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Energy, Mineral & Land Resources ENVIRONMENTAL DUALITY December 1, 2017 Louland LLC Louland LLC PO Box 96 Pantego, NC 27860 RE: Mining Permit No. 07-53 Louland Pit Beaufort County Dear Louland LLC: ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4, 2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site or for the duration of the lease term. The "life of site" means the period from the initial receipt of a permit for the operation until the mining operation terminates and the required reclamation is completed. Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior expiration date to convert your permit to a life of site or lease permit effective immediately. No action is required on your part for this modification to be effective. Please attach this letter to your existing mining permit for future reference. The mine name and permit number on the permit document, and all existing operating and reclamation conditions contained therein, shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new, transferred and modified mining permits. In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee of $400 per mining permit number, By statute, the initial payment of this annual $400 fee must be submitted to this office by December 31, 2017 — see the attached Invoice to remit the initial annual fee payment by this deadline. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a $50/month late fee and could result in the denial of future permit actions and/or revocation of your mining permit. Lastly, pursuant to GS §714-54, the cap on reclamation bonds has been raised from $500,000 to $1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations remains with you. Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy Wehner, Assistant State Mining Specialist, or me at (919) 707-9220. Sincerely, William "Toby" Vinson, Jr., PE, CPM Interim Director, DEMLR State of North Carn[ina I Env ironmental Quality I Energy, Mineral and Land Resources 512 N, Salisbury Street 1 1612 Mall Service Center I Raleigh, North Carolina 27699.1612 919 707 9200 NC Department of Environmental Quality D� Division of Water Resources — May 24, 2018 Public Notice of Central Coastal Plain Capacity Use Area (CCPCUA) W, 'lte,our�c Permit Applications Received (R) and Proposed Permits to be Issued (P) In accordance with G.S. 143-215.15 (d), notice is hereby given of receipt (R) of or proposal (P) to issue the following Applications for Water Use Permits In the Central Coastal Plain Capacity Use Area, Permit Parmitteo County Purpose Amount Aquifer Status No, (gpd or gpy)" CU3317 Lowland, LLC Beaufort Public Supply 388,000 gpd Surridal Q +� P (Louland_Pit) __ CU3318 Johnnie Tyndall - Lenoir Agricultural 720.000 gpd Peedee RIP Rhodes Farm Irrigation 196,871,875gpy Peadee! CU3308 Town of Wllllemston Martin Public Supply (539,375 gpd) Upper Cape Fear RIP —`gpd —gallons per day Spy — gallons per year Detailed notices are available for review at www.ncwater,org/CCPCUAnoticas, or by request. Applications, draft permits, and supporting documentation are available for review at the DWR office In the Archdale Building at 512 North Salisbury Street In Raleigh, North Carolina (phone: 919-707-900a.natlr: C PC A G t .n net . Those wishing to comment on received applications (R) or Proposed peirnit`ii{P�Is►1o�d sutiinllt1 n comments to the Division of Water Resources. Proposed permits (P) shall become final unless, within 18 business days of Issuance of a notice which Is June 19 2018, a request for a hearing is mad �qry(/ w88��r�s jj���'�ng to contest the proposed action may be entitled to a hearing upon a timely request. The resift) witlYydlid�tr4�nilation for a hearing, should be submitted to the return address on the front of this card. LAND QUALITY [01NING PROGRAM Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY Mr. Bobby,,Armstrong Louland LLC PO Box 96 Pantego, North Carolina 27860 RE: Permit No. 07-53 Louland Pit Beaufort County Tar River Basin Dear Mr. Armstrong: ' , September 29, 2017 ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director 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 September 29, 2027. 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 attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 4D and 10E and Reclamation No. 3. As a reminder, your permitted acreage and affected acreage for this site are both 30.77 acres, as indicated in the application and on the Mine Permit Map last revised June 1, 2017. Please review the renewed permit and contact Judy Wehner, Assistant State Mining Specialist, at (919) 707-9220 should you have any questions concerning this matter. 