted mine area, or any additional IwW that Is to be disturbed and added to an existing permitted area, or both. 10/2000 0 Francis M. Nev4 Jr., RE. Section Chief Land Quality Section 1612 Mali Service Center Raleigh, NC 27699-1612 ShfuolutAddrew, Land Quality Section 512 North Salisbury Street Raleigh, NC 27604 LIJ JTY SECT] James D. Simons, P.G., P.E. - Chief Engineer T - Sediment Specialist David H. Ward - Assistant Sediment specialist Tracy E. Davis, P.E. - Mining Specialist Judy Wehner -Assistant Mining Specialist Chris Hite - Assistant Mining Specialist James K. Leaman, P.E. - Dam Safety Engineer Tand Dodd - Assistant Dam Safrty Engineer 7 - Assistant Dam Safety Engineer Caroline Medlin, E-L- Sediment Education Spechsllst Tabitha Brower - Sediment Education Intern Secretaries Hope Thompson - Lead Secretary Stephanie lane - Sedineest & Dams Susan Edwards - Mining LAND QUALITY SECTION REGIONAL OFFICES ASHEVILLE MOORESVILLE WINSTON-SALEM RICHARD PHILIA S, P.E. DOUG MILLER, P.E. MATTHEW GANTT, P.E. JOHN' Interchange Bldg. 919 North Main Street 583 Wanghtown Street 38M & 59 Woodfin Place Mooresville, NC 28115 Winstan-Salem, NC 27107 Raleigh Asheville, NC 28801 COURIER-13.1341 INTER COURIER-12.59-01 COURIER - 09-08.06 (336) 771-4600 (919) 5- (828) 231-6208 (704) 663.1699 FAX # (336) 7714631 FAX p FAX 0 (828) 2314452 FAX 0 (704) S63- i040 Alamance Allegheny Ashe Chotha Avery Buncombe Burke Alexander Lincoln Caswell Davidson Davie Fraakll Caldwell Cherokee Clay Caharras Mecklenburg Forsyth Guilford Rockingham Johnsu Graham Haywood Henderson Catawba Rowan Randolph , Stokes Sorry Northa Jackson Macon ' Madison Cleveland Stinky Watauga Wilkes Yadkin Vence McDonnell Mitchell Polk Gaston Union Warree Rutherford Swain Transylvania Iredeil Yancey FAYETTEVILLE WILMINGTON WASHINGTON WQ.LIAM (TOBY) VINSON, P.E. DAN SAMS, P.E. FLOYD WILLL MS, P.G. 225 Green Street 127 Cardinal Drive Ext. 943 Washington Square Mall Suite 714 Wilmington, NC 288409.3845 Washington, NC 27889 Fayetteville, NC 2LI01 COURIER-16-04-01 COURIER-14.56.25 COURIER - 04.16.33 (253) 946-648I (910) 486-1541 (910) 3953900 FAX # (252) 9753716 FAX li (910) 486-0707 FAX q (910) 350-2018 Beaufort Bertle Camden Anson Montgomery Scotland Br mmick New Hanover Chowau Craven- Curritnck Bladen Moore Carteret Onalow Dare Gates Greene Cumberland Richmond Columbus Peoder Hertford Hyde Jones Harnett Robeson Doplin Lenoir Martin Pamlico Hoke Sampson Pssgnotank Perqui-ens P1tt RME Tyrrell Washington Wayne OF RECLAMATION COSTS io/2000 v gV2Lco..8eb..pa !anee of $SOO - SS, 000 ner affected ac 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, AV Gold, TI - Titanium, and OT = Other T_/." S Ponds S . Piles W . Piles P . area/H . R . Mine Eacay. SG, GS, $500/ac. (L) $1800/ac. $2000/ac. $1800/ac, $500/ac~(L) Borrow 1500(FI) $2000(PD) CS, DS, 500 (L) 1800 2000 2000 500 (L) FS, MI, 1500(FI) 2500(PD) LI, PF, OL, KY PH 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) CL 1000(L) 2500 5000 5000 2000(L) 2500(FI) 3700 (PD) PE, AU, 1000(L) 2500 3000 3500 2000(L) TI, OT 2500(FI) 5000(PD) (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetating AS PRR NCAC 1SA SB.