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�1 Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY December 1, 2017 NC DOT - Ferry Division NC DOT - Ferry Division 8550 Shipyard Road Manns Harbor, NC 27953 RE: Mining Permit No. 0747 Bayview Dredge Disposal Area Beaufort County Dear NC DOT - Ferry Division-, ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Direeror 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 $501month late fee and could result in the denial of future permit actions and/or revocation of your mining permit. Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been raised from $500,000 to $1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations remains with you. Thank you for your cooperation in this matter. if you have any questions on the above, please contact Ms. Judy Wehner, Assistant State Mining Specialist, or me at (919) 707-9220. Sincerely, William "Toby" Vinson, Jr., PE, CPM Interim Director, DEMLR Slate of Nor th Carolina I Environmental Quality I Energy, Mineral and Land Resources 512 N. Salisbury Street 11612 Mail Service Center I Raleigh, l,lorth Carolina 27699-1612 919 707 9200 and Natural ResoY r[ment of Envir,n oaeat Division of t�rre3 1-and Resources Land Quality Section P.O. Box 27687 Raleigh, N.C. 27611-7687 1740- 1 C2 ti o� � F TURN SCR1 U �P ,�, s REQUESTED PRO �;� h r M 7ER 1r �846a e 116 MR ROGER A BROOKS STREET WAS"'NGTQN N 27889 C 27ggg j R O fNSUFFrct>=NT �D� I 0 N N�NOT KNOWN " nuF DELIVERABLE AsrREET 13 NTNE19 t1NABLE TO FDRWAj3 A I�DDREBSED f 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 Mr. Lance Winslow NCDOT Ferry Division 8550 Shipyard Road Manns Harbor, North Carolina 27953 RE: Bayview Dredge Spoil Site Mining Permit No. 07-47 Beaufort County Tar -Pamlico River Basin Dear Mr. Winslow: Beverly Eaves Perdue, Governor November 16, 2011 Dee Freeman, Secretary Your application for renewal of the above referenced mining permit has been approved. A copy of the renewed permit is enclosed. The new expiration date is November 16, 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. 3B, 4D, 4E, and 9B. As a reminder, your permitted acreage and affected acreage for this site are both 5.0 acres, as indicated in the application and on the mine map received by the Land Quality Section on September 19, 2011. This represents a slight change in permitted and affected acreage from the previous permit approval, due to better mapping of the site. 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. Sincerely, (24h J. #�Janet S. Boyer, PE _State Mining Specialist Land Quality Section JSB/ar Enclosures cc: Mr. Pat McClain, PE Ms. Shannon Deaton-WRC, wlenclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dlr.enr,state.nc,uslpagesAandqualitysection.html An Equal Opportunity ! Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION 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: North Carolina Department of Transportation -- Ferry Division Bayview Dredge Disposal Area Beaufort County — Permit No. 07-47 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: November 162021 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation, or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, 'and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor' operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at the designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Whenever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until November 16, 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: 1. A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer 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. All buffers shall be maintained as indicated on the mine map received by the Land Quality Section on September 19, 2011. The containment dike shall only be breached to allow access to the dredge disposal material as indicated on said map. C. Any mining activity affecting waters of the State, water of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission, 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. No excavation of the containment dike shall occur except for the removal of the portion of the dike to allow access into the dredge disposal area. C. No excavation shall occur below the existing natural ground elevation. D. No dewatering or discharge shall occur through the spill gate until all necessary approvals from the Division of Water Quality have been obtained. E. Mining activities shall be conducted as indicated on the mine map received by the Land Quality Section on September 19, 2011 and the supplemental information received on March 1, 2011, July 19, 2011 and October 17, 2011. Page 4 5. All interior walls of the containment dikes shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of sedimentation, 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 or right-of-way to protect adjacent property. B. All buffers shall be maintained as indicated on the mine map received by the Land Quality Section on September 19, 2011. 10. A physical barrier consisting of a fence or earthen berm, etc., shall be maintained around the perimeter of any highwall. 11. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of-1971). 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts Page 5 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established. 12. An annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 13. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 14. To ensure reclamation of all affected areas at the site as per the approved Reclamation Plan, the permittee shall adhere to the financial assurance letter dated November 2, 2001 from Mr. Jerry Gaskill, Director of the NCDOT Ferry Division. Compliance with said letter shall be considered acceptable security by the Department pursuant to G.S. 74-54. The total affected land shall not exceed the bonded acreage. 15. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act, " should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved- plan provides: Minimum Standards As Provided By G.S. 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be'completed within two --ye a-rs after' completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to regrade and satisfactorily revegetate any disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for planned future use are as follows: A. All the final perimeter sideslopes shall be graded to a 2 horizontal to 1 vertical or flatter slope. Page 7 B. Any settling ponds or sediment basins shall be backfilled and stabilized. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall. be in accordance with Operating Condition 11A through D. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates February 15 —April 1 April 1 — July 31 August 1 — October 25 Species Kobe Lespedeza Bahiagrass Redtop Winter rye (grain) Common Bermuda Lespedeza (unscarified) German millet October 25 — February 15 Rye (grain — temporary) Soil Amendments Rate. Lbs/Acre 10 50 1 15 50 30 40 120 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 April 5, 2002, is hereby renewed this 16th day of November 2011 pursuant to G.S. 74-52. .�{rt James D. Simons, Director f1 Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources NC GRID NAD 83/NSRS 2007 i Rodgers, Ashley From: Rodgers, Ashley Sent: Monday, October 17, 2011 2:25 PM To: Novak, Gary Subject: FW. Gravel Construction Entrance Drawing Attachments: Grave lConstructionE*ntranceDrawing.pdf Gary, Please print this out for your file (Bayview Dredge Disposal, 07-47). 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: Jones, Brent T Sent: Monday, October 17, 2011 2:22 PM To: Rodgers, Ashley Cc: Winslow, Lancelot D Subject: Gravel Construction Entrance Drawing Ashley I hope this is what you need. If it isn't, I'll keep looking. Regards Brent T. Jones Marine Technician NC DOT Ferry Division 8550 Shipyard Road Manns Harbor, NC 27953 252-473-3461 ext. 253 252-473-1490 fax bt'ones@ncdot.gov db ,...� rl. ----_ . . NORTH C,.AROLINA FERRY SYSTEM 0 F� • 0 Rodgers, Ashley From: Jones, Brent T Sent: Monday, October 17, 2011 2:22 PM To: Rodgers, Ashley Cc: Winslow, Lancelot D Subject: Gravel Construction Entrance Drawing Attachments: Grave lConstruction Entra nceDrawing. pdf Ashley I hope this is what you need. If it isn't, I'll keep looking. Regards Brent T. Jones Marine Technician NC DOT Ferry Division 8550 Shipyard Road Manns Harbor, NC 27953 252-473-3461 ext. 253 252-473-1490 fax bt'ones@ncdot.gov ■�s +II.IN... 1� l'S oRTH: CAROLINA, FERRY SYSTEM 0 0m �v C � > CA C7 ©Q-jCn mz =� -n>>m 200U • � 0 H n �Q z C:3 a C m mz r� H O O Z to �> cn nm -40 O 0 Z� m a� m 1607.01 i a o� F � Q NOTES 00o0_�Z 1. PROVIDE TURNING RADIUS SUFFICIENT TO ACCOMMODATE LARGE ►'--O c 0 co TRUCKS. F¢--: F Z UJ 2. LOCATE ENTRANCES TO PROVIDE FOR UTILIZATION W F LLO -j BY ALL CONSTRUCTION VEHICLES. cc 0 0r'Wn 3. MUST BE MAINTAINED IN A CONDITION WHICH WILL PREVENT TRACKING OR DIRECT FLOW OF MUD ONTO STREETS. QF, PERIODIC TOPDRESSING WITH STONE WILL BE NECESSARY. a 4. ANY MATERIAL TRACKED ONTO THE ROADWAY MUST BE CLEANED UP IMMEDIATELY. 5. LOCATE GRAVEL CONSTRUCTION ENTRANCE AT ALL POINTS OF INGRESS AND EGRESS UNTIL SITE IS STABILIZED. PROVIDE FREQUENT CHECKS OF THE DEVICE AND TIMELY MAINTENANCE. 6. NUMBER AND LOCATION OF CONSTRUCTION ENTRANCES TO W BE DETERMINED BY THE ENGINEER. V 7. USE CLASS 'A' STONE OR OTHER COARSE AGGREGATE APPROVED Z BY THE ENGINEER. 0 cc 8. INSTALL CONSTRUCTION ENTRANCES IN A WAY TO PREVENT VEHICLES LL H FROM BYPASSING CONSTRUCTION ENTRANCE LEAVING PROJECT SITE. o Z z W H co 0 c� CC z � N � O us t� J 0 lu Li> a NOTE: PLACE FILTRATION GEOTEXTILE BENEATH STONE SHEET 1 OF Y 1607.01 0 Rodgers, Ashley From: Rodgers, Ashley Sent: Monday, October 17, 2011 11:42 AM To: Winslow, Lancelot D Subject: Bayview Dredge Disposal (07-47) Lance, I looked at this mine renewal application this morning. Could you please send me (via email) a detail for your construction entrance/exit? If you do that, I will go ahead and draft up the renewal. I plan on reviewing Cherry Branch this afternoon and will let you know if I need anything additional for it. Thanks, Ashley Rodgers Assistant State Mining Specialist NCDE=NR 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. 0 0 0 0 Rodgers, Ashley From: Novak, Gary Sent: Monday, October 10, 2011212 PM To: Rodgers, Ashley Cc: Mcclain, Pat Subject: DOT Ferry Branch and Bayview dredge disposal Attachments: Gary A Novak.vcf Ashley, do not have any comments to add to the above renewals. Call me if you have any questions. Gaty A. Novak FiC Department rf 1=r ironment and Nat�iral Re.,. Environment«i 5eniv Specialist 4at'th Ca�'olina Deptartmen t of Er-oronment S.... .3'd':c5j'inTLl :CJdiEMait j V.ieshington, North CAr'oiina 27389 E-mai! correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties 1 0 0 -7-7 0 0 MINING CHECKLIST FOR ROUTING FMJM Sim: vhc./Pmdt,ND.: "I A may; A& 3tjelrTfVa i RJw UsIn NMI: 11 New RM91 0 maptle (W* ycmtt 6mma) 0 md$atim (ouWkyemit bounkria) 0 Tr�ff El Re6w 0 Partial RfkW P-`-AMUCRAl i0mmUm El Frx Na,"- $ 0 For RmtwL- Phew route tWm mhcdim jvg&me to: ROWW Cfa (2 MqW "; attach & 'DZS RqO Ofta My AyyhCdJa ReVkW checkkit. to one CO)VY and aflach both tau DWQ-W DA(Z!AtWV VMN RCVW POW to the 60W COYT, scud both " is & Repw EOW) Ddg: RAW RfCd 11 DJVW0 of Wdff RMUNU We: ROW Reed 0 NC WdAlVi RZMMU Con&da DAk. ROW ReCd E us ni & wW sema Daft: Redd Red (Only new Theawn and mad edlan re" that di kd to the yerwit) Please We fiat 3 vacs of the apbutim and av 6m mm fa: 11 I)Msfm of Pants & wargum Dgk. PjUtd RWd 11 NC GeolVical Survey SecOm Date: ROW Rad 11 I)ftft of Mama FIS66a D,*- ROW Rfrd 11 MOM of Soil & Wgttr COMMUM (yhU LEA) DAk: Rftdd Rad (o* new qykdim and modw mpt& Ag add W to &Fwt) El Dkft of Ankm & HWWy (only new *rem) D 06mr. Date: ROW Red Date. RNW Red **SHS�M Date fir Comments: (w later " 2s days from recc, t) E rkow Ott t6ftumv. 0�l�� i 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 August 16, 2011 Certified Mail Return Recei-t_Reguested 7008 1300 0000 1125 6040 Mr. Lance Winslow NCDOT Ferry Division 8550 Shipyard Road Manns Harbor, North Carolina 27953 RE: Bayview Dredge Spoil Site Mining Permit No. 07-47 Beaufort County Tar -Pamlico River Basin Dear Mr. Winslow: Beverly Eaves Perdue, Governor Dee Freeman, Secretary We have reviewed the renewal request you submitted for the above referenced mine site. However, the following information is needed to continue processing your application: 1. Revise the mine map to clearly label the permit boundary. Include the 30 foot access/easement within the permit boundary until its intersection with the state maintained NC Hwy 99. 2. Revise the mine map to show the gravel construction entrance as required by Operating Condition No. 4B of the existing permit. Provide a construction detail for this gravel entrance/exit. 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 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919.733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.d[r.enr,state,nc,us/pages/fandqualitysection.html An Equal Opportunity ! Affirmative Action Employer — 50% Recycled / 10% Post Consumer Paper t ■ 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 rack of the malipiece `or on the front it space permits. 1. ArWe Addressed to: MR LANCE WINSLOW NCDOT FERRY DIVISION 8550 SHIPYARD ROAD MANNS HARBOR NC 27953 A.6 store i ❑ ggern © Addre 13- ived y (Printed tvamq g � fJ 4 Is delivery address different from rem 1? El Yes If YES, enter dellvery address below. © No 3, service Type Certified Mail Cl Express Mail ❑ Reglstared �Return Recelpt for Merchandise O Insured Mall / © C.O.D. 4. Restricted Delivery? (Extra Fee) [3Yes 2. Artlde Number (Pansfer from swce tabet) _7 0 0 8 1300 0000 1125 1,11411 PS Form 3811, Februa 2004 p _- rY � Domestic Retum Recel t �'-�,� // 4X 1 a2695.0� 2-M�-isdp Certified Mail Mr. Winslow Page Two 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, ` )A 'v *Ae Ashley L. Rodgers Assistant State Mining Specialist Land Quality Section cc: Mr. Pat McClain, P.E. 0 • MINING CHECKLIST FOR ROUTING Ayyk4nt'S NMC. A IiC.�F Na �[ Cati - Daft R atnk Rgvkwcr. ' R1vCr Basin Nme.. ❑ New f Rmw9l ❑ mAfimbm (ms&yermit karrrrdariu) ❑ Madtfftg#tari (ouisfdeyrermit brmidarks) ❑ Trgrrsfir ❑ Release ❑ Partial Release Q Additional ixfo►nraf€ax ❑ Pet NOC&L' $ ❑ Fee Radva. #- Fkat mte Caere ffl dfan paiA e to: < 'r • Re IMW Offia (2 m?kte topics, attack the 'LOS Rt 01W offla ,M1106 Ap hUf M Revkw Chetkk t" to oxe Copy and attach both ike DWQ4 DAQ"Mt{ M Applied Mn Review FOrm" to the Other top3; send both toptes to tke Rooxal Ewnw) Data: Ranted _. �r ; Reed ❑ Dfvistoa of water Rtsourtra Date: ROW Rtc'd ❑ xc Wfldlffe Resources Comma Data: Ranted Rtc'd ❑ US Fish do Wfidlifa Service Date: RMW Rtr'd (only Vw gyhcattans and maliftcg m requests that add w to t4yerwo Please route terse s rages of tke arrkgUarr geed am la AUM erns to: ❑ DiMf t o Parks A Recreation Date: Ranted Reed ❑ NC Geolo6W Survey Sedim Date: Ranted Reed ❑ Dtvistar[ of Marten Fishcrfes Daft: Ranted Reed ❑ Dfvtsfan of Sod A Water ConscMAM (plus MA) Date: ROW Read (oldy WN applicatinas wd nmaoda reff& that add lmrd to the permit? ❑ Divf O of Archives & N" (0* aw apykdfm) ❑ Ap Date: Ranted Red Dgte: Routed Reed rtct **Sus�reW DAIe fOt CO1fi11i�fitS: ? {era later ilraro 2-5dapfmm �rt) ❑ Please note tkefib".