19 TEDIjw. Enclosures cc: Mr. Samir Dumpor, PE Mr. Robert Patterson, PE, DEMLR Stormwater Program Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 512 N, Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 919 707 9200 r r DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES 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: Louland LLC Louland Pit Beaufort County - Permit No. 07-53 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: September_29, 2027 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environmental Quality, 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 foe. 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 felease.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 pof 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. Definition's Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications July 17 2011: This permit has been modified to increase the permitted and affected acreage at this site to 30.77'acres as indicated 'on the mine map last.'revised March 7, 2011. The modification includes expansion_ of the excavation limit to the north, east and west. Secondly, the"modification allows for dewatering activities by pumping pond to pond..,' -thirdly, the modification allows the importing of clean construction materials for reuse and the temporary stockpiling of asphalt for recycling. Expiration Date a This permit shall be effective from the date of its issuance until September 29, 2027. Page 3 , 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., B. .'Ariy stormwate'r,runoff from the affected areas at the site shall be,in accordance with any applicable permit requirements and regulations promulgated by the. Environmental Protection Agency and enforced by the N.C. Environmental Management,ComMission. It shall be the permittee's responsibility to contact the Stormwater',Program;to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the `permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed)'shall be maintained,between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers_ including but not limited to diversions, earthen dikes, sediment.check dams, sediment retarding structures,, rip rap pits, or ditches shall be provide'd'in the initial stages of any land disturbance and maintained to 'prevent sediment from discharging onto adjacent'surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected areas around the mine excavations shall be diverted internal to said excavations. C. No pit water shall be discharged beyond the permit boundary and a minimum of one (1) feet of freeboard shall be maintained at all times in both mine pits. If the minimum freeboard is reached, all mine dewatering activities internal to the site must cease. Page 4 D. Mining activities shall occur as indicated on the Mine Permit Map last revised June 1, 2017 and the supplemental information received on June 15, 2017 and July 24, 2017. . 5. All mining permit boundaries (30.77 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by'vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of 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. Sufficient buffer (minimum 25 foot unexcavated) shall be maintained between any excavation and any mining permit boundary to' protect adjacent property. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Division of Energy, Mineral and Land Resources, Department of Environmental Quality. The mefhod'of disposal shall be consistent with the approved reclamation plan. It 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 Energy, Mineral and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables Page 5 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 Energy, Mineral and'Land Resources rior 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. E. Temporary stockpiling of off -site generated clean construction materials (concrete, brick, used stone, soil and.old asphalt) shall be conducted as indicated,on the Mine Permit Map last revised June 1, 2017. 