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DES BY TBE BOND CALCULATION NORKSHF.ET, YOU DRY SUBMIT AN ESTIMATE OF RECLANATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST DR PROVIDER WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTATES MUST INCLUDE THE VOIJAKING, AS A MINIMUM: - FIHAL GRADING COSTS PER ACRE - LnM AND FERTILIZER COSTS PER ACRE - YEAR-ROUND I"'Or G MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PMWT DOCUMENT) - MULCH AND ANCHORING COSTS PER ACRE - ANY OTHER RECLAMa1TION COSTS NECESSARY TO COMELY 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. N,. �. ,. . � .,.v-... ,._...- v....n ,... -,.- ....�v-- ...,���,w,�.f,r„-.. �..-v,,,L�.�� ,�^ �ti,ti,��;�...,-.1(�,.�.�F`+Yti'-,:v�./UV"'� • - ,, . 1 North Carolina Department of Environment and Natural Resonrces, r Division of Land Resources, Land Quality Section. C ONWPURT (P MM) L MINE NAME X •P L ` 1(_ 2. MINIIVG PERMIT #fly - 3. OPERATOR ' t1Y� ,` � �:. e ` o i u't l' '4: COUNTY 70 t kt f- 5. ADDRESS �, ` . C � KC f / � � a . 6. PERMIT EXPIRATION DATES 17 / 11 _ l 7. RIVER BASIN T 8. Person(s) contacted at site 0, CV , Ov 1 S 1 •�( 9. Was mine operating at time of inspection? ❑ Yes O�No 10. Pictures? ❑ Yes ; -No 11. Date last inspected: I I / !! La 12. Any mining since last inspection? . tq Yes 0 No 13. Is the mine in compliance 'with the Operating Conditions of the Permit? Yes ❑ No If no, explain:a:= ------ 14. Is the mine in compliance with the Reclamation Conditions of the Permit? tQQ Yes ❑ No If no, explain: 15. Did. any of the above deficiencies result in offsite damage? ❑ Yes No If yes, descnbe the type and severity of the damage: � 4 164 Corrective measures needed and/or taken: 17. Other recommendations and comments: '1%E' _ ti,(� g VtL1Yi;'c_� W-'l _rUr MA t C NVAL 1. ► 18. Is the Annual Reclamation Report +/-map accurate? 8 Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? 'p Yes ❑ No Proposed date !C /(- //I 20. No. of additional pages of Inspection Report . 21. Copy of Report sent to operator! L. —, — (date) INSPECTED BY: �-� CI !✓ !1 c I s �,� 1�.4' �'It �vo DATE / tz / 1,e Telephone No: f White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 STATF 4� Yr RECEIVE NOV 0 6 2007 State of North Carolina LAND QUALITY SECTION Department of Environment and Natural Resources Washington Regional Office Michael F. Easley, Governor DIVISION OF LAND RESOURCES LAND QUALITY SECTION November 5, 2007 Mr. Stuart Dudley Dudley Landscaping & Tree Service, Inc. 320 Haven Street Washington, NC 27889 RE: Dudley Landscaping Permit No. 07-46 County: Beaufort Drainage Basin: Tar -Pamlico Dear Mr. Dudley: William G. Ross, Jr., Secretary Under the provisions of NCGS 74-56 of the Mining Act of 1971, an inspection of your/your frrm's referenced mine site was recently performed. A copy of my report is attached. Carefully review the report and note any cited problems or deficiencies. Your cooperation in taking the specific corrective actions and/or recommendations is appreciated. (Note: It is your responsibility to understand and comply with the terms and conditions of your mining permit and the Act.) Please do not hesitate to contact this office if you have any questions concerning the report. Sincerely, Patrick M. McClain Regional Engineer Enclosure: Mine Inspection Report cc: Mr. Floyd R. Williams, PG, CPESC, CPG, CPM, State Mining Specialist 943 Washington Square Mall, Washington, North Caroline 27889 Telephone 252-946-6481, FAX 252- 975- 371 t3 An Equal Opportunity Employer 50%recyclaW10%post-consumer paper . .. . ,._. .