- ".- v� 9 APPLICATION FOR A MINIAERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds Stockpiles Wastepiles Processing Area/Haul Roads 0.138 acres Mine Excavation 4.862 acres Other (Explain) Total Disturbed Acreage 5.0 acres NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED CQQMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. RECEIVED LAND OLIA _ITY MINING, PROGRAM -5- C #1FILL GATE DET/01- CfIANNEL RECEIVED LAND (DUALITY MINING PROGRAM I ti/ I V 1 I Y V i11 1-LJI h1A,- (2) 911 WIDE ffLAT BANDS w/ GAS KF-TS 9G° DIA 10 GA I 911 UD .J l_J LI L,/ L.)JTTOM SIDE VIEW 5CAI_f.: 3/}° = I I-O" 0 0 • North Carolina Beverly Eaves Perdue, Govemor MEMORANDUM RCDENK Department of Environment and Division of Water Resources Thomas A. Reeder, Director April 5, 2011 TO: Ms. Ashley Rodgers Land Quality Section FROM: Gabrielle Cooper OF-, Ground Water Management Section Division of Water Resources SUBJECT: Comments on the Mining Permit Renewal Request for: NCDOT Ferry Division Bayview Dredge Disposal Area Beaufort County Natural Resources Dee Freeman, Secretary APR J Please find attached a copy of the mining permit renewal request for the above referenced project. The Bayview Dredge Disposal Area located in Beaufort County does not appear to have an unduly adverse effect on ground water supplies since there is no dewatering proposed on site. However, if the facility starts to withdraw 10,000 gpd to 100,000 gpd of water, they will need to resister their water withdrawals and if this facility 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.newater.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 27699-161 1. 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 One Phone: 919-733-40641 FAX: 919-733-35581 Internet: www,ncwater.org NOI ihCaTO ina An Equal Opportunity ! Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper Naturall# J 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 March 2, 2011 - TO: Mr. Nat Wilson Habitat Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for NC DOT Ferry Division Bayview Dredge Disposal Area Beaufort County Resources 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 March 25, 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 WR poll 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 A 7A 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 March 29, 2011 Certified Mail Return Receipt, Requested 7008 1300 0000 1125 5104 Mr. Lance Winslow NCDOT Ferry Division 8550 Shipyard Road Manns Harbor, North Carolina 27953 RE: Bayview Dredge Spoil Site Mining Permit No. 07-47 Beaufort County Tar -Pamlico River Basin Dear Mr. Winslow: Beverly Eaves Perdue, Governor Dee Freeman, Secretary We have reviewed the renewal request you submitted for the above referenced mine site. However, the following information is needed to continue processing your application: 1. Revise the mine map to show all residential structures within 300 feet of and utilities that are adjacent to the spoil site. 2. Provide a detail for the spill gate shown on the mine map. 3. Revise the mine map to clearly label the permit boundary. Include the 30 foot access/easement within the permit boundary until its intersection with the state maintained NC Hwy 99. 4. Revise the mine map to show the gravel construction entrance as required by Operating Condition No. 413 of the existing permit. Provide a construction detail for this gravel entrance/exit. 5. Revise the mine map to label the 30 foot buffer zone as a 30 foot unexcavated buffer zone. 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 - Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www,d[r.enr.state.nc.us/pages/landqualitysection.htmI An Equal Opportunity ! Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper 11 • n 4 ■ Complete items f, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ■ mint 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 LANCE WINSLOW NCDOT FERRY DIVISION 8550 SHIPYARD ROD MANNS HARBOR NC 27953 A. © Agent © Addre B. Received by (Arinted Name) D. Is dferentfrom item 1? A'Yes ' tive wdress below: ❑ No VIP s. POR;eg ❑ raeaMaltistenad etum Receipt far Men;handlse © sun3d Mall C.O.D. 4. Restricted Delivery? (Exits Fee) 0 Yes 2. Artcle Number (Transfer from service labeq 7008 1300 0000 1125 5104 PS Form 3811, February 2004 U . �� Domestic Rewm Receipt y� 01 ��r / AP, tp259y4M.WF,%a • C� Certified Mail Mr. Winslow Page Two In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, N. C. 27699-1612 As required by 15A NCAG 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, Ashley L. Rodgers Assistant State Mining Specialist Land Quality Section cc: Mr. Pat McClain, P.E. 9 0 Rodgers, Ashley From: Novak, Gary Sent: Friday, March 25, 2011 9:27 AM To: Rodgers, Ashley Cc: Mcclain, Pat; Ward, Allison Subject: NCDOT Bayview Dredge Disposal, P#07-47-Renewal Attachments: Gary A Novak.vcf Ashley, Please see comments for the above permit renewal below: the borrow/disposal area was field reviewed on March 23, 2011. A 30 foot easement is shown as access. Suggest a permanent haul road be included inside the permit w boundary. 7 C-:V vU. ij� Uu • Map should show all of the residential structures and utilities that are adjacent to the dredge pit. +.' A spill gate detail was not attached to the application. Provide a detail. • '` A vicinity map was not provided with the application ��,bfh4 t c u,) N— r V 1 -(' lr . Please call me if you have any questions, Katy A. 14ovak L' oa!- meet Of .''j onrien, . 'C E!Ivirlortner,tcl Senior Speoa3 SI 252-940-5 EX�. 3-HO. ar U C?.rw iin�s etz. �' rr �?t of E vironment .i 9-3 sQllErre N!al 27839 D..C4�1 Oro)),ri bt'.L'�kOcv- �inczuat QC U- �- As ter) .a . ol, t,�-ry X ca . i 0 v 4Yy--,P`i(Le nV) cxt dU4.��. j S'�i• i 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 9 0 0 Rodgers, Ashley From: Dumpor, Samir Sent: Thursday, March 17, 2011 2:42 PM To: Rodgers, Ashley Cc: Novak, Gary; Edgerton, Thom; Jones, Jennifer Subject: Bayview Dredge Disposal Site #07-47 review sheet Attachments: 07-47 DLR -Water Quality Review Sheet 2010,doc Ashley, Please find attached a review sheet for this mine site. DWQ does not have any issues with renewal of this LQ permit. Please feel free to contact me if you have any questions. Thanks Samir 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 boot: with my new email address Samir.Dumpor(incdenr.gov ,!7 "Please consider the environment before printing this a -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. 0 0 It Pr.iW this farm to PDF Return POF of this fon*LR CO by email. cc DLR RO and DWQ 5PU MINING PER IT APPLICATION REVIEW FORM for the DIVISION OF WATER QUALITY U UU E UY Project Name: Bayview Dredge Disposal Area DLR Permit #: 07-47 County: Beaufort Address: email: lwinslow ncdot. w Mail address: NCDOT Ferry Division 8550 Shipyard Road Manns Harbor NC 27953 YES NO Date Commencing Is this mine a new mine? r r 415/02 Have land disturbing activities started? Date? r 4/5102 Latitude:35.4288 Longitude:-76.7406 Please return comments to (at DLR CO): Ashley Rodgers � Comments due by:: SECTION BELOW TO BE FILLED OUT BY DWQ: Is the RO concerned that the operation, as proposed, would violate standards of water quality? No Comments: No issues with renewal Watershed/Stream Name & Classification: Tar/Pam - Pamlico River - "SB, NSW" - 2945) DWQ Compliance Status of Mine: Compliant YES NO NPDES permit required? r NPDES permit existing? F (Permit # ) r If an NPDES permit is not required, is DWQ still concerned about wetland degradation r r by dewatering? Should permittee contact DWQ RO immediately? (e.g. to schedule a site visit if r RO Contact Name: r mine has already begun digging or is Contact Reason: dewatering without DWQ permit) 401 Wetland Cert. required? r r 401 Wetland Cert. existing? r Permit # r Does DWQ RO currently have enough information to determine if a 401 r r certification is required?, Rev September 2010 'A Pnrtt this form to PDF 0 Retum PDF of this fo*LR CO by email. cc DLR RO and DWQ SPU YES NO Are wetlands disturbed at this site? r Does DWQ RO suspect or know of nearby r wetlands to the site? Is a wetland delineation required prior to r By: f- JD or 7, Consultant P DWQ issuing the permit? r -Onsite? Or r �Offsite? Stream Determination Needed? Stream Determination Completed? Does DWQ RO need a statement that no wetlands/streams are disturbed r 1✓ for this project from applicant? Buffer Determination Needed? r Buffer Determination Completed? Recycle system permit existing?* Permit # New Recycle System permit required?* Enough information to determine? Non -discharge permit existing?* r Permit # � Will wastewaters discharge to HQW waters r 7Q10 Unknown (permittee determine); r with a 7010=0? ** Flow: r Has Violation Does DWQ require DLR to hold the permit 1 ' O&M Requirements r ° HQW17Q10 Concerns (e.g. so DWQ can revlew: it further or r Other. Reason: Io because DWQ requires more information)? RO contact: r E Hold Until: Mine must wait to dewater until an O&M r plan is approved? *The NPDES SW and WW ermit NCG020000 covers closed -loop recycle systems, desi ned to exclude all stomawater run-off from the system and operate at or below two -feet of freeboard. Theses stems maybe germittedby a Non -discharge Recycle System. Permit from the A uifer Protection Section APS OR may instead be pennitted underNCGO20000 to eliminate an additional permit. Recycle s stems that do not meet those criteria are considered dischaMLng s stems and are sub'ect to the NCGO20000 discha e permit. **To obtain 7Q 10 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. Pemnittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for more information on obtaining a 7Q10 flow. USG will not determine a 7Q10 flow for tidally influenced water bodies. Reviewed by: DWQ RO Surface Water: Samir Dumpor Regional Office: WaRO Date: 03/17/2011 RO Aquifer Protection Section: Regional Office: Date: SPU DWQ Central Office Reviewer (if applicable): Rev September 2010 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D, Simons, P.G., RE, Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary March 2, 2011 MEMORANDUM TO: Ms. Maria Tripp Habitat Conservation Program Coordinator Wildlife Resources Commission c Mii,,t FROM: Brenda M. HairrigSajA) Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for NC DOT Ferry Division Bayview Dredge Disposal Area Beaufort County 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 March 25, 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. �Ao ey—, -A� . 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 0 0 MINING CHECKLIST FOR ROUTING A�rlic�nt's NAMIe: .� �. f _A� l� d��� ��i 6 i �.�i ��,�i`.�"�%Y� ��iGb lYi�i: �.1-�,-' i �'�5 eta �,� ��°S'� f � �re �� i .> �✓ . _�, i , i Afrlle./Pemrtt No.: L,°) - L1 ! coulqt ti f a ; D& RICt vd. -�5 �L 1, _ f Re*We1 I ! _k �� ' r 3 h i.Ir t y .RlW NM: ; } A C�'� ❑ New [ Remwid ❑ ModtfkAm (k de yenntt 6wdo les) ❑ Madt f Stan (ouksWr,ycmttt �) ❑ grans fcr ❑ Rcl�au ❑ Parthd Release ❑ Addtttanal I*rMAttalr ❑ Fee Needed: $ Fee Received: $ `�� vvf �� (, FleaSG Wecafirr Ifeation a t0: 1� Gj r hi .. t �. � , Re�tanaI O 1 (z comylete caytcs; attach the *,qS Rt�tenal o�ia Mt" A)yh atian Rt9tew chccklw to one copy and attach both thc(�4�Ad AC,Ml" AyyltcattM RCVteW FOW to the other copy; send bath caykS to OW R�PW Date: ROW Rica _ DMttolt of water RGfal O Dais: ROW Reed " NC wtldl Resourres CAVWZIM Date: Radcd Reed 7 ❑ ur Ptsh & wtldltfe service Daft: Round Reed (only new ayplos and n 4kdtan requests Hurt add load to the ymdtt) please route first 3 fir of the rlfmum add M kmm mars to: ❑ Division of Parks & RecmaUm Date: ROW Reed ❑ Nc cealoo survey sedan Date: Routed Read ❑ Divift of Maft Fiskerfts Date: ROW Reed ❑ Dtvwm of soil & water canservattm (plus LEA) Date: RMW RWd (or(y ntw ayyh aum and modtffedtoa requests that add 1W to theyernrtt) ❑ Dtvf O ° Arckws & History (vnly new ay�tcatfans) Date: RMW Reed ❑ other. Date: Ranted Reed *susyeW Datefnr Commend _ ' J (no iaicr than zs ATftm arty ❑ Please wte the follor V: 1 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 March 2, 2011 MEMORANDUM TO: Ms. Maria Tripp Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harrigz�:� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for NC DOT Ferry Division Bayview Dredge Disposal Area 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 March 25, 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 rioted 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. lbmh 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 9 0 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 March 2, 2011 MEMORANDUM TO: Mr. Nat Wilson Habitat Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for NC DOT Ferry Division Bayview Dredge Disposal Area 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 March 25, 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 MAWS 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 0 0 • w Rodgers, Ashley From: Rodgers, Ashley Sent: Tuesday, March 01, 2011 3:40 PM To: Dumpor, Samir Cc: Mcclain, Pat; Novak, Gary Subject: 07-47 DLR -Water Quality Review Sheet 2010 Attachments: 07-47 DLR - Water Quality Review Sheet 2010.doc Samir, Attached is a review form for the renewal of DDT's Bayview Dredge Disposal Area in Beaufort County. Let me know if you have any questions. Thanks, Ashley Print this form to PDF Return PDF of this form &R CO by email. cc MR RO and DWQ SPU y MINING PER IT APPLICATION REVIEW FORM for the DIVISION OF WATER QUALITY Project Name: Bayview Dredge Disaosal Area DLR Permit #: 07-47 County: Beaufort Address: email: Iwinslow ncdot. ov• Mail address: NCDOT Ferry Division 8550 Shi yard Road Manns Harbor NC 27953 YES NO Date Commencing Is this mine a new mine? JV k 415102 Have land disturbing activities started? Date? '' 415102 Latitude:35.4288 Longitude:-76.7406 Please return comments to (at DLR CO): Ashley Rodgers Comments due by: 3125111 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? 3 NPDES permit existing? (Permit # ) 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 i RO Contact Name: mine has already begun digging or is Contact Reason: dewatering without DWQ permit) 401 Wetland Cert. required? 401 Wetland Cert. existing? Permit #_�� Does DWQ RO currently have enough information to determine if a 401 _ 3 certification Is required? Rev September 2010 0 • Print this form to POF . Return PDF of this form 0R 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 wetlands to the site? #s a wetland delineation required prior to By: ' �JD or Consultant DWQ issuing the permit? Onsite? Or Offsite? Stream Determination Needed? Stream Determination Completed? Does DWQ RO need a statement that no wetlandsistreams are disturbed for this project from applicant? Buffer Determination Needed? Buffer Determination Completed? Recycle system permit existing?