1 it ' A 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such 'changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $26,500.00 Assignment of Savings Account, is sufficient to cover.the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized ,representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ -.encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which.continues beyond the.terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials, shall be at such an angle as to minimize the possibility of slides and be consistent'with the future use of the land. 2, Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to l ecome 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 in, These activities shall be conducted according to the.tinie schedule included in the plan, which'shall to the extent feasible provide reclamation simultaneous with mining operations and in `any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation schedule, -the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through. E. E. The affected land shall be graded to prevent the collection of noxious or foul water. ' 3. Reve etation Plan: After site preparation, all disturbed land areas shall be revegetated as per the Revegetaion. Plan approved by Mr. Hood, L. Richardson of Hood Richardson PA on .tune 9, 2017.' u Whenever possible, disturbed areas should be vegetated- with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with .the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall _be conducted simultaneously with mining to the extent feasible. In any event,' reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation; including revegetation, shall be completed within two years of completion or termination of mining. , This permit, issued January 25, 2007 and modified May 17, 2011, is hereby renewed this 29th day of September, 2Q1 pursuant to GS 74-52. By: Tracy E. Davis, PE, CPM, Director Division of Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environmental Quality I ,NCGRID . . ...... ... F4AW� 1AW ' -o x. Jr. A- ... ......... . ......... ... . ... ...... ..... SIL T FENICE 001' TO SCALE) 10 X ar 9- .......... .......... CLOSURE BARRICADE. BoNt4ER BRUCE ALLEN o3-B-332 PLAT CM. A. SLIDE 14 MM# LMV M rLAT I J. ONIM UNCONTAMINATED SOW, STONE, CONCRF� WITHotyl' RUAR OR OTt". CLEAN INERT CONSTRUCTION MATERIAL MAY SE USM3 POP, BENU10A], 44, POND WATFA MAY BE USED U.) IKRIGA";CROPS. cr I te ... .. ... ... . .......... .. ....... . . ... . . .. . .......... — .. . .... ..... ........ ... .............. .. . .......... . . . . . .......... 2, '1 2 (y x (0 CONSTRUCI10N ENFRANCE PAVED 9. ... .......... rX All- BOBBY ARMSTRONG LOULAND, LLC AR L APP11CANT: 0 BOX 96 PANTEGO, N-C. 27,W)'t "o m I vtiv;w g �j ps /IHEET 1 OF 2 MINE PLAN rn 0 NFW IRON PIK`, lk)LILAND, I'Lc Jk R PERMIT RENEWAL zz FOUND IRON HVE OWNER: P,0- BOX 96 .. . .. ........ ... ... ... ....... ....... . ... . ... ... ...... . ......... ...... . .. . . ....... ..... ....... ...... . .... . rn K..N m PVC, PIPF c ....... J 01 > ....... . .. R PVC PIPE 0VV 'W IRON PIPE 000H ARROW, f)LWATtkmf,, KtA,LS 92 0 DITCH > 9TOD GR AVhL SEDIMENTTRAll MAP MINE PERMIT: IJ MIYNE PF-,RMlnT:I AF� ADDI-MON SITE P� LOULAND PIT . . . . . . . . . . . . . . R.) ExIslINC3 1+1AMIT LEECH 3EECH RIDGE ROAD .SlJRFA('l,'. WATER FLOW . . . ... P-PATEGO TOWNSHIP Bf-,'ALJ-OR� NORTH CAROLINA `JPV[Y 0�,TE: JANUARY 12 10 WF" f 2 WD SlRtrt G AM 01 - 00A Wehner, Judy From: Novak, Gary Sent: Friday, August 18, 2017 12:48 PM To: Wehner, Judy Cc: Dumpor, Samir Subject: Louland Pit 07-53 Judy, The operator has taken care of the dewatering pipes (removed them). Therefore, 1 do not have any comments to add for this permit renewal. Have a good weekend, Gary A. Novak Environmental Senior Specialist Department of Environmental Quality Division of Energy, Mineral and Land Resources 252-946-6481 ext. 3860 a .novak ncdenr, ov Washington Regional Office 943 Washington Square Mall Washington, North Carolina 27889 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties "Keep Calm and Carry on" Winston Churchill w �� 11 0 0 MINING CHECKLIST FOR ROUTING x AppIicant's Name. ProiectName: /^ r Applic./ Permit No: County: _ .�.�.� ,- _ Date Received. N Reviewer:, i River Basin Name: ❑ New Renewal ❑ ❑ Modification (outside permi ndaries) ❑ ❑ Partial Release itionai Information ❑ Modification (inside permit boundaries) Transfer ❑ Release Fee Needed: S ❑ Fee Received: $ Please route entire application package to: � €J1 j# " '— Regional Office (z empiete copies; attach the "LQS ItegimW Mice Mining Application Review Checklist" to one copy and ach bah the DAQand DWR "Mining Application Review Form" to the other ropy; seal both copies to the Regional Engineer) Date: Routed Rec'd ❑ Division of Water Resources Date: Routed Rec'd ❑ NC Wildlife Resources Commission Date: Routed Rec'd ❑ US Fish dr Wildlife Service