-...-.-.ter... ._ ...."C.-L.�'�-�f--�'-�'•-.yl"'w..r -�-'�..4.:.,_.,-.. --`'-.-.�... ..�cn---�'-•-.r--_ _... ._ _.. � � -.-. _�. �., �. _ _._, -...._ . r North Carolina Department of Environment and Natural Resourc s, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) LAND QUALITY SECT 1 N 1. MINE NAME r) c> 0 L r Y 1- tq ��� �a.r? j r� c 2. MINING PERMIT # C 77 - c 1 4 3. OPERATOR 0 u 0` r L_ ��r yg pJ 1 v 4. COUNTY F 7 r T GR 5. ADDRESS I Z () 14 fi v it;, C," L,.Oe-,tl �►� C. t Gti _ N ? 79 S 5 6. PERMIT EXPIRATION DATE 17 I r7 /1 r 7. RIVER BASIN Pn 8. Person(s) contacted at site _ i�1 Ca (_h , r G Z , , t r - 9. Was mine operating at time of inspection? ❑ Yes 02'No 10. Pictures? ❑ Yes O"No 11. Date last inspected: E I "I / G 7 12. Any mining since last inspection? ❑ Yes 0-T4 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ©'No If no, explain: C)C $4 t-=f C S l._G OF S T,,, i w e' (-� . _P a rk_ ),� 0 12F OZ I n-1 t /1.'r[ f. 4t <i M i ht f P F (4 ►-o F T .-A G L' ry P F) R t 1F "> trl r'j r' ✓v1 At? ,C E t � 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes 65-No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: F P 11,E "_- S. L_ G P� S PPP R G r l-tG ►- 1✓" _3 U_ PR r Vr 1,1 r +-f F 0s1 r' 00 Ic f F a.nI,-7 17. Other recommendations and comments: 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) P-Not Reviewed 19. Follow-up inspection needed? P' -es 915'Ko Proposed date 2- 11 1 20. No. of additional pages of Inspection Report 21. Copy of Report sent to operator// ,�} (date) INSPECTED BY: U �Ci .y M i. , t-1 T ��/1 c (, �, +� DATE 1 1 7 Telephone No: ` 1-t(. -- e,LICE I White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME Co vi AT a di, u- i 2. MINING PERMIT # 3. OPERATOR u 4. COUNTY r 5. ADDRESS 3AO 14 -4 6. PERMIT EXPIRATION DATE a,6111 7. RIVER BASIN - JWO 8. Person(s) contacted at site ne s' to 9. Was mine operating at time of inspection? ❑ Yes XNo 10. Pictures? ❑ Yes 11. Date last inspected: 9 LZ/ I GY4 12. Any mining since last inspection? ,KYes 13. Is the mine in compliance with the Operating Conditions of the Permit? W Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ,WYes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes )' No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: oZS rw7` 1?h<'&v , Br' 18. Is the Annual Reclamation Report +/-map accurate? Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes XNo Proposed date 20. No. of additional pages of Inspection Report . 21. Copy of Report sent to operator Sind (date) INSPECTED BY: ClX 1, wx DATE1 lO Telephone No: ( l White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 '1 El I North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section (PERMITTED MINE) 1. MINE NAME /L-- 10 it dk4h. r i 2. MINING PERMIT ,- 5�1d 3. OPERATO4. COUNTY • li_ u r,t 5. ADDRESS 1A 0 0,.. A t;L., 7 6. PERMIT EXPIRATION DATE 7. RIVER BASIN 8. Person(s) contacted at site v 9. Was mine operating at time of inspecti n? ib Yes ❑ No 10. Pictures? ❑ Yes ® No 11. Date last inspected: 1 / 13 / 4�( 12. Any mining since last