* Permit # New Recycle System permit required?* Enough information to determine? Non -discharge permit existing?* ' Permit # Will wastewaters discharge to HOW waters 7Q10 Unknown (permittee determine): ` with a 7Q10=0? ** Flow: Has Violation Does DWQ require DLR to -hold the permit O&M Requirements (e.g. so DWQ can review It further or HQW/7Q1 0` Concerns because DWQ requires more information)? Other. Reason: RO contact: !� Hold Until: EMine must wait to dewater until an O&M - plan is approved? "The IMES SW and WW ennit NCG020000 covers closed-loo recycle systems, designed to exclude all stormwater run-off from the system and operate at or below two -feet of freeboard. Theses stems maybe permittedbya Non-discharae Rec cle System Permit from the Aquifer Protection Section LAPS), OR may instead be permitted under NCG020000 to eliminate an addition! emut. Recycle systems that do not meet those criteria are considered discharginrr systems, and are subiect to the NCG020000 discharae permit. "*To obtain 7Q 10 flows, permittees must contact the DWQ Stornwater 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 7Q10 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 • • br)�i KiX/ (t4AjV'/'d on; ciz- STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDUE EUGENE A. CONTI, JR. GOVERNOR SECRETARY February 11, 2011 Mrs. Janet Boyer North Carolina Division of Land Resources Land Quality Section Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 iA Dear Mrs. Boyer, The North Carolina Department of Transportation Ferry Division is requesting a renewal of the Bayview Dredge Disposal Area with the Mining Permit # 0747 for an additional ten (10) years. The WBS # to be used to cover the permit renewal cost is 16.71044. 1 have included one (1) original and (4) copies of the application, site map, and cross sections. There are no changes proposed with this renewal. This site is used for the disposal of dredge spoil when dredging the Bayview approach channel and Ferry Basin. Sand is needed to be removed on occasion to make room for additional spoil disposal when the need arrives. The site provides a self-contained area for the spoil inside the vegetated berm. When spoil is removed, any portion of the berm that was disturbed will be reconstructed back to its original dimensions and stabilized with silt fence, seeding, and mulching to appropriate levels. if you have any questions or need additional information, please give me a call (252-473-3461) or email me Ql nslownncdot.gav_) at your convenience. Thank You for your attention to this matter. Lance Winslow X-," V Environmental Supervisor N. C. Ferry Division 8550 Shipyard Road Manns Harbor, NC 27953 9 0 0 • 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: January 30, 2008 0 • • • 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 0 MINING PERMIT APPLICATION REVIEW PROCESS FLOWCHART BEGINNING OF PROCESS I Application received by Land Quality Section/ State Mining Specialist Application assigned to Assistant State Mining Specialist Assistant State Mining Specialist/Program Secretary 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 �........ •..................... 0--00 Review Public Comments; Public Hearing Possible .....• 0....... 0...... 0.............� 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 *) 0 Dn & proposed permit action 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/Cancellations - Permit Releases - Inactive Renewals - High Airblast Remediation Plans - Non -controversial New Permits - Non -controversial Renewals - Small, Non -controversial Modifications 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 END OF PROCESS (go to *) 0 0 APPLICATION FOR A MININRERNIIT C� NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Bayview Dredge Spoil Site County Beaufort River Basin Tar -Pamlico Latitude (decimal degrees to four places) 35.4300 Longitude (decimal degrees to four places) 76.7380 2. Name of Applicant* _ NCDOT Ferry Division 3. Permanent address for receipt of official mail** 8550 Shipyard Road Manus Harbor NC 27953 Telephone (252 ) 473-3461 Alternate No. 4. Mine Office Address_ NCDDT Ferry Division Pamlico River Fend+ Operations Telephone ( 252 )964-4521 5. Mine Manager Lance Winslow We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature Date EN Print Name L e-.. VibjbW Title hy�tnfit �.c�r - * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond "se that corresponds to this site. * * The Land Quality Section must be notified of any changes in the permanent address or telephone number. * * * Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a pennit 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- C w APPLICATION FOR A MINIAERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for MF ended 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: ® If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered y Me existing permit: Mining Permit No.: 07-47 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon). 5.485 ❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage cover y the existing permit. Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes ❑ No ❑. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes ❑ No M. If yes, indicate the additional acreage to be covered by this modification: . (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.. disturbed, ground cover removed) by the mining operation? Yes ❑ No ❑ (If no, a "minor modification" fee of $100,00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ❑ If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered y the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand 3. Mining method: HHydraulic Dredge Front-end Loader & Truck ❑ Shovel & Truck Dragline & Truck ® Self -loading Scraper Other (explain): 4. a. Expected maximum depth of mine (feet) -3 Feet Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Natural Ground Level b. Expected average depth of mine (feet) -3 Feet -2- APPLICATION FOR A NW-0NOERMIT • 5. Has any area(s) at this site been mined in the past? Yes ® No ❑ 1f yes, when and by whom was this activity conducted? 2006 NCDOT 6. Number of years for which the permit is requested (10 years maximum): 10 Years B. MAPS 1. Clearly mark and label the location of your mining operation on sup 66 Mies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Marl Service Center OR 512 North Salisbury Street, 5 h Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 www. Leo l o ay. 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.orv,/it/gisContact/defaLilt.liti-nl 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, g1A minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f Outline and acreage of all stockpile areas. gg Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants {processing plants may be described as to location and ffi distance from mine if suciently 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 Manned 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- • 0 APPLICATION FOR A MMINNVOERNIIT • 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 adj oining 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 loining these tracts, that are within 1,000 feet of the mining permit boundary, must be providon 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: PERMITTED ACREAGE MAP SCALE 0-49 Acres 1 inch = 50 feet 50-199 Acres 1 inch = 100 feet 200+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4. APPLICATION FOR A MINUSERMIT 0 A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds Stockpiles Wastepiles Processing Area/Haul Roads 0.138 acres Mine Excavation 3.44 acres Other (Explain) Total Disturbed Acreage 3.578 acres NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTION&STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WELL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- APPLICATION FOR A MININRERMIT 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. Any unsuitable material will be pushed and incorporated into the existing berm to allow easy access to sand. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine maps) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. Excavation will be conducted inside vegetated earthen berms. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes No Z. If yes, briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes ❑ No Z. dyes, briefly describe the nature afthe discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). -6- • 0 APPLICATION FOR A MEWNRERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes ❑ No ®. If yes, do you intend to dewater the excavation(s)? Yes ❑ No F. 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 maps) that lie within 500_feet of tthe 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 appro nate water quality permtt(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water QualFty Section. In addition, the applicants 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. NIA 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No ®. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? Limited hauling expected, no dust control expected. 0 i APPLICATION FOR A NIININRERMIT • 5. a. A buffer will be required between any mining activity and any minin 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 undistur d 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). Buffers are already established. All excavation will take place inside vegetated earthen berms. 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). 330' to the nearest wetlands and 500' to the Pamlico River. 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. All work will be carried out inside the vegetated berm in the contained spoil site. The berm will have at a minimum a 2:1 slope or flatter. -$. • 9 APPLICATION FOR A MININRERMIT 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. a In excavation(s) of unconsolidated (non -rock) materials, s cify the angle of all cut slopes including specifications or benching and sloping. Cross -sections al cut slopes must be provided on the mine map(s). Berm slopes will have a 2:1 or flatter slope. d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross -sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. N/A Describe other methods to be taken during =al to revent physical hazard to any neighboring dwellinghouse, public road, public, commercial or building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. There no hazards to other property. 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). Earthen berms will be used as barricades. A chain -link fence will be installed if funding becomes available. -9- 0 0 APPLICATION FOR A MINUPERMIT 9. Are acid producing minerals or soils present? Yes ❑ No Z. If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans (including a schedule of implementation) for screen:iq the operation from public view such as maintainin or planting trees, bushes or other vegetation, building berms or other measures. Show the location ojall visual screening on the mine maps) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. Existing vegetated earthen berm. b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? No. 11. Will explosives be used? Yes ❑ No Z. If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structures) to the proposed excavation(v) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ❑ No ®. Ifyes, describe these materials, how they will be stored and method of containment in case ofspill. Indicate the location(s) of all storage facilities on the mine map(v). -10- APPLICATION FOR A MIN HERMIT D. RECLAMATION PLAN l . Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of allpermanent channels must be indicated on the reclamation map. The spoil will be stored inside the berm walls. Upon the need to remove any spoil, all work will be completed inside the vegetated berm walls. This will allow for additional dredge spoil to be deposited inside the berm to open the channel for the ferries. All spoil deposited will be contained inside the vegetated berm walls. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ❑ No Z. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross -sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes ❑ No ❑. If yes, specify species. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left, Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. Vegetated earthen berms will be onsite. A chain -link fence will be installed if funds become available. APPLICATION FOR A MIlNP*ERMIT • 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. Any spoil considered suitable overburden will be incorporated into the berm walls for continued dredge spoil containment. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. There will not be any processing or stockpile areas. All spoil will be inside berm walls. On -site roadways will remain to provide access to spoil site. b. Will any on -site roadways be left as part of the reclamation? Yes ® No ❑. ff yes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. Roadway will provide access to spoil site. 6. Describe the method of control of contaminants and disposal of scrap metal, gunk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.) No off -site enerat� to shall be disposed of on the mine site without prior written approval from the NC artment of Environment and Natural Resources, Land Quahty Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permirt as 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 oJitems to be disposed in said areas. There will not beany scrap metal, junk machinery, or contaminants left at the site as a result of this operation. All machinery and any scrap that has been generated will be removed when the dredging operation is completed. -12- • 0 APPLICATION FOR A MINIIPPERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): This will be determined by soil tests at the time of seeding or 2000 Ibs/acre. FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): 1000 lbs/acre of 10-10-10 or determined by soil test SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding Dates: Seedlne Rates: Kobe Lespedeza Feb. 15 —April 1 10 Bahiagrass 50 Redtop 01 Winter Rye 15 Common Bermuda April I — July 31 50 Lespedeza (unscarified) August 1 — October 25 30 German Millet 40 Rye (grain -temporary) October 25 —Feb. 15 120 MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: Small grain straw at a rate of 2000 lbs/acre and anchored appropriately. OTHER VEGETATIVE COVERS — TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation d/or reforestation plan approved by: Signature 746POOe eF5WQ Date Print Name t Title FIF Agency G - 13 - APPLICATION FOR A MINAPERNIIT 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 gepartment $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the to be affected during the 1 ife of the mining permit. Please insert the approximate acreage. for each aspect o the minin operation. that ou intend to affect duringthe life o this miningpermitin addition lease insert the a ro riate reclamation cost/acre for each c—q—tegor om the Sche ule of Reclamation Costs rovided with this applicationform) O you can defer to the De artment to calculate our bond or ou based upon your maps_an standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. _ $ Stockpiles: Ac. X $ /Ac. — $ Wastepiles: Ac. X $ /Ac. _ $ Processing Area/Haul Roads: 0.138 Ac. X $ 1500 IAc. _ $ 207.00 Mine Excavation: 4.8 Ac. X $ 2500.00 IAc. _ $ 12000.0Q Other: Ac. X $ IAc. — $ TOTAL AFFECTED AC.: 4.938 Ac. (TOTAL PERMITTED AC.: Ac.) Temporary & Permaneat_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 4.938 Ac. b) Positive Drainage Ac. X $1,500.00 = $ 7407.00 SUBTOTAL COST: S 7407.00 Inflation Factor: 0.02 X SUBTOTAL COST: $ 7407.00 X Permit Life (1 to 10 years): _ 1481.40 INFLATION COST: $ 1481.40 TOTAL COST = SUBTOTAL COST + INFLATION COST = S 8900,00 Total Reclamation Bond Cost: $ 8900.00 (round down to the nearest $100.00) -14- • 0 APPLICATION FOR A NIINIPERMIT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: Signature: Print Name: NG D oT_ (Title, if applicable) Company Ferri ���srah (If applicable) Address: -Q r rhad Telephone: (A5a ) 913- 3 441,,,,,.. Date Signed: 2 - J- APPLICANT: Print Name• L A h c-e ".510 w/ Title: h f-er �5D r Company: G 0Fein,- r l SI o Mine Name: -4 ly Pe S ` Telephone: (04. d . � ? 