Date: Routed Reed (Only new applications and ma hfication requests that add load to the permit) Please route first x times of the apblication and anv location mans to: ❑ Division of Paris 0 Recreation Date: Routed ❑ NC Geological Survey Section Date: Routed ❑ Division of Marine Fisheries Date. Routed ❑ Division of Soil & Water Conservation (plus LEA) Date: Routed (Only new applications and modifications requests that add land to the permit) ❑ Division of Archives it History Date: Rotated (Only new applicants) ❑ Other: Date: Routed Rec'd Rec'd Rec'd Rec'd Rec'd Rec'd *g' Suspense Date for Comments: p . i (no later than 25 days from receipt) ❑ please note the following: I 'e- 0 0 Hood Richardson, PA (C-576) 110 West Second. Street Washington, North Carolina 27889 (252) 975-3472 July 18, 2017 Certified: 7009 2250 0002 7303 5690 Mrs. Judith A Wehner Assistant State Mining Specialist NC Department of Environmental Quality 1612 Mail Service Center Raleigh, North Carolina 27699-1612 RE: Louland Pit Mining Permit No. 07-53 Beaufort County Tar River Basin Dear Mrs. Wehner: I am responding; to your letter Dated July 12 2017. 1. The latitude and longitude for this mine is: 35.5930 degrees North and 76.6408 degrees West. 2. Dewatering pipes located on the .Louland permit area are being removed. The permit holder desires to first renew the permit. After renewal is complete Louland, LLC may then apply for a dewatering permit. 2. Not applicable, see item 2. above. Attached: Letter from Louland, LLC Sincerely yours, Hood L. Richardson, PE, PLS, PG 0 0 /-I __ �> it;apt 9i NC L °MON 07/18/2017 NC Department of Environmental Quality, Division of Energy, Mineral, and Land Resources 943 Washington Square Mall Washington, NC 27889 Attention Mr. Gary A Novak, Louland,LLC has teased all dewatering activity and has removed the pipe from the pefrnitted area. We do not wish to apply for a dewatering permit at this time. Bobby Armstrong CC: hood Richardson, PA We partw CarnpWt Land Drveinlsrnant $cruxes RECEIVED _AND QUALI_F� '' 11NING PROORO' 0 I* Energy, Viri era[ & Land Resources ENVIRONMENTAL QUALITY Certified Mail Return Receipt Requested 7015 06400007 9832 9300 Mr. Bobby Armstrong Louland LLC PO Box 96 Pantego, North Carolina 27860 RE: Louland Pit Mining Permit No. 07-53 Beaufort County Tar River Basin Dear Mr. Armstrong: 40 ROY COOPER M Covernor MICHAEL S. REGAN Secretary TRACY DAVIS Director July 12, 2017 We have reviewed the renewal request your company submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with GS 74-50 and 51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: 1. Provide an accurate latitude and longitude in decimal degrees to a minimum of four places. 2. Evidence of dewatering was observed at the site. Provide more information regarding the dewatering activities and provide proof your company has obtained the necessary permits from the Division of Water Resources Ground Water Management Branch (CPCUA) and Stormwater Permit (NCG02) 3. Show the location of the discharge pipe in the canal and associated erosion control measure on the mine map. Provide a construction detail for each. Include the access road to its intersection with the state maintained road within the permit boundary. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note this office may request additional information, not included in this letter, as the mining application review progresses. State of North Carolina I Envtnnnnimtal Quality I Erlcrgy, Mineral and Lartd iZcsoumes 512 N. Salisbury Street I i672 Mall Service Center I Raleigh, North Caro€1na 27699-1612 419 707 9200 i s1 b# 0 Certified Mail Mr, Armstrong 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: Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline cannot 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) 707-9220 if you have any questions. ncerely, yvv� 0&4 Judith A. Wehner Assistant State Mining Specialist Enclosures cc: Mr. Samir Dumpor, PE • ! Wehner, Judy From: Tankard, Robert Sent: Friday, July 07, 2017 7:18 AM To: Wehner, Judy; Dumpor, Samir Cc: Novak, Gary; Edgerton, Thom; Pullinger, Robert C Subject: FW: 07-53 DWR REVIEW SHEET 2013 Attachments: 07-53 Louland Pit (Beaufort -Renewal) 20170706.doc Judy, please find our comments for the above mine. Thanks! Robert From: Pullinger, Robert C Sent: Thursday, July 06, 2017 4:28 PM To: Tankard, Robert <robert.tankard@ncdenr.gov> Subject: RE: 07-53 DWR REVIEW SHEET 2013 Robert, Please find attached the mining permit application review form for the