inspection? S Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? El Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes Ps No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken, r cc.w, , ,y r C� -) i t L J o LAE 5 lr lL r,- L ]" 0 IIRU A-'r. Ll., 0 18. Is the Annual Reclamation Report +/-map accurate? Ll Yes ❑ No ( xplain) fP Not Reviewed 17 1�2f,.1Ai . t 13,J ,. ( c v,, li4rl✓ILl✓( " 1,), & _A,, Vl i uY 1CJf(✓!1 [ JC _�1JAV1CJ bjr 19. Follow' -up inspection needed? t ❑ Yes R No Proposed date 20. No. of additional pages of Inspection ReportO-. 21. Copy of Report sent to operator (date) INSPECTED BY: �`S Lf V I NnIck DATE I (I 0 Telephone No. P Sl) White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 State of North Carolina Department of Environment and Natural Resources Washington Regional Office Michael F. Easley, Govemor DIVISION OF LAND RESOURCES LAND QUALITY SECTION October 21, 2003 Mr. Stuart Dudley Dudley Landscaping and Tree Service, Inc. 320 Haven Street Washington, North Carolina 27889 RE: Dudley Landscaping Mine Permit No. 07-46 Beaufort County Drainage Basin: Tar -Pamlico Dear Mr. Dudley: Wllliam G. Ross, Jr,, Secretary 200 Under the provisions of NCGS 74-56 of the Mining Act of 1971, an inspection of your/your firm's referenced mine site was recently performed. A copy of my report is attached. Carefully review the report and note any cited problems or deficiencies. Your cooperation in taking the specific corrective actions and/or recommendations is appreciated. (Note: It is your responsibility to understand and comply with the terms and conditions of your mining permit and the Act.) Please do not hesitate to contact this office if you have any questions concerning the report. Sincerely, wil wo_�, Will Hart Engineering Technician Enclosure: Mine Inspection Report cc: Mr. Floyd R. Williams, PG, CPESC, CPG, CPM, State Mining Specialist 943 Washington Square Mall, Washington, North Carolina 27W9 Telephone 252-946-W1, FAX 252-975-3716 An Equal Opportunity Employeer 5o%recyeleN100k post -consumer paper t.. North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section 00r MINE INSPECTION REPORT (PERMITTED MINE) �r 1. MINE NAMED( �� �,�{rr ��! /r''frf. 2. MINING PERMIT# l� 3. OPERATOR %�: ,r�l(r+i� rya �11._a�..f- 74 �I� Ti � P Sri ul .4 c t ,,71, . COUNTY / 5. ADDRESS G fI t��h 5"!..��� , f�,r„r 7►., II/� ,y 9 k9 4 Jill- CI-IM11'1 DGe_16V 6. PERMIT EXPIRATION DATE Q/Z/11 7. RIVER BASIN 7-r, r 1�«.1, r ra 8. Person(s) contacted at site Ale, nt r nr 5 , n 9. Was mine operating at time of inspection? ❑ Yes O No 10. Pictures? ❑ Yes ©' No 11. Date last inspected: I I 12. Any mining since last inspection? 'K Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ® Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? © Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes ® No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: 18. Is the Annual Reclamation Report +1-map accurate? .m Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes Z No 20. No. of additional pages of Inspection Report 21 INSPECTED BY: (rV 1 ! / Telephone No: (2 5-2) 1/F' qc!q White copy to file Yellow copy to operator Proposed date 1 I Copy of Report sent to operator/(),/ 103 (date) DATE /0 / )" / �:)-3 Pink copy to Mining Specialist 10197