3 — 3 %L --- Date Signed: a -) f - I I *Signature must be the same as the individual who signed Page 1 of this application. or mone i Sent to tKe form. NSMSE ree ksee next page for tee schedule) in the form a check apartment of Environment and Natural Resources must be at the address fisted 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)7334574. -18- '� �� r yt , APPLICATION FOR A MINING ORMIT MINING FEE SCHEDULE A nonrefundable permit application processing fee when filing for a new mining permit, a major permit modification or a renewal permit is required as follows: 0-25 acres 26+acres New Permit Applications $3,750.00 $5,000.00 Permit Modifications $750.00 $1,000.00 Permit Renewals $750.00 $1,000.00 Transfers/Minor Modifications* $100.00 $100.00 " A nonrefundable $100.00 permit application processing fee Is required for minor permit modifkations. Minor permit modifications include ownership trauslem name chsages, bond substitutions and permit renewals where the mine is Inactive and fully stabilized. A minor permit modification also includes lands added to a permitted area, outside of the minimum permit buffer zone requirements, where no plans for mining related disturbance of the added lands have been approved. Ali other changes are considered major permit moditicstians. 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- i APPLICATION FOR A MINING T 0 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 Office • Counties: Alexander, Cabarrus, Catawba, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly, Union • Address: 610 East Center Ave., Suite 301, Mooresville, NC 28115 • Voice:704.663.1699 • FAX:704.663.6040 Raleigh Regional Office • Counties: Chatham, Durham, Edgecombe, Franklin, Granville, Halifax, Johnston, Lee, Nash, Northampton, Orange, Person, Vance, Wake, Warren, Wilson • Address: 1628 Mail Service Center, Raleigh, NC 27699-1628 or 3800 Barrett Drive, Raleigh, NC 27609 • Voice:919.791.4200 • FAX:919.571.4718 Washington Regional Office • Counties: Beaufort, Bertie, Camden, Chowan, Craven, Currituck, Daze, 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 JkNHT • LAND QUALITY REGIONAL OFFICES (continued) Wilmington Regional Office • Counties: Brunswick, Carteret, Columbus, Duplin, New Hanover, Onslow, Pender • Address: 127 Cardinal Drive Extension, Wilmington, NC 28405 • Voice:910.796.7215 • FAX:910.350.2018 Winston-Salem Regional Office • Counties: Alamance, Alleghany, Ashe, Caswell, Davidson, Davie, Forsyth, Guilford, Rockingham, Randolph, Stokes, Surry, Watauga, Wilkes, Yadkin • Address: 585 Waughtown Street, Winston-Salem, NC 27107 • Voice:336.771.5000 • FAX:336.771.4631 -21- APPLICATION FOR A MINING#RMIT 11 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 Tyne T/S Ponds Smiles Wailes 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 PER NCAC 15A 5B4O003, 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 CONTRACTQffL SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 276"-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM: • FINAL GRADING COSTS PER ACRE • LIME AND FERTILIZER COSTS PER ACRE • YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) • MULCH AND ANCHORING COSTS PER ACRE • ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. -22- o � C 3� Q.p lot) SECT OM A —A �7-7 �f416 A' i y // HAuI- L RV 0o SEGTt00 SECTior C-C ee vrsed I - S- I l NOTE ; -NOT To SCALE AL. _ E EV T+ON S !? E !fir P4o)cl mA-TE. s � THOMAS C. HAGEN, ET UX DB 1538 PG 773 J. THOMAS C. HAGEN,ET r; DB 1667U G 481 i T j i g ,ROGER r/ B 1189 PG 787 EDWARD W. RU� r j. _...�..�_.._..�..�ys,;o.,..+rt•,.f„�.,::.: mac: JOHN E. �/ LOGELFO PG 1630 r� p r I 589 _ STEVE WEINBERG ao o :::= DB 1001� DB 943 PG 562 PG 232 05 Ep -� cn -L 00 Z _ JACK A. MASON DB 944 PG 111 JACK A. MASON DB 873 PG 363 DB G 282 E ✓' AV BOBBY V. DAVIS, ET UX��/x HARRY F. PAUL DB 703 PG 279 DB 1016 PG 566 ET AL r- DB 174 414 f 77 NC GRID NAD 83/NSRS 2007 JACK A. MASON DB 873 PG 363 _ f+ _. E ._'EEl _in JANET HARRY F. PAUL = BURBAGE HARRY F. PAUL DB 990 PG 034 = DS 1158 PG 931 DB 972 PG 213 'DB 839 PG 426,PC E SLIDE 84-3 �> ., r ;_: a ai o z� ao ca - :. � 0 M�CD -. >� A 11 �a 00 x c � r� x North Carolina Department of Environment and N*Wm2l Resouraik Dividon of Land Raour=4 Land QaalW Section 1. MINE NA 4E M. 3. OPERATOR 4. COUN'E'Y t ( 5. ADDRESS "- b. PERMIT E3M TI N DATE , l ""1_l 7. RIM BASIN S. Person(s)caatsactcd at site 'A. - V A IA o. 9. Was mine operating at time of ' ion? ❑ ANo 1ak Pi? ❑ Yes No 11. Date last inspected: _ L I f�' I F 12. Any minin since last inspeati ? ❑ Yes J4 No 13. is the mine in compliance with the Operating Conditions of the Permit? Yes . ❑ No If no, explain: 14. Is the mine in coke with the Reclamation Conditions of the Permmit? �k Yes ❑ No 15. Did any of the above deficiencies result in offsite damage? ❑ Yes No If yes, describe the type and severity of the damage: 15. Corrective manatees needed and/or taken: 17. Other recommendations and cc G .- -.,., tFC j � d X; /j'7 `j "i e ei 1 i ? V1 R., i-5 _I I - . , "- U m"°i'sz 8 � ';:t ,, e, Y}'a ! /11--. Is tlk Annual Reclamation Report +/ map accurate? Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? t3 ,Yes ❑ No Proposed date it' 20. No. of additional pages of Inspection Rgxyrt.L_, 21. Copy of Report sent to operator_ INSPECTED BY. _� _. � 1 �cDATE(i) Telephone No: White copy to file Yellow copy to operator Pule COPY to UM* Specialist 10197 N"di Carolina Department of Environment and Natural Rdsour=4 Division of Land Resources, Land Quality Section I (PEI��� MINE) LMINE NAME 2.1MINING PERMIT# 3. OPERATOR /Me, �Ijir- (-t44. COUNTY '- � r ) 5. ADDRESS i 2 2'� q 6. PERMIT E.NPlRAn6w'DATE Zj4 Y- J 2- ^ 7. RrvrER BASIN v�. i 8. Person(s) contacted. at site /'14 e, n c t,�, 9. Was mine operating at time of inspection? 0 Yes No 10. Picum? 0 Yes 0 11. Date ' last inspected:� / 01 / 0 � 12. Any mining since last inspection? El Yes P-fqo 13. Is the mine in compliance with the Operating Conditions of the Permit? ZYes 0 No If no, evlain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? JX Yes 0 No If no, explain: 15. Did any of the above deficiencies result in offshe damage? 0 Yes No If yes, describe the type and severity of the damage: 16. Corrective measures needed andlor talm: 17. 18. Is the Annual Rmlaxnation Report +/-map accurate? J2-Yes 0 No (Explain) 0 Not Reviewed 19. Follow-up irspection. needed? Yes 13 No.. Proposed date! 20. No.: of additional pages of hispection RaporL—...21, Copy. of Report seat to operator date DATE INSPECTED BY: Telephone No:: White copy to file Yellow Cox to operator Ank copy w Mining Specuzlw 1"7 RECEIVED DEL LAND QUALITY MINING PROGRAM North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section (PERMITTED MINE) 1. MINE NAME =s � .s.; � , 2. MINING PERMIT # 3. OPERATOR . 4. COUNTY -N 5. ADDRESS ic ca,-c a nL 6. PERMIT EXPIRATION DATE o-\ VL3 xL 7. RIVER BASIN S j 8. Person(s) contacted at situ z t ,::,. -I)&.. 9. Was mine operating at time of inspection? ❑ Yes ® No 10. Pictures? ❑ Yes 0 No 11. Date last inspected: v , 1(e , Ic s 12. Any mining since last inspection? ❑ Yes M No 13. Is the mine in compliance with the Operating Conditions of the Permit? 5U Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? P Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes E 1 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 +/-map accurate? ❑ Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes F No . Proposed date 20.'No. of additional pages of Inspection Report 21. Copy of Report sent to operator (date) INSPECTED BY: DATE /c,� r,: Telephone No: ( 1 White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 Npi North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section (PERMITTED MINE) 1. MINE NAME � 11lt � � C ` t '�a�..� v�.2. MINING PERMIT � r `" _ 7 3. OPERATOR G J IWotet', . 4. COUNTY 5. ADDRESS L i . . 6. PERMIT EXPIRATION DA E 7. RIVER BASIN . /o r - ct n4 8. Person(s) contacted at site 9. Was mine operating at time of inspection? ❑ Yes 42 No 10. Pictures? ❑ Yes $ No 11. Date last inspected: & / / . / 0_�3 12. Any mining since last inspection? ❑ Yes IS No 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? a 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,?ther recommendations and corm � ts: Oe 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) a Not Reviewed 1.9. Follow-up inspection needed? ❑ Yes S No Proposed date 20. No. of additional pages of Inspection Report . 21. Copy of Report sent to operator date) INSPECTED BY:(_�'� t y DATE h)/_ / 04�1 Telephone No: & -O/ White copy to file Yellow copy to operator Fink copy to Mining Specialist 10197 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION UP RT (PER T�D MINE) 1. MINE NAME r , t , R �; ; rrs 2. MINING PERMIT ## �.'' 3. OPERATOR : i(: C. r. ;� r r �';,, . ',., . + : % r_ �4/ COUNTY 5. ADDRESS:`..t, j 6. PERMIT EXPIRATION DATE ` ! 1 7. RIVER BASIN 8. Person(s) contacted at site `ffr 9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? ❑ Yes 1* 1 No 11. Date last inspected: 1 / 12. Any mining since last inspection? ® Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? E Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? Q 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 +/-map accurate? .0 Yes ❑ No (Explain) ❑ Not Reviewed 1.9. Follow-up'inspection needed? ❑ Yes El No Proposed date / / 20. No. of ,additional pages of Inspection Report 21. Copy of Report sent to operatox 1 , r �` .. (date) INSPECTED BY: DATE Telephone No-. (2 White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 You have previously expressed an interest and/or are listed as an adjoining land owner in the application for a mining permit filed by NC Department of Transportation -Ferry Division to conduct mining activities off NC 99 in Beaufort County. The mining permit (no. 07-47) was issued on April 5, 2002. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 150E-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 f60) dazes of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 1508-23. File the original petition and one copy with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, N. C. 27611-7447. 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. Cfiarles WGardner Director Division of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on Susan Edwards Mining Program Secretary - _ y, 3 I, NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Charles H. Gardner, P.G., P.E. Director and State Geologist April 5, 2002 Mr. Morris J. Gray NC DOT - Ferry Division Dredge Operations P.O. Box 57 Hatteras, North Carolina 27943 RE: Bayview Dredge Disposal Area Beaufort County Tar -Pamlico River Basin Dear Mr. Gray: Michael F. Easley, Governor 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 your company already has a blanket bond sufficient to cover this application, I am enclosing the mining permit. The conditions of Mining Permit No. 07-47 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 April 5, 2012. 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 and affected acreage at this site is both 5.485 acres as indicated on the Site Map last revised January 24, 2002. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: 919-733-2876 QN 512 North Salisbury Street, Raleigh, North Carolina, 27604 `� An Equal Opportunity 1 Affirmative Action Employer — 50% Recyded 1 10% Post Consumer Paper Page 2 Please review the permit and notify this office at (919) 733-4574 of any objection or questions concerning the terms of the permit. Sincerely, racy E. vis, P.E., C.P.M. State Mining Specialist Land Quality Section TE Dljw Enclosures cc: Mr. Floyd Williams, P.G. Ms. Diane Renzi-WRC, wlenclosures Mr. Bradley Bennett-DWQ, wlenclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures 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: North Carolina Department of Transportation - Ferry Division Bayview Dredge Disposal Area Beaufort County - Permit No. 07-47 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. 1-1 0 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. Def bons Wherever used or referred to in this permit, unless the context cleacates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.N.G.S74-49. Expiration Date This permit shall be effective from the date of its issuance until April 5, 2012. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 7446, et. seq., and to the following conditions and limitations: OPERATING QONDITIQNSO 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 Storrnwater 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 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. All buffers shall be maintained as indicated on the Site Map last revised January 24, 2002. The containment dike shall only be breached to allow access to the dredge disposal material as indicated on said map. C. 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. A gravel construction entrance shall be installed and maintained at the intersection of the access road and NC 99 to prevent tracking of sediment onto the roadway. C. No excavation of the containment dike shall occur except for removal of the portion of the dike to allow access into the dredge disposal area. D. No excavation shall occur below the existing natural ground elevation. E. Mining activities shall be conducted as indicated on the Site map last revised January 24, 2002. 