Louland Pit in Beaufort County. The applicant suggested that they would not be dewatering from the site (instead pumping from pit to pit), but there is an overflow spillway on one of the pits shown on the plan sheets that would be a point of discharge, and therefore would likely need an NCG02 permit, or for the spillway to be blocked/removed. Also, there is a note on the plan sheets that describes what is thought to be "beneficial fill", but it looks like an old definition, and would need to be updated (to remove things like concrete of any kind, which don't count as beneficial fill any longer). Chris Pullinger Environmental Senior Specialist Division of Water Resources — Water Quality Regional Operations Department of Environmental Quality 252 948 3922 office chris. ullin er ncdenr. ov 943 Washington Square Mall Washington, NC 27889 From: Tankard, Robert Sent: Tuesday, June 20, 2017 8:44 AM To: Pullinger, Robert C <chris, ull ingere ncdenr. ov> Subject: FW: 07-53 DWR REVIEW SHEET 2013 From: Wehner, Judy Sent: Thursday, June 15, 2017 12:20 PM To: Tankard, Robert <robert.tankard@ncdenr,gov> Cc: Dumpor, Samir <samlr.dumpor@ncdenr.gov>; Novak, Gary < ar .novak ncdenr. ov> Subject: 07-53 DWR REVIEW SHEET 2013 i Co01,1 ■ Complete items 1, 2, a. J. Also complete item 4 it Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you, ■ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to. MR BOBBY ARMSTRONG LOULAND LLC PO BOX 96 PANTEGO NC 27860 A. �igature X �- ❑ Agent ❑ Addressee P. Received Nf Printed Name) G. pate of Delivery �-a!�-� D. is delivery address different from Item 1? 0 Yes If YES, enter delivery address below: 0 No RECEIVED 3. service Type Ceftlfied Mall Exp�ra�ssc .Mail "RQU-exiu+rv� Merchandise ❑ Insured Mall C.O.D, z, Article Number 4, Restricted Delivery? (Extra Fee) 13 Yes {7015 0640 0007 9832 9300 Transfer ficm service labs!) PS Form 3811, February 2004 Domestic Return Recelpt '7 i— toa�ss-az•i� ts�n ................. .... • i Here's the review sheet for the renewal of the Louland Pit in Beafort County. Ir • ................................. Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. MINING PAMIT APPLICATION ROIEW FORM for the DIVISION OF WATER RESOURCES Project Name Louland Pit DEMLR Permit 07-63 lira.harris@armstrongincorporated.com PERMIT ACTION TYPE: Renewal �c It YES County Beaufort Applicant's Email: NO Date Commenciri Have land disturbing activities started? Date? 7 t F _2007 Latitud 35.590265 Longitude:-76.64014 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: 717/2017 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Yes Comments: There is an overflow spillway shown on the plan sheets that would likely need an NGG02 permit, or needto be removed. Also the note on the plan sheet describing what qualifies as beneficial fill needs to be revised/updated. Watershed/Stream Name & Classification: UT to Cuckolds Creek Chuckolds Creek); SC NSW Tar -Pamlico Rivber Basin DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in RIMS? Is an O & M Plan needed? YES t Does DWR RO suspect or know of nearby F r F l wetlands to the site? PRII SantRmhAr min Print this form to PDF Retum PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee 4 �,ed Iti.Tit < <� ` E S �sy .:5 x: `<• 777 t [[ ♦gyp - _< E <; '<.. " v ,)T, r!. Stream Determination Needed? F- c g� B .. waream itit © p��t ? ... s SEP�i Does DWR RO need a statement that no wetlandsistreams are disturbed F { FT for this project from applicant? Hi 'e►� 9 Aft Needs? F r FT _.` Buffer Determination Completed? F t i✓ c R W 1jt rn,perm�t e�cistir '' {P ' c 1 . rmrt# New Recycle System permit required?* Enough information to determine? 01Orm dxisfilr?... =r Perrnt. (Unknown. Will wastewaters discharge to HOW waters 1— r7Q.10 Permittee with a 7Q10=0? Flow: must determine. f r O&I l 1 equiremerrts .Y C., ciQWf7i�1C Ooncems i ; : Op` D i rsgr� re aENILR to hoid' ' the '- -'- i'a back fees ,or renew j IaWR Cant ne�riiew it f irther r ..' ` b s� ! J"ore in ornnatio y' } i )?le s6)d Ibe the re son '9 9 void tide permit' �. yRf t p i a GHold"Until. ..