5. All interior walls of the containment dikes shall be permanently marked at the site on 100 foot intervals unless. the line of sight allows for larger spacing intervals to prevent inadvertent excavation. 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. • Page 4 9. A. Sufficient buffer shall be maintained between any excavation and any mining permit boundary or right-of-way to protect adjacent property. B. All buffers shall be maintained as indicated on the Site Map last revised January 24, 2002. 10. A physical barrier consisting of a fence or earthen berm, etc., shall be maintained around the perimeter of any highwall. 11. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area ul3less authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land. Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1) on -site generated land clearing debris 2) conveyor belts 3) wire cables 4) v-belts 5) steel reinforced air hoses 6) drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources 'prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established. 12. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 13. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on - site implementation of the revisions. • Page 5 14. To ensure reclamation of all affected areas at the site as per the approved Reclamation Plan, the ppeermittee shall adhere to the financial assurance letter dated November 2, 2001 from Mr. Jerry Gaskill, Director of the NCDOT Ferry Division. Compliance with said letter shall be considered acceptable security by the Department pursuant to G.S. 74-54. The total affected land shall not exceed the bonded acreage. 15. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division -of Archives and History. Page 6 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: 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. 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to regrade and satisfactorily revegetate any disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. All sideslopes shall be graded to a 2 horizontal to 1 vertical or flatter slope. B. Any settling ponds or sediment basins shall be backfilled and stabilized. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. • 0 3. 4 E. No contaminants disposal of waste through D. Page 7 shall be permanently disposed of at the mine site. On -site shall be in accordance with Operating Condition Nos. 11.A. F. The affected land shall be graded to prevent the collection of noxious or foul water. e e e 'o la : After site preparation, all disturbed land areas shall be revegetated as per the following: Permanents Seeding Specifigationg Dates February 15- April 1 April 1- July 31 August 1- October 25 October 25- February 15 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 lbslacre or follow recommendations from a soil test. Fertilizer- 1000 lbslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch- All seeded areas shall be mulched using small grain straw at a rate of 2000 lbslacre and anchored appropriately. 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. MG u • i aLi 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 t s 5th day of April, 2002. By: Charles H. Gar er, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources . Date r MEMORANDUM TO: File FROM: Susan Edward SUBJECT: Notice of Issuance of Mining Permit / moo_ O - y7 A copy o the att edI"Tot ce of Is uance of Mini g Permit" was sent to all people listed in the Affidavit of Notification and any additional 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 NC Department of Transportation -Ferry Division to conduct mining activities off NC 99 in Beaufort County. The mining permit (no. 0747) was issued on April 5, 2002. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 150B-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA, a petition for a contested case must be filed in the Office of Administrative Hearings within sixty) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 1508-23. File the original petition and one copy with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, N. C. 27611-7447. 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 F0 Gardner Director Division of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on4"L� �'� az00 Susan Edwards Mining Program Secretary �A NCDENR North Carolina Department of Environmen - . atural Resources Division of Land Reso " - Charles H. Gardner, P.G., P.E. Land Quality Sectia AhpD 5 2002 ichae Director and State Geologist March 7, 2002 X. illiam MEMORANDUM TO: Mr. William Wescott 1' Habitat Conservation Program Coordinator Wildlife Resources Commission 0� Coax FROM: Susan B. Edwards Mining Program Secretary ? Land Quality Section SUBJECT: Mining Permit Application Request for NCDOT Ferry Division Bayview Dredge Operations Beaufort County .I F. Easley, Governor 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 March 29, 2002 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. !M Attachments cc: Mr. Floyd Williams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper AlyO-K WA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Michael F. Easley, Governor April 1, 2002 MEMORANDUM TO: Ms. Susan B. Edwards Mining Program Secretary Land Quality Section 12 FROM: Gabrielle Chianese Water Allocation Section Division of Water Resources SUBJECT: Comments on the mining permit application request for NCDOT Ferry Division Bayview Dredge Operation Beaufort County William G. Ross Jr., Secretary John N. Morris, Director --L�PR 3 2003 Dr.-[M IAN,r) 0Ir�;7Y c ' Please find attached a copy of the mining permit application request for the above referenced project. The Bayview Dredge Operation in Beaufort County appears not to have an unduly adverse effect on ground water supplies. Any water withdrawal will be subject to North Carolina General Statute 143-215.22H; Registration of Water Withdrawals and Transfers Required. Any person who withdraws in one day 100,000 gallons (70 gpm) or more of surface water or ground water in North Carolina is required to register the withdrawal with the Division of Water Resources. A 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, 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 Centet, Raleigh NC 27699-1611. 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 Phone: 919-733-40641 FAX: 919-733-355$1 Internet: www.ncwater.org An Equal Opportunity\Affirmative Action Employer-50% Recycled110% Post Consumer Paper AY 115,1 '' r� � NCDENR North Carolina Department of Environment and Natural Resources MAR 2002 Division of Land Resources DMSIOv OF Land Quality Section WATER RESOURCES Charles H. Gardner, P.G., P.E. ... Michael F. Easley, Governor Director and State Geologist March 7, 2402 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Susan B. Edwards Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application Request for NCDOT Ferry Division Bayview Dredge Operations 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 March 29, 2002 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 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 / FAX; 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper I� Michael F. Easley, Governor Lisbeth C. Evans, Secretary Jeffrey J. Crow, Deputy Secretary Office of Archives and History North Carolina Department of Cultural Resources State Historic Preservation Office David L. S. Brook, Administrator I/ Division of Historical Resources David J. Olson, Director March 20, 2002 RECEIVED MEMORANDUM MAR 2 7 2002 TO: Tracey L. Davis �X. Land Quality Section Division of Land Resources, DENR FROM: David Brook SUBJECT: Application for. Mining Permit, Bayview Mine, Beaufort County, ER 02-9227 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 -barley, environmental review coordinator, at 919/733-4763. DB:kgc Location Mailing Address Administration 507 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh 27699.4617 Restoration 515 N. Blount St. Raleigh , NC 4613 Mail Service Center, Raleigh 27699-4613 Survey & Planning 515 N. Blount St, Raleigh, NC 4618 Mail Service Center, Raleigh 27699-4618 Telephone/Fax (9 19) 733-4763 •733-8653 (919)733-6547 •715-4801 (919) 7334763 •715-4801 .., MINING PERMIT APPLICATION REVIEW FORM for FRR7C-p DIVISION OF WATER QUALITY Project: &- D County: **Due Date for Comments Back to Land Quality Section: 10/2000 MAR 2 2op Will the operation, as proposed, violate standards of water quality? Comments: Watershed/Stream Name & Classification: AQ<A— NPDES permit required NPDES permit existing Nondischarge permit required Nondischarge permit existing Wetlands disturbed 401 Wetland Cert. required 401 Wetland Cert. existing YES NO (Permit # ) x (Permit # ) (Permit # ) 4. JReviewed by:C4tzje'Date: -1?2- d �Z- Print Name: ** WvALiTY SEC UON REGIONAL OFFICE MINING APPLICATION REVIEW CHECKLIST -mmoai APPLICATI� RMIT NO.: — ACTION: odification Renewal Transfer Release APPLICANT NAME: _LLO-IK w MINE NAME: COUNTY: Administrative Issues: A. Is the site currently under NOV? Yes Q Explain: B. Is the site under CAMA jurisdiction? es No Explain: j24 -),nL �j/4414, Field Issues: A. Are potential wetlands and watercourses properly indicated on the Mine Map?(e No Explain: B. Are the proposed buffer zones adequate? Yes No - Explain: 12�_Ad' s pis>.✓c ± C. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated? Yes Explain: 4 s o>J deIZZw D. Do all water supply wells within 500 feet of the mine excavation appear to be indicated? No Explain: OG E. Is visual screening needed? Yes o Explain: F. Are the proposed erosion and sedimentation control measures properly located to prevent offsite sedimentation? No Explain: w r i o/ w G. Is the proposed revegetationlreclamation plan acceptablee No Explain: Date inspected: 64 Erosion and Sedimentation Control Plan Review: It is the responsibility of the RNional Office staff to verify die'adequacy of the E&S measures. Please provide concerns or comments: Who was the application routed to and when?: Division of Air Quality: _ Date: Division of Water Quality (Water Quality Section only): _�►�✓rs _Date: Other: te: Inspector/Reviewer's Name: Raninnai Fnninptzeq Name- Date: 3 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636.3726 March 25, 2002 Charles Gardner, Director Division of Land Resources 1612 Mail Services Center Raleigh, North Carolina 27699-1612 Attention: Judy Wehner Dear Mr. Gardner: The U.S. Fish and Wildlife Service (Service) has reviewed the mining permit application for the North Carolina Department of Transportation, Bayview Dredge Spoil. The sand mine is located adjacent to the Pamlico River near the town of Bath in Beaufort County, North Carolina. The project is located in the Pamlico River basin. The proposed sand mining would excavate 3.44 acres within a 4.862 acre permitted area. Excavation would remove material up to 3 feet below the current ground level. The current land use of the site is a dredge spoil site and would be reclaimed as a dredge spoil site after mining. 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.). Based on the information provided, it appears that the project site does not contain suitable habitat for any federally -listed species known to occur in the area. We believe that the requirements of the Mining Act of 1971, as amended (NCGS 74-76 et seq. 15 NCAC 5) have been satisfied. We remind you that obligations of the Endangered Species Act must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. The Service has no objections to the issuance of a permit for the proposed mine, but suggests that proactive protective measures such as native grasses be included in the permit to enhance the reclaimed area for fish and wildlife resources. The disturbed areas should be vegetated with native, warm season grasses such as switch grass, Indian grass, little bluestem, big bluestem and gama grass rather than the proposed Bermudagrass and Tall fescue (which have been identified as invasive exotic species by the North Carolina Botanical Garden). The Service appreciates the opportunity to comment on the proposed permit. Please call Tracy Rice of my staff at (919) 856-4520, extension 12, with any questions or comments. Sincerely, v Cardlue,arlandBPh.D. Ecological Services Supervisor cc: William Wescott, NCWRC Morris Gray, NCDOT (P.O. Box 57, Hatteras, NC 27943) FWS:R4:TMRice:TMR:3/19/02:919/856-4520 extension 12102-P096 Beaufort Co.wpd A7 im LA NCDENRVJ.;Y North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Charles H. Gardner, P.G., P.E. March 7, 2002 Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary MEMORANDUM q� TO: Ms. Tracy Rice Application Review Coordinator U.S. Fish and Wildlife Service FROM: Susan B. Edwards�i Mining Program Secretary - Land Quality Section SUBJECT: Mining Permit Application Request for NCDOT Ferry Division Bayview Dredge Operations 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 March 29, 2002_ 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 R �� rr a .: cc: Mr. Floyd Williams 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 % 10% Post Consumer Paper NCGS Mine Permit Application Review Checksheet Application ID LQS Comple4 This Section ===J] Mine Name Bayview Dredge Disposal Area Company Name Date Due LOS 3/29/2002l Permit Type: NCGS Complete This Section Commodity sand Geochemistry Hazardous County Beaufort Minerals 7.5'Quad I Subsidence RANSOMVILLE Lat (DecDeg) =4288] Long(DecDeg) Slope Stability -76.74061 1985 Geologic Qp - sufficial deposits undivided Map Unit Seismic Hazard Other not available Geologic Map Unit Mineral 'Resources Lithology: unknown Plain ,Flood Deposits Comments 11. Near Comments (Cont'd) Attach Pages 1-3 of Mine Permit Application NCDOT New New Renewe Modification Transfer ......... = no comment subject to coastal flooding. comment 2. I [)EN� Note: Seismic hazard value ls:.the peak horizontal acceleration with a 10% chance of exceedence In,50 years. Werencie value is firm bedrock, actual site conditions may vary. 'Source - National SeismicHazefd Maps Documentation, June 1996, U. S. Geological Survey Open -File Report 96-532 (httpligIdmaps.01.cr,usgs.gov/seishazipgal0.html). 02 1 Record No 12 Reviewerl RMW ComplOatel r3_/19/_2_57 7- J Reviewer2' JCR Com'PIDSW2 T-35/1-9/2-00721 NCGS Mine Review Checksheet-Database Rev. 2 11/28100 4, HATTERAS INLET FERRY Fax:2529862781. Mar '02 10:50 P.01 NC - FERRY OMSION HAT AS INLET FERRY OPERATIONS • PO BOX 57 • HATTERAS, NC 27943 252-986-2136 252-986.2781 (FAX) facsimile transmittal 0 Wo CA Z na Z O y C C3 C C C3 C2 C 0 w� ru in Q" C3 r, \~ c Q 100 os: of zo, 4p j2w TW986ZSZ:xp3 An33 13�NI Sd�311UH I Cantplete 40 F 1. 2. and 3. Also complete heir► 4 H Restricted Delivery is denim& e Print your mama end address on tfte reverse so OW we can reborn Me card to you_ I Attach this card to the"bacic of the mailpiace, or on the f o t if space permits. � Ankle Addressed to: f %3G e ,Y«p Article N Wlba rAWYhorn Service WOO i Fart} 3811. July 1999 L.i� :rrl iii A by Ple— Prim Cla-M r %• 741,wi S C. Sarotree —�-- - ❑ Addre D. Is delivery addre q q different from tkm 1? ❑ Yes y YES. order delivery address beiaw.. Q No 3- Service Type f tO'C-ttiea Mal ❑ Express hied i 0 Registered Mlekm Receipt for Merctkandrse ❑ bsured MWI 0 C.O.O. 4- Restricted D&-y? (Extra Fee) ❑ yes Don »1ic Return Rece4-- ■ Contpids ft, 1. 2. and 3. Also compiete item 4 If RetsMctad Delivery Is desired. ■ Print you nano and a lmw on the reverse sb that we can rot m the owd to you. ■ Attach this card to &a back of the madpiec e. or ort the front if space poll its_ 1. ArftbAd3eeeedta / 9 ,�i4fi�, JvP �7�o dr L Ardce MMx.dw {lbpy!Fear MaliceleW 'sirarin3�11.twy1s99 ~ Prwrt E!L Dab or Ion X " ❑ D- Y adfese d n-" ham ham 7 D lies N YES. order dW—Y eddeww beloow O % 8. Service Type 8'Cet*d Md ❑ Ewass Mall O Replsterw B ifiearn Receipt far M- dta,dise O inured Mall ❑ C.O.D, 4. taesblded Dewey? (FjM? Feel ❑ Yea 1a2s954D44.4 stsz f ■ Canpieta hams 1, 2, and 3. Also eornpk)fe Nam 4 if Restricted CWK-ery is desired. ■ Print your name and address on the reverse _ so Matwe can return the card to you. ti ■Attach this card to the back of the rTrailpiace, or on the host If space permfts. t 1. Article Addressed t« k�6o xjtir. 25FWY A. eI x AgaA ❑ Adde B k f Prindied rYe .W C. Deta.1 Del DO Yee If YES. order delvery aft below: O No 3. Service type Xcernlred Ma 0 F xp ese ma ❑ %oswnd Wfeh,m Receipt for Wl Cl Irmured Mac O C.G.D. 4. Restricted Delivery? OErft Fee) �Yss 2. Article Number - pmnsw flour Service b?bel) X 15S Form 3611, August ' OQl Domestic Retun PWNe pl Ln ti CO ti Complete starts 1, 2, end a Also r m tplels item 4 Jf Resbictad Delivery is' desired. Print your name and address an the reverse w dW we con reh m the card to you. M Attach this card to the beck of the maNplwe, I or on the harm it space peen -4. Amide Addressed tac 2. Article Number raw lien Sww" let* A. Received ly cruise Ptft Croon» B cote a C. 816ratme, xAdrress D. kif>feia4lFam seem 1? © ves deL+rery addict bebw ❑ No a 3- Service Type w6ww ea ❑ F�� rMaw O ed #t O po*fered Erhafrm Receipt for Mwchar+a ❑ tn>a Iker ❑ C.O.D. 4. Restricted Ddhrayt Ste+'+ Fe4 O Yes CD PS Form 3811. July 1999 nor,iestk Return Receipt 1e2596-004taN 0 w ■ Carnpiete itsrrs 1. 2, and 3. Aiso complete Rem 41 Rued DeWwY is desired. ■ print yw mama and address an the r+everee YOU -so that we can velum the Card to Attach this card to the back of the makkce, or an the front if space permits. e_ Amide Addresses to-7 �� ,fox lei A- Sig UU-i e�gent X JA. / 1 O Atlae S. Receh-ed by ( Prated AbPW I C. D. Is deltwy addrea d %wwd darn ftrn 17 t7 Ye6 if YES. —ohm dea.ery eddreas bola+-. ❑ No ■ Complete Items 1. 2. and 3. A1so complete item 4 if Rued DefNery is desired. - ■ Print your rwne and address on the reverse so that we can return the card to you. ■ Attach this Card to the back of the maepiece, or on the front if space permits. A Sigh" K 0Agard ❑ Add,. B. Received by (PMWW Akhl%l C. Da3e of Dol D. Is deivery edtles+ 7 n YES, order deiivery © r n �k�MbXM 3. i lype m certirred LW � ❑ ttarett ❑ htsued C.O.D. j 4- Res}ricted Dejery7 X)rfm FBW 0 Yes l' 4. ;Whicred Deli+rorl/T (&ft Am) 0 wi -n ;2. Ankle Number 2. Article Number x (TJsrtslfrr hart service }abet) (riarmw dam set 4- b wq j P9 Foitit 3811, August 2001 Darrtestic Retum Receipt t PS Form 3811. August tom Domestic R9ft= Readpt K> 00 OD r%��o�' i -7 ; , N& a,7,f*9 3. Service Type � ❑ Reostarcd Return Receipt for tNerrttartdse `. I ❑ Insured Mai! ❑ C.O.D. T. Article Addressed to: M/ /70 ■ Cot Vkm Hems 1. 2. and 3. Mao oaetplete A ■ cwvkft n ms 1, 2, and & Also eonwiete A. Sk" ❑ item rh 1 ifi Restricted Del I I P -q is n the �( /�' �� ❑ Ad& i . ■ Print your rtatrre and on the reverse n�17_ Cl■ Priestyotr Herne and address on the reverse ii..VV ❑ so that wn can rriLxn tfte card io you. - tto that wre cmf rettmt ttte Card to you dived by (PrSrted A{w" C. Date of DeitrerY : ■ Attach &ft Card to the back of the manome, y (Alined Afame) C. Date of D■ Attach this cad to the back of the mallpiece, or on the front if space pemtifa or on the front If space permits. 67 07 —ZZ' 7. 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Attach this card bD the back of the mak9ece, or on the hDrit ff SDWe Der -nit - Ardele Addressed to: -7 ArWb NUmtW PUPY vicar service UW .1 jyq! FDM3811.duly 1M - -, - Hi: by Pbew P jEft Chm" C3 AgM iess M&W flan Hem 17 0 Yes dOwery address below: 0 No 3. SOMCS TYPS U-C"~ MO C) Express Moo E3 neghtwed W-Aeftwn Paceipl for LftmhwKfte 0 kMM Mal 0 C.0m. 4. Restricted Dawryl (Ex" A* 0 Nbs 0 CornpWe items 1, Z and 3. Also complete item 4 if Restricted Delivery is de MKL -1111 Print Your rwria and adcb on the reverse so that me on return the card to ym. M Attach #is CWd to OVS back d the MW or on Vw from If space 1. ArUcia Addressed io:// 2. Article NtrnberjVAqpyfrom service 10259SOD-VAM j;PS Fbrrn3811,j*1w9 A. Recdoed by 0%M PhW 0WwW 1 .01 C. SwMiture r A9, AA4--V"/� 7;x13 -a� 0 Ar i D. Is delivery edddnmt from item I? 111ft, #YES, willet deltwery addressbelow. 13 Wr I 3. Swvkx Type etweiied Mal 0 r- I , man E3 RsyElleed 9"tatimn hemeto for Merc 13 kmad ma 13 cns). 4. PASIVicted 0~ Wj" FAN 11 Vb lb M8Wflr-)& Domestic Paturn tieoeipt 102595-0061 ZIII O PLO CompleteUm 1, 2. and 3. Also cp.mOete Complete Items 1. 2. and 3. Also complete A. SOwb" 0.1 item 4 if Restricted Delivery's CISSITSId. Item 4 It Restricted DsfivtwY Is desired. M■a Print your nerne mid address on the reverse print your name and address an the reverse so ftt we can Tatum the card to you. ama. so that we can wium the card to you. B. Removed by j Pdnfed Aks7W C. of wyI M Attach this card to the back of the mallplece. Attach this card to the bwk of the nuMpiew, i or on the "wd d space Permits. or on the fraft it space permits. misdeemy-I'l cWkward from therm 17 yes 1. Article Addressed to: Arkb Addressed to: —If YES, enter delivery address 1361CYW ❑ NO , f .fly 7 y efIx I Ale C7?14/40 'of VrAll NO C;Vfol r 3. Service Type 0115ertified Ma E3 Express Mail 0 Registered Irpah" 111808111:4 ftw Mae# M1 0 ft=NW Mal E3 C.O.D. 14. Resbicted De0very7 PDrha Fee) 0 Yes Mkie MLXTdW : ; ' -- ffimmft� ftod",KY108 664 S' s Form 3811, August 2ml A: 91QT x B. Received by (Plkftd Nw7W C. Date ot ! D. to delivery addreers d"W'SlIfti-Mitem 17 - A Yi't If YES, aft delhwy WWM below- 0 M, I 3. Service TYM 4fft&VlFlwd Mall El EWESS 16W C) paosserect 074tum Receipt for Mer E3 trw Mail 13 C.O.D. 4. Restkied DeffvW Mft Fee) 2. Article Number (TMMAW ftm: M0=9 kw PS Form 3811. August 2001 Domestic Rehm PACOO Donumbe Return Race" list 11111 111 1.11 Complete !tams 1. Z arId 3. Also coffptcft &on 4 H Reu!Aotad DSU%wy I* desired. Prwd yaw name and address on the reverse so 00 we can return the cwd to you. Attach this card to the bsK* d to makiece, or on the font It 5Pwe Pwmft- ArWA Addressed to: o� 7 L A- by #%Mop CP—W L" a CcwnpWitemseitems2,1. and 3. Also OOFYgAeW 11WAM v ftw 4 If Fleafticted Delivery Is deekocl. C. aw"A ■ Print your mum and address on the rw4(m 0 A� so that we can n3bzn the card to YOU. 6az- 0 Addmswe R Attach Ita card to the back of the ffseRpmoe, 0.113 dailwayfid"ad dMwerti6m Item 17 13 Yes or on the *ont If -4t pmoe a *-s, 4*w delivery a.1 - P g 4 oewrr E3 t4D 1. Article Addressed to z5va 3. service Type 1 ff-GerHfied MW 0 Eg*u&s Mail ORegWomd U-PAturn Race* for Mwhg7drss 13 Premed MM 0 C.O.D. 4. RmVkW WAwy? (Dft Fee) 0 Yes Danrestic Retwn Receipt Compkite Items 1. 2, end 3. Also complete (tern 4 it pAM;bJcW DeOvwy is desired. PdM your name and address on the mvem so that we can return the card to you - Attach ttft card to the back of the MUMdp wn. or on the font if SPWS PeMift- Adicw Ad&em;od to: �r 7- a73 ;gw,4x., /V Amide Mffrdw avrn service he* 5 Fam 3811, August 2001 4 2. Article Number (Copy fish swvka lgb� IGMWO""M PS Fbrm. 3811, July 1M A. Recokod by Pew COMMMA & Dap 33 Mao 4 C. SovdUre, ---i M 13 AC;V :D rt 7�& � OAc(jO D. Is delhery rrddrea 4 diflowd from ftem 1? 11 Ye If YES, erdw dWymy address below. E3 Mc r- M M 70 3- Service Type etatwd Ma a awrew Ltd 0 Registered 04etwn RwaO km it 13 kaired ma D qnn. rV to 4. Rest; d DMwery? Xrft Feet El V6 � OD 0) rV Domestic Ream Receipt I I, fcrZs96-oa � A. SWOk= jZO FIED m compiete items 1. 2. and 3. Also conVIM = 52, item 4 if Restricted DeffvwY is desired. 'p-70wit. 1 ja Form your none and address on the reverse M A UL-tf- sothat wecan return the card toyou. B. ROODN-ed by (Prk;hd Nam) C Of g Attach this card to the back of the milplece, or on the ftwd d space pemuts, D. Is delivery address dMwOnt fmm ftwn 17' lAea 1. Artide Addressed to: -.,If YES. enter deft" address bekwv 0 No Chr - IAI,, 1.1y I wwr 3. 5er4ke Type O'CA"Med MO 0 EXPNOW MSII 0 Registered W71iftm Receipt ir for MvMhwK%s* 0 insured Mal 13 C,0.13- 4, Restricted DdMW (Extra A90) 11 Yes A, x B. Received by (P~ M-W C. cat& d D. Is dek.Wy addigme differa>t from Tian 17 11 YES. sift dmlkwy adichm Wow. (-n 3, service Too Anteratied Lw 13 Egress me 0 Registered Mob" Receipt for Mar 0 marred Mee 0 C.O.D. -:,u 4. P-*kW DWivery? (B" F—) C] v r-n I i 2, MOO NLM'tbW Ito:Si:j(Frw6for ftm Mnxe bw M .... PS Form 3811. August 2001 Cw"MMUC Return Receipt 102W Domestic PAMum PAKN*A M299"1-04-25W: 110i Plitt 111 111: • IDW, W :9► RRS Contact: Name of project: Log 'In #: _[43 ining Permit Application Review CE,M/-F- p ✓ � YMAR 2 B: County: -� Proposed activity is is not /within 5 miles of a ublic ark or recreatio p typ p n area. If yes, identify the park: Manager/agency name: (contact name): (phone; fax): (email): z /J Review conducted by- Date: PLEASE RETURN APPLICATION MATERIALS WITH YOUR REVIEW/COMMENTS. YOU CAN ALSO EMAIL YOUR COMMENTS TO: Susan.Edwardsa email.net and Nangy.Adams@ncmail.net THANKS! Return form and materials to: Nancy Adams DENR/Division of Parks & Recreation 1615 MSC Raleigh, NC 27699-1615 (Please Print on Yellow Paper) ;+ • 4 fA NCDENR North Carolina Department of Environment and Division of Land Resources Land Quality Section Charles H. Gardner, P.G., P.E. Director and State Geologist March 7, 2002 MEMORANDUM TO: Mr. Phillip McKnelly, Director Division of Parks and Recreation FROM: Susan B. Edwards; Mining Program Secretary Land Quality Section Natural Resources Michael F. Easley, Govemor William G. Ross Jr., Secretary MAR 2 5 2002 SUBJECT: Mining Permit Application Request for NCDOT Ferry Division Bayview Dredge Operations 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 March 29, 2002 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 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper .,' Iii�GC ``� �� ��� �� � ` . G2 0 MINING CHECKLIST FOR ROUTING Applicant's Name: Or 4W.0 00 6 Project Name: UI Permit No.19 2:11ou nty: [)at,- Received: or r I Reviewer River Daolm Name: Alt 14 1-0, A /ew ORenewal C Modification (inside permit boundaries) 0 Modification (outside permit boundaries) 0 Tra n cifc r ❑ Release 0 Partial Release 0 Additional Information 0 Fee Needed: ee Received: n packaac to: Ple&Fic route entir totalOffiCC (2 complete copies; attach the Re i Office Mining Application Review Checklist" to one copy and attach hatb t c WQ d PAQ "Mining Application Review Form" to the other copy; ccndl both copies to t cgiio4raEngimcer) .1 Date: Route, c9d 1 i5ion of Water Resources Date: Routed Reo'd C Wildlife, Resources Commi551on Date: Routed Rcc,d Re Fish & Wildlife Service Date: Routed A��c d (Only new applicatiomr, and modification rcqucoso that add land to the permit) Flear2e route first 3 pages of thenpplication and any-tautiQM MaI25 to ,0151vieiom of Parks & Recreation Date: Routed Reo'd �C Geological Survey Section [)ate: Routed I, e. c, d (Only new applications and modification requests that ad and to the permit) Xivk5ion of Archives& History Date: Routed Reo'd (Only new applications) Xther. rn Date: Routed Rcc,d. -Ica (no late� �hari 25 *'*5u!5" ciloc Pate for Comments: '9 '@q 10it) days from receipt) ease Aote the following: NCDENR North Carolina Department of Environment -and Natural Resources Division of Land Resources Land Quality Section Charles H. Gardner, P.G., P.E. March 7, 2002 Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary 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 NCDOT Ferry Division Bayview Dredge Operations 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 March 29, 2002 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. FIoyd Williams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27504 An Equal Opportunity I Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Charles N. Gardner, P.G., P.E. Michael F. Easley, Governor Director and State Geologist March 7, 2002 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Susan B. Edwards Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application Request for NCDOT Ferry Division Bayview Dredge Operations 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 March 29 2002 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 continents 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 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 1 10% Post Consumer Paper • i� ...� 7iZA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Charles H. Gardner, P.G., P.E. Director and State Geologist March 7, 2002 TO: Mr. Phillip McKnelly, Director Division of Parks and Recreation FROM: Susan B. Edward"saMining Program Secretary Land Quality Section SUBJECT: Mining Permit Application Request for NCDOT Ferry Division Bayview Dredge Operations 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 March 29, 2002_ 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 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 / i=AK 919-733-2876. 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 1 lo% Post Consumer Pauer RCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Charles H, Gardner, P.G., P.E. Director and State Geologist MEMORANDUM March 7, 2002 TO: Ms. Tracy Rice Application Review Coordinator -U.S. Fish and Wildlife Service FROM: Susan B. Edwardss,�i Mining Program Secretary - Land Quality Section SUBJECT: Mining Permit Application Request for NCDOT Ferry Division Bayview Dredge Operations 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 March 29, 2002 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. r" Attachments cc: Mr. Floyd Williams 1612 Mail Service Center, Raleigh, forth Carolina 27699-1612 • 919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Emolover — 50% Recvcled 1 100% Pnst Consumer Paner A7 - MA ANEWEEMEM KUM North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Chaves H. Gardner, P.G., P.E. Director and State Geologist MEMORANDUM March 7, 2002 TO: Mr. Mike Street, Chief Habitat Protection Section Division of Marine Fisheries FROM: Susan B. Edward . Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application Request for NCDOT Ferry Division Bayview Dredge Operations 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 March 29, 2002 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 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 Eaual Opportunity 1 Affirmative Action Emolover-- 50°/ Reuded 1 100/ Pnst rnnsumer Panpr 0 • Notification of Mining Permit Application r Subject: Notification of Mining Permit Application Date: Thu, 07 Mar 2002 10:52:06 -0500 From: Susan Edwards <Susan.Edwards@ncmail.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." <Zenoe@ncleg.net> CC: Floyd Williams <Floyd. Will iams@ncmai l.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: March 7, 2002 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 r ncmail.net. NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that NC Department of Transportation - Ferry Division has applied on March 4, 2002 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 4.8 acres of land located 5.5 miles east of Bath off/near road 306199 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 of 2 3/7/2002 10:52 AM Notification of Mining Pen -nit 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 specifics of the proposed mining activity, please contact the applicant at the following telephone number: (252) 986-2136. For information on the mining permit application review process, please contact the Mining Program staff at (919) 733-4574. Please note that the Department will consider any relevant written comments/documentation within the provisions of the 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 alinlicab e: Mr. Morris J. Gray - Dredge Superintendent NCDOT - Ferry Division Dredge Operations P. O. Box 57 Hatteras, NC 27943 2 of 2 3/7/2002 1 U2 AM °a Xt6 02/19/2002 -FERRY -'OPERATIONS` ;� t 113 ARENDELL STREET.'ROOM 120 J •MOREHEAD• CITY, NC 28577- ' . Q - / 'y • • r r • • • r r r r r • r r r r r • � • • ♦ r ► r r r r • -7lh �OL�[iJ"i Lt 0O/! AV DEPI' OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTI �1612 MAIL SERVICE CENTER i RALEIGH, NC 27699-1612 V AUTHOR ZEb SIGNATUR 0 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY HATTERAS INLET FERRY OPERATIONS GOVERNOR PO BOX 57 HATTERAS, NC 27943 February 27, 2002 Mr. Tracy E. Davis, P. E. Mining Specialist Land Quality Section Division of Environmental Management P. 0. Box 27687 Raleigh, NC 27611 Dear Mr. Davis: LYNDO T1PPE"I-r SECRETARY MAR"?o02 Please find the enclosed six completed permit applications, maps and a mining permit fee check in the amount of $ 150.00 for our Bayview dredge spoil site. Notification to the adjacent property owners and the Beaufort County Manager has been sent by certified mail. A sample copy of the cover letter to each landowner with attachments is also included. The purpose of this permit would allow us to sell dredge spoil sand that has been pumped into the site previously to offset the cost of dredging and preparing the site for future dredging of the ferry terminal. In addition, due to the enduring nature and fiscal responsibility of the Department of Transportation - Ferry Division, we respectfully request that the requirement for a bond to insure proper reclamation of this site be waived. If you have any questions, please contact me at Hatteras Inlet Ferry Operations — (252) 986-2136. Thank you for hour help and cooperation with this matter. Sincerely, rorrisGray Dredge Superintendent iL MAR - 4 2002 4 - PHONE (252) 986-2353 FAX (252) 986-2781 a NOR'k4 tm NORTH CAROLIN MINING PERMIT APPLICATION State of North Carolina Department of Environment And Natural Resources Division of Land Resources Land Quality Section y l � ucNj LAID Q5�rY1UN 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 • • MINING PERMIT APPLICATION REVIEW PROCESS FLOWCHART BEGINNING OF PROCESS I Application received by Land Quality Section/ I State Mining Specialist Application assigned to Assistant State Mining Specialist Assistant State Mining Specialist/Program Secretary 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 I Public Notice - Land Quality Section Regional Office - Division of Air Quality - Division of Water Quality .............. 0.................. ; Review Public Comments; Public Hearing Possible •......................... 0......... 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 (L7o to*) LJ • Application & proposed permit action reviewed by State Mining Specialist Is application & proposed permit action complete/acceptable?? If "Yes", the following permit actions are issued by the State Mining Specialist: - Draft Permits - Permit Transfers/Name Changes - Bond Substitutions - Permit Releases END OF PROCESS If "YES", application & proposed permit action forwarded to and reviewed by Division Director Is application & proposed permit action complete/acceptable?? If "YES", the proposed permit action is I issued by the Division Director i FEND OF PROCESS If "No", application & proposed permit action returned to Assistant State Mining Specialist for revision (go to *) For other permit actions, if "Yes", application & proposed permit action forwarded to and reviewed by Land Quality Section Chief Is application & proposed permit action complete/ acceptable?? If "NO", application & proposed permit action returned to State Mining Specialist/ Assistant State Mining Specialist for revision (go to *) If "NO", application & proposed permit action returned to Section Chief/State Mining Specialist for revision (go to *) NORTH CAROLINA DEPARTMENT OF ENVIRONMEN AND NATURAL RESOURCES LAND QUALITY SECTION - 4 20a2 i MAR APPLICATION FOR A MINING PERMIT DE�4" utY'Sv vloN (PLEASE PRINT OR TYPE) OArUA 1. Name of Mine BAYVIEW County BEAUFORT River Basin PAMLICO Latitude (dd.mm.ss) 35 25' 48" Longitude (dd.mm.ss) 76 44' 17" 2. Name of Applicant* N.C.D.O.T. - FERRY DIVISION - DREDGE OPERATIONS 3. Permanent address for receipt of official mail** P.O. BOX 57, HATTERAS. NC 27943 qy-� - 093�z T —2F,a -- $7 a 7 - V0 3 4. Mine Office Address N.C.D.O.T. - FERRY DIVISION - PAMLICO RIVER OPS. 229 NC HWY 306 NORTH, BATH, NC 27808 Telephone (252)964-4521 5. Mine Manager MORRIS J. GRAY 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. ***Si Print Name MORRIS J. GRAY Title DREDGE SUPERINTENDENT Date -2 7 -7XW'oZ 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. * * * Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. -1- APPLICATION FOR A MINING PERMIT ❑ NOTE: All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: 1. a. If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that�"new permit" fee will be based upon): 4.862 Of this acreage, how much is owned and how much is leased? Acres owned: 5.485 Acres leased: Property owner if leased: b. If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered y the existing permit: Mining Permit No.: Total permitted acreage (this 1s the acreage that the "renewal" fee will be based upon): c. If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered y the existing permit: Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes No_. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes No . If yes, indicate the additional acreage to be covered by this modification: (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed) by the mining operation? Yes No (if no, a "minor modification" fee of $50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): d. If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered y the existing permit: Mining Permit No.: Total permitted acreage: ❑ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: SAND 3. Mining method: Hydraulic Dredge Front-end Loader & Truck X Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain) -2- APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) -3 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) NATURAL GROUND LEVEL b. Expected average depth of mine (feet) -3 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 YEARS B. MAPS 1. Clearly mark and label the location of your mining operation on six 6 copies of a 7.5 minute quadrangle and a county highway map. These maps, in addition to six 6 col2ies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5 minute quadrangles may be obtained from: N.C. Geological Survey NCDENR 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 715-9718 County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919) 733-7600 -3- APPLICATION FOR A MINING PERMIT Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. 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 ad'ouung these tracts, that arc 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 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-99 Acres 1 inch = 50 feet 100-499 Acres 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 Stockpiles Wastepiles Processing Area/Haul Roads .138 ac Mine Excavation 3.44 ac Other NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM {PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FOW. THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. —5— 0 C� 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. UNSUITABLE MATERIAL WILL BE PUSHED AWAY AND INTERGRATED IN EXISTING BERM TO ALLOW EASY ACCESS TO GOOD SAND. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. EXCAVATION WILL BE CONDUCTED INSIDE VEGETATED EARTHEN BERMS 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes No X . If yes, briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes No X Ifyes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method ofstabilization) on your mine map(s). 0 APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes No X . If yes, do you intend to dewater the excavation(s)? Yes No . If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine maps) that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 100,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. 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? LIMITED HAULING EXPECTED, NO DUST CONTROL EXPECTED. -7- • • APPLICATION FOR A MINING PERMIT 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). BUFFER ALREADY ESTABLISHED b. A minimum 50 foot wide undisturbed buffer will be required between any Iand disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). 500' TO PAMLICO RIVER a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to I vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. THIS IS A CONTAINED SPOIL SITE, THERE WILL BE NO INSTABILITY OR LANDSLIDE POSSIBILITIES ADJACENT TO BOUNDARIES. 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 an benches and/or slope drains (with supporting design information) if needed, and the method off nal stabilization. c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections for all cut slopes must be provided on the mine map(s). 2;1 OR FLATTER FOR ANY BERM THAT MUST BE CONSTRUCTED 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. NO HAZARDS TO OTHER PROPERTY 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 accepptable 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). EARTHEN BERMS; A CHAIN LINK FENCE WHEN FUNDS BECOME AVAILABLE NIGHT SECURITY GUARD. ME APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes No X How will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine maps) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. EXISTING BERMS 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? IM91 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 excavations) 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 Ifyes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the location(s) of all storage facilities on the mine map(s). -10- • E APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent channels must be indicated on the reclamation map. THE MATERIAL FORM THIS SITE IS BEING SOLD TO HELP PAY AND PROVIDE AREA TO DEPOSIT DREDGE SPOIL AGAIN FROM PROPOSED DREDGING OPERATIONS AT THE FERRY TERMINAL. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes No X Ifyes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross -sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes No . If yes, specify species. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. EARTHEN BERMS, NIGHT SECURITY GUARD, CHAIN LINK FENCE WILL BE INSTALLED WHEN FUNDS BECOME AVAILABLE. -11- i E 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. ANY SUITABLE OVERBURDEN WILL BE USED TO RECONSTRUCT BERM FOR CONTINUED DREDGE SPOIL CONTAINMENT. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. THERE IS NO PROCESSING, OR STOCK PILE AREAS, ANY ONSITE ROADWAYS WILL REMAIN TO PROVIDE CONTINUED ACCESS TO SPOIL SITE. b. Will any on -site roadways be left as part of the reclamation? Yes X No . If yes, identify such roadways on the reclamation map andprovide details on permanent ditch line stabilization. ROADWAY WILL REMAIN TO PROVIDE ACCESS TO SPOIL SITE. 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 Arior written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine maps) and reclamation map, along with a list of items to be disposed in said areas. OPERATION. NO SCRAP OR ABANDON EQUIPMENT WILL REMAIN AS A RESULT OF THIS -12- • is 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 ear -round seeding, including the time of seeding and the amount and type of seed, fertilizer, time and mulch per acre. The recommendations must include general seeding instructions for permanent revegetation and, if necessary, temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation -District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): As Needed To Be Determined By Test, Results FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): - 500 # Of 10-20-20 SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seedintz Dates: Seeding Rates: i SERICEA Jan I - Dec 31 254 -' COMMON BERMUDA to it 104 TALL FESCUE if ff 504 PENSACOLA BAHIAGRASS if ff 50# MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF. ANCHORING: 2 Tons Of Grain Straw Tacked With 200 Gals. Of Asphalt Per Acre OTHER VEGETATIVE COVERS - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing off trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Signature _ Date 1-18-C2 Print Name E, F- \.4 IP1U0 AJ _ Title A+I,bA I@Q6QS110L' Agency ,C-- Qcnja' o -T f 1J51� r°r�7011�' -13- 9 APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon 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 approximate acreage, ,Lor each AFFECTED CATEGORY ACREAGE Tailings/Sediment Ponds: Ac. Stockpiles: Ac. Wastepiles: Ac. Processing Area/Haul Roads: Ac. Mine Excavation: 4.8 Ac. Other: RECLAMATION COST/ACRE * X $ /Ac. - X $ /Ac. _ X $ /Ac. _ X $ /Ac. = X $ 2000.00/Ac. - Ac. X $ /Ac. = RECLAMATION COST $ $ 9,600.00 TOTAL AFFECTED AC.: 4.8 Ac. (TOTAL PERMITTED AC.: 4.8 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 e needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 4.8 Ac. b) Positive Drainage Ac. X $1,500.00 = $ 9600.00 SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ 9,600.00 X Permit Life (1 to 10 years): 1920.00 INFLATION COST: $ 1920.00 TOTAL COST = SUBTOTAL COST + INFLATION COST = $_ 113520.00 Total Reclamation Bond Cost: $ (round down to the nearest $100.00) REQUEST BOND BE WAIVED - SEE ATTACHED LETTER -14- APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and is contiguous to any highway; creek, stream, river, or other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must 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. NOTE: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTEDAREA, AS REQUIRED BY NCGS 74-50(b1). ❑ SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -15- NOTICE Pursuant to provisions G.S. 74-50(b I )of The Mining Act of 1971, Notice is hereby given that N.C.D.O.T. - FERRY DIVISION has applied on Z % —7e 6 D Z (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 4.