} . _.. Mine does not propose to dewater, instead to use water Mine must wait to dewater until an O&M plan is to irrigate, but shows an 1— approved? overflow spillway that would be a dis_chargeldewatering Reviewed bv: DWR g_ g _ RO Surface Water: Chris Pullin er Regional Office: Washington (WaRO) Date: July6, 2017 RO Aquifer Protection Section: Regional Office: Date: Rats F;FntAmhar min 0 • • ROY COOPER MICHAEL S. REGAN S, JAY ZIMMERMAN Water Resources ENVIRQNMEN 7 AL QUA LI I July 5, 2017 MEMORANDUM TO: FROM: SUBJECT: Ms. Judy Wehner NCDEMLR-Land Quality Section Gabrielle Chianese Ground Water Manag rnent Branch Division of Water Resources JUL0 3 2017 LAND QUAL17-Y MINING PROGRAM Comments on the Mining Permit Renewal Request for: Louland LLC Louland Pit Beaufort County Please find attached a copy of the mining permit renewal request for the above referenced project. The Louland Pit 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 mine starts to withdraw 10,000 gpd to 100,000 gpd of water, they will need to re ister their water withdrawals and if this mine starts to withdraw 100,000 gpd or more of water, they will need to obtain a CCPCUA water withdrawalpermit. A Central Coastal Plain Capacity Use Area (CCPCUA) water withdrawal 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 please contact the Division of Water Resources at (919) 707-9008 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-161.1 161 for go online to www.newater.org/CCPCUA. State of North Carolina ! Environmental Quality [ Water Resources 1611 Mail serviee Center I Raleigh, North Carolina 27699-161 I 919 707 9000 0 • „ Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Land Quality Section June 15, 2017 SUBJECT: Mining Permit Renewal for Louland, LLC Louland Pit Beaufort County ® Mine Dewatering Proposed • ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director Li No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater, estuarine, or marine fisheries (G.S. 74-51 (2)). Please respond by July 7, 2017 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. /bmh Attachments Cc: Mr, Samir Dumpor Nothing Compares-,-. - State ul North Car olkna € En0forimcnial Quality I Lnergy, %Mine; al 111)d �arld RtsY)Urccs S!Z N`. S,aNsk�ury 5t rect 1612 Mail Service Center I Ital€ ic�li, lVr�rfih C.rralirla 2,'ivr}y_�t l'r 9114 01 y100 4) • ! i .zk 3:a Energy. Mineral & Lariat Resources ENVIRONMENTAL QUALITY ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director June 15, 2017 RECEIVED. r MEMORANDUM �NJ) .. TO: Ms. Maria Dunn 1tNING RpGR, V Habitat Conservation Program Coordinator Resources Commission Wildlife �� JUN 2017 FROM: Brenda M. Harris 1 &5-7Vb Mining Program Secretary RECEIVE Land Quality Section Hwgtk SUBJECT: Mining Permit Renewal for Louland, LLC ��� 9 9 V Louland Pit Beaufort County Please find attached for your review a copy of the mining permit renewal request for the above Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2). Please respond by July 7, 2017 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation in the review of these types is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibmh Attachments cc: Mr. Samir Dumpor -57'Nothing Compares_ 5talc oiNorth C;�rt�lin� GnsnonnicnYal CZu�lity � �nrrgy. Minr,ral a7nrl l �inel ��•.�;uurres 572 N, Sali,Eurry SI f eck € Ib12 Mail Servicc Ceriler I RaIciyh. h u��h i �cnlina 2'Ibc! s 1b1 "� 919 lc); 9200 0 • Wehner, Judy From: Novak, Gary Sent: Friday, June 30, 201711:56 AM To: Wehner, Judy Cc: Dumpor, Samir Subject: Comments for Turkey Path P# 54-62; Louland Pit renewal P# 07-53 Attachments: DAQ comment sheets Louland and Turkey Path.pdf Judy, Attached are DAQ comment sheets for the above mines Turkey Path Pit 54-62 Comments: site visit on 6/27/17 1- Receipts from notified landowner not provided. 2- Pg. 9 C-7 A visual screen is needed especially the southeastern corner of the permit - very near residential housing, 3- App shows proposed depth of excavation is approx..15 feet (The mine is active due to the approved single source borrow). Very close to that limit, Recommend a revision of that depth, 4- Pg. 8, C-5b No information provided for undisturbed buffers — recommend 50 foot undisturbed buffer along the eastern property line. 5- Where does the dewatering discharge going from the permit area? Not very clear on the map. A drainage ditch is within 40 feet of the proposed outlet of the pit. Google topo shows the drainage ditch a possible blue line ditch. Single source borrow lenoi-2017-009 will be closed out after the permit is approved. Louland Pit renewal 07-53 comments: site visit 6/21/17 As stated above DAQ comment sheets are attached. 1- Pg. 6 C-3b. Revise and change the answer to yes. The mine was discharging into the intercepting canal. Do not have any information about a NCG02 application. 2- Map doesn't the pipe installed to the canal- revise the map to show the location of the pipe and the erosion control device at the outlet. 