$ acres located 5.5 (Mineral, Ore) (Number) (Miles) EAST of BATH off/near road 306 / 99 (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 regarding the specifics of the proposed mining activity, please contact the applicant at the following telephone number: . For information on the mining permit application review process, please contact the Mining Program staff at 7334574. Please note that the Department will consider anv relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the. aimlication review process until a final decision is made on the application. *** SEE ATTACHED PROPERTY OWNER LIST *** (Addressee/Owner of Record's Name and Address) FEBRUARY 27, 2002 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) N.C.D.O.T. - Ferry Division Morris J. Gray, Dredge_ Supt. (Name of Applicant: Include Contact Person & Company Name, if Applicable) P.O. Box 57, Hatteras NC 27943 _ (Address of Applicant) • • APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, Morris J. Gray_ _, 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 Iessor 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: 40 Div (Adjoining Landowner Name) (Address) See Attached List (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said office at the following address: (Chief Administrative Officer Name) (Address) [City Manager, County Manager, Mayor, etc.] P.O. Box 1027, 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 adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74.50(bI) and 15A NCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices we caused to be mailed and to provide them to the Department upon request. Signature of Applicant Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) I "rri (title of person executing Affidavit) I, Jodi A. Peele a Notary Public of the County of Dare , State of North Carolina, do hereby certify that Morris J. Gray appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. 11A11 n y hand ant seal, this 15`�` day of February 2002. Notary: My Commission expires: January 11, 2004 -17- _. '. •-._ . , . r., �, r -- '. �' . _ .. �.. ,�, ,, s t .� • • SITE 6671-38-7932 07-006972 DOT 898/997 j)11V 6443 CHERRY FRANKLIN SR o4 164 WARREN LANE BEL14AVEN-INC 27810 6483 JACK ARLIS MASON 260 RIVERS EDGE BATH NC 27808 8356 STEVE WEINBERG 11333 HWY 995 BATH NC 27808 4354 JACK ARLIS MASON JR 19 NC 306 HWY N BATH, NC 27808 5208 JACK ARLIS MASON 260 RIVERS EDGE BATH, NC 27808 5014 ROGER A. BROOKS 116 SOUTH MAIN ST. WASHINGTON NC 27889 5916 EDWAR WAYNE-RUSS 121 PINETREE PATH BATH NC 27808 5719 BOBBY VAIL DAVIS 736 KEMPSVILLE RD. VA BEACH, VA 23464 5617 ELIZABETH MASON 169 PINETREE PATH BATH NC 27808 i 5505 JANET BURBAGE 223 PINETREE PATH j BATH NC 27808 I 7504 HARRY F. PAUL 27 EASTPORT DR. SOUND BEACH, NY 11789 830 HARRY F. PAUL 27 EASTPORT DR. NY SOUND BEACH, NY 11789 u 1 8564 HARRY F. PAUL II ` 27 EASTPORT DR_ �I SOUND BEACH NY 11789 1061 JACK ARLIS MASON 260 RI VERSEDGE BATH, NC 27808 2206 JACK A. MASON 260 RIVERSEDGE BATH NC 27808 381 WILLIAM A. BRYAN JR. 1709 NEW BETHEL CHURCH DR. GARNER NC 27529 9298 WILLIAM DUPREI 1691 ALLAN WILLIAMS RD WILLIAMSTON NC 27892 8356 STEVE WINEBURG 11333 NC 99 SOUTH BATH NC 27808 0 • 8161 JACK ARLIS MASON 260 RIVERS EDGE BATH, NC 27808 8256 JACK ARLIS MASON 260 RIVERS EDGE BATH, NC 27808 11 APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: Signature: — 4� Print Name: N.C.D.O.T. - FERRY DIVISION Address: 229 NC 306 NORTH BATH, NC 27808 Telephone: 252-964-4521 APPLICANT: Signature:* Z '% ila 0 -?- Print Name: MORRIS J. GRAY Title: DREDGE SUPERINTENDENT Company: N.C.D.O.T.- FERRY DIVISION Mine Name: &I V 1 L` t AJ *Signature must be the same as the individual who signed Page 1 of this application. ,ing fee (see next page for fee schedule) in the form a check or money order )artment of Environment and Natural Resources must be sent to the Land the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. a k MINING A nonrefundable permit application processing fee when fling for a new mining permit, a major permit modification or a renewal permit is required as follows: TYPE ACRES NEW MAJOR PERMIT MODIFICATION RENEWAL Clay 1 but less than 25 $500 $250 $250 25 but less than 50 1000 500 500 50 or more 1500 500 500 Sand & Gravel, 1 but less than 5 150 100 100 Gemstone, and Borrow Pits 5 but less than 25 250 100 100 25 but less than 50 500 250 500 50 or more 1000 500 500 Quarry, Industrial Minerals, 1 but less than 10 250 100 100 Dimension Stone 10 but less than 25 1000 250 500 25 but less than 50 1500 500 500 50 or more 2500 500 500 Peat & Phosphate I or more 2500 500 500 Gold (Heap Leach), Titanium & Others 1 or more 2500 500 500 A nonrefundable $50.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership transfers, name changes, bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added to a permitted area, outside of the minimum permit buffer zone requirements, where no plans for mining related disturbance of the added lands have been approved. All other changes are considered major modifications. Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected 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. 1012000 -19- A 1IOR Francis M. Nevils, Jr., P.E. Section Chief Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Shinning Address: Land Quality Section 512 North Salisbury Street Raleigh, NC 27604 James D. Simons, P.G., P.E. - Chief Engineer ? - 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 IC- Lcumas, P.E. - Dam Safety Engineer Tam! Dodd - Assistant Dam Safety Engineer ? - Assistant Dam Safety Engineer Caroline Medlin, E.I.- Sediment Education Specialist Tabitha Brown - Sediment Education Intern Secretaries Hope Thompson - Lead Secretary Stephanie Lane - Sediment & Dams Susan Edwards - Mining LAND QUALITY SECTION REGIONAL OFFICES Courier - 52-0I-00 Telephone: (919) 733-4574 FAX No.: (919) 715418016 ? - LAN Coordinator ASHEVILLE MOORESVILLE WINSTON-SALEM RALEIGH RICHARD PHILLIPS, P.E. DOUG MILLER, P.E. MAT ['HEW GANTT, P.E. JOHN HOLLEY, P.E. Interchange Bldg. 919 North Main Street 585 Waughtown Street 3800 Barrett Drive 59 Woodfin Plate Mooresville, NC 28115 Winston-Salem, NC 27107 Raleigh, NC 27609 Asheville, NC 28801 COURIER - 13-15-01 INTEROFFICE COURIER - 12-59-01 COURIER - 09-08-06 (336) 771-4600 (919) 571-4700 (828) 251-6208 (704) 663-1699 FAX t1(336) 7714631 FAX # (919) 5714718 FAX # (828) 251-6452 FAX # (704) 663-6040 Alamance Allegbany Ashe Chatham Durham Edgecombe Avery Buncombe Burke Alexander Lincoln Caswell Davidson Davie Franklin Granville Halifax Caldwell Cherokee Clay Cabarrus Mecklenburg Forsyth Guilford Rockingham Johnston Lee Nash Graham Haywood Henderson Catawba Rowan Randolph Stokes Sorry Northampton Orange Person Jackson Macon Madison Cleveland Stanly Watauga Wilkes Yadkin Vance Wake McDowell Mitchell Polk Gaston Union Warren Wilson Rutherford Swain Transylvania Iredell Yancey FAYETTEVILLE WILMINGTON WASHINGTON WILLIAM (TOBY) VINSON, P.E. DAN SAMS, P.E. FLOYD WILLIAMS, P.G. 225 Green Street 127 Cardinal Drive Ext. 943 Washington Square Mall Suite 714 Wilmington, NC 28405-3845 Washington, NC 27889 Fayetteville, NC 29301 COURIER -164"1 COURIER - 14-56-25 COURIER - 04-16-33 (252) 946-6481 (910) 486-1541 (910) 395-3900 FAX # (252) 975-3716 FAX # (910) 486-0707 FAX # (910) 350-2018 Beaufort Bertie Camden Anson Montgomery Scotland Brunswick New Hanover Chowan Craven Carrituck Bladen Moore Carteret Onslow Dare Gates Greene Cumberland Richmond Columbus Pender Hertford Hyde Jones Harnett Robeson Duplin Lenoir Martin Pamlico Hoke Sampson Pasgaotank Pergnimans Pitt REVISED 10/2000 Tyrrell Washington Wayne 40 0 SCHEDULE OF RECLAMATION COSTS10/2000 a aPPiicos.aoh.WPd (Based upon range of $500 - „$„5, 000 per affected acre) COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill dirt, CS = Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI = Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine, KY = Kyanite/Sillimanite/Andalusite, PH Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other Tyke T/S Ponds S.piles W.piles 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, MI, 1500 (FI ) 2500 (PD) LI, PF, OL, KY PH 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) CL 1000(L) 2500 5000 5000 2000(L) 2500(FI) 3700(PD) PE, AU, 1000(L) 2500 3000 3500 2000(L) TI, OT 2500(FI) 5000(PD) (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM: FINAL GRADING COSTS PER ACRE - LIME AND FERTILIZER COSTS PER ACRE - YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) - MULCH AND ANCHORING COSTS PER ACRE - ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. • SITE 6671-38-7932 07-006972 DOT 898/997 6443 CHERRY FRANKLIN SR- 164 WARREN LANE BELHAVEN,NC 27810 6481 JACK ARLIS MASON 260 RIVERS EDGE BATH NC 27808 8356 STEVE WEINBERG 11333 HWV §93 BATH NC 27808 4354 JACK ARLIS MASON JR 19 NC 306 HWY N BATH, NC 27808 5208 JACK ARLIS MASON 260 RIVERS EDGE BATH, NC 27808 5014 ROGER A, BROOKS 116 SOUTH MAIN ST. WASHINGTON NC 27889 5916 EDWAR WAYNE RUSS 121 PINETREE PATH BATH NC 27808 5719 BOBBY VA1L DAVIS 736 KEMPSVILLE RD. VA BEACH, VA 23464 5617 ELIZABETH MASON 169 PINETREE PATH BATH NC 27808 5505 JANET BURBAGE 223 PINETREE PATH BATH NC 27808 7504 HARRY F. PAUL 27 EASTPORT DR. SOUND BEACH, NY 11789 830 HARRY F. PAUL 27 EASTPORT DR. SOUND BEACH, NV i 099 8564 HARRY F. PAUL 27 EASTPORT DR. SOUND BEACH NY 11789 1061 JACK ARLIS MASON 260 PVVERSEDGE BATH, NC 27$68 2206 JACK A. MASON 260 RIVERSEDGE BATH NC 27808 Ul W1 LIAM A. BRYAN JR. 1709 NEW BETHEL CHURCH DR - GARNER NC 27529 9298 WILLiAM DUPRET 1691 ALLAN W ECDAMS RD WILLIAMSTON NC 27892 8356 STEVE WINEBURG 11333 NC 99 SOUTH BATH NC 27808 • • 8161 JACK ARLIS MASON 260 RIVERS EDGE BATH, NC 27808 8256 JAGIC ARLIS MASUjV 260 RIVERS EDGE BATH, NC 27808 -EqYv14J NOF-TH L�Vmblw (r 0 ,PI 16Z AR3 ) C S ZSo• 31 c SAWDjo � 1 r �C � WR'TEK i c i T 8/ C- 3 3' � lob -----•� SELTtioN A -A T 8� 2D JL �, ,3' T 9 4, $ i SECT tOO 13— F3 �—// ��—/s � �wt _7 �//, A- 315� SECT1oN G-C AiDTE NOT TO SCALE AI-L ELEUprTtO�S Af-E ptipt�e-AKt m*TE MICHAEL F. EASLEY GOVERNOR STATE OF NORTH CAROLINA DEPARTMENT OFTRANSPORTATION PO BOX 25201, RALEIGH, NC 27611-5201 LYNDO TIPPETT SECRETARY November 2, 2001 'Mr. Tracy E. Davis, P. E. State Mining Specialist -NCDENR, Division of Land Resources 1612 Mail Service Center Raleigh, NC 27699 SUBJECT: Security/Reclamation Bond for Proposed DOT Mining Permit Operations This letter will serve to fulfill the mining permit security/bonding requirements, which mandate that a security/bond be posted before a mining permit is issued. This statutory requirement is to provide the Department of Environment and Natural Resources (DENR) the financial assurance that the reclamation costs associated with a particular permitted mining operation will be covered should the site be abandoned.' v As indicated in the cover letter attached to the mining permit application now under review by your agency, it is the intent of the Ferry Division of the Department of Transportation (DOT) to continuously recycle the dredge spoil/mining sites as long as the ferries in question are operational. However, in the eventuality that this site or any other mining operations permitted by the DOT are abandoned, the Ferry Division will engage the Division of Highways' respective Division Roadside Environmental Operations to mobilize and perform any necessary reclamation work required by the respective mining permit and the Mining Act of 1971. Once the necessary restoration work has been completed by the DOT and deemed acceptable by the DENR, it is the DOT's understanding that it will be released from further reclamation obligation for the site in question and its mine permit file will be closed by the DENR. This possible activity has been discussed with the Division management of the Ferry Division where in the Cherry Branch and Knott's Island ferry facilities are located and they are receptive to performing the work if needed. Respectfully, J rry Gaskill Ferry Division Director FERRY DIVISION 113 Arendell Street, Maritime Building — Room 120, Morehead City, NC 28557 Phone (252) 726-6446 Fax (252) 726-2903 0 ap)) STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MIKE EASLEY P.O. BOX 25201, RALEIGH, N.C. 27611-5201 GOVERNOR Hatteras Inlet Ferry Operations PO Box 57 Hatteras, NC 27943 February 27, 2002 `� 7 LL � t�� Mr. Edward Wayne Russ 121 Pinetree Path Bath, NC 27808 Dear Mr. Edward Wayne Russ; LYNDO TIPPETT SECRETARY The North Carolina Department of Transportation, Ferry Division is currently in the process of applying for a mining permit that would allow us to remove sand from our dredge spoil site near our ferry facility near Bayview, in Beaufort County, North Carolina. The mining permit application requires us to notify each adjacent property owner of our intent by certified mail. This letter serves to formally notify you that the permit application will be processed soon. If you have any questions regarding this letter or the pending permit please contact me at: Hatteras Inlet Ferry Operations P.O. Box 57 Hatteras, NC 27943 Sincerely, Morris J. Gray Dredge Superintendent PHONE (919) 733-2520 FAX (919) 733-9150 r323} C> 173 r21q} ,r, rNn 1 ! 7 (1.21A) �\ L ° N d 2574 N 6531 150 117 N Q N 211 INDq ED a 6 72 hl �f 1 °L Ol 36 L I (l371 Cn N LSD N CD +�f ( I.15A 1 —� i 5882co J 0 CV f 1w J — 1rg 62 3422cmn t 2; _O (10 (340 BEAUFORT COUNTY LAND RECORDS GEOGRAPHIC INFORMATION 1 r2�12 ( 3.76Ao ) 1230 306 k r'r) rr) ';:j- co cQ c9 } {q51) 99 99 cT " (152) M 104 (81) 158 i183f 285 A 1.85A 8356 f1.97A1 9334� ` 2368 ° 4259 — B N ° c 1.56A .15z 62 56- ` 2�3 5208 �9 `o CO � co ern V 8161 to --j W i 149? (7.84A) 159° N 1 ° oC 4.86A 106 I I� N 59I6- r4.80A 1 7932 NC DOTQ Awab� Nn 2.� 1A o12 f2OOA 7 95 5p 08o 30Y o501z co _ u 5 6 17 �—� IS? m I50 212 37 N N M 3.35A } r C9 M 139 - 160 199 Q `�' S�5°05M 7 ° 4 �° �" 95 95 1583 la3 r O O "' — 137 5 N ter- — a CD cc 3 6 c� °N p ° ° N f; coO �I u (� C"i631 I °/ =3Ng 9 1 IOA "' N �1101 0 2 OE 5 a> 2 3 4 ° !? O (93) 11 i rn � r� J 1 in = 272.49 feet Date: 11/08/01 THIS MAP IS PREPARED FROM RECORDED DEEDS, PLATS AND OTHER PUBLIC RECORDS DATA. USERS OF THIS MAP ARE HEREBY NOTIFIED THAT THE AFOR- MENTIONED PUBLIC PRIMARY INFORMATION SOURCES leg -1 SHOULD BE CONSULTED FOR VERIFICATION OF THE INFORMATION CONTAINED ON THIS MAP. 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