3- Pg. 7 C- 3c & d revise the box to yes and provide details of the amount of discharge etc. 4- Pg. 8 C- 5 Map doesn't show any 25 foot wide undisturbed buffer. May consider changing the statement to unexcavated buffer. as �Ly h6UW I will be on vacation from Monday July 3 thru July 1211 1 will be back in the office on July 13tn Have a great 4th of July Holiday, Gary A. Novak Environmental Senior Specialist Department of Environmental Quality Division of Energy, Mineral and Land Resources 252-946-6481 ext. 3860 a .novak ncdenr. ov Washington Regional Office 943 Washington Square Mail . Washington, North Carolina 27889 w Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties "Keep Calm and Carry on" Winston Churchill 0 • d /Yprcr, &Nr iZ `7 MINING INGPERMIT APPLICATION REVIEW FORM for the DIVISION OF Air. 0UAL1T"Y Projeot/Number: L 00 P0-Y2) Gaunty. R62- r- Please return comments back to: L"L Comments due, by: Will the operation, as proposed, violate standards of air quality`?_ Comments: YES 1VO Ail- permit required 2-( Air. permit existing (Permit# Other Comments; Reviewed by: pate: Print Name: ACM6 per tra! office ftvieW6rt. JUN 21 2017 ,;, JUN :2 9 2017 'RAV 080 2006 0 • i • MINING CHECKLIST FOR ROUTING a Applicant's Name:ProjectName: i Applic./ Permit No: C" County: ' 44, ' C , - Date Received: U, r Reviewer:' A.� River Basin Name: —411,11IA2 ❑ New Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release ❑ Additional information ❑ Fee Needed: . Fee Received: s 'r Pleq route entire application package to: in P" j:j I �1 �, 'i` ��.` " `""" .,Refit Office (2 c�lctt copJe� attach the LQS Regional � Miming Application Review Checklist" to one attach both t DAQ 5 D WR "MiBMg Application Review Form"to the other cope; send both copies to the Regional Engineer) _ --', Date: Routed ram_ Rec'd . f Division of W terResources Date: Routed Reed NC Wildlifesources Commission Date: Rained Rec'd ❑ US Fish & Wildlife Service Date: Routed Reed (Only new applications and modification requests that add land to the permit) Please route just 3 pages of the application and afty location Tqs to: ❑ Division of Parks it Recreation Date: Routed Reed ❑ NC Geological Survey Section Date: Rooted Rec'd ❑ Division of Marine Fisheries Date: Routed ❑ Division of Soil & Water Conservation (plus LEA) Date: Routed (only new applications and modifications requests that add land to the permit) ❑ Division of Archives i1 History (Only new applicants) ❑ Other: Date: Routed Reed Rec'd Reed Date: Routed Rec'd Suspense Date for Comments: � 7 i (no later than 25 days f rom receipt) ❑ Please note the following: e -2A 3 ROY COOPER Governor 4-' Energy, Mineral & Land Resources ENVIRONMENTAL QUALTTY June 15, 2017 MEMORANDUM TO: Ms. Maria Dunn Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris ! a-510� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Louland, LLC Louland Pit Beaufort County MICHAEL S. REGAN Secretary TRACY DAMS Director Please find attached for your review a copy of the mining permit renewal request for the above Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries {G.S. 74-51 (2). Please respond by July 7, 2017 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all reining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. if your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS „TO THIS OFFICE. Your continued cooperation in the review of these types is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ir�0 Attachments cc: Mr. Samir Dumpor %'Nothing Compares--�-.�. State rif Narth Carolina I Environrnental Quaf ity Energy, M'rnerul and Land Resources 512 N. Salisbury Street I612,Vail Service Center Ralr ic�h, Nprth Carolir:a 17 9�) 1blZ 919 707 9200 i H 7� Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY June 15, 2017 MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Land Quality Section SUBJECT: Mining Permit Renewal for Louland, LLC Louland Pit Beaufort County © Mine Dewatering Proposed i ROY COOPER Governor MICHAEL S. REGAN secretary TRACY DAVIS Director ❑ No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater, estuarine, or marine fisheries (G.S. 74-51 (2)}. Please respond by July 7, 2017 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibmh Attachments Cc: Mr. Samir Dumpor Nothing Compares—, Stale of Nui-th Carolina t Environment[ Quality I Energy. Nineral and Lend Resources 512 N. SalisburyS" et j 1612 Mail Service Center I fiaftigh. North Carotna 27b99-lb12 919 707 9200 �J Southerner � iiAlh���cn $ Voxc) ,�-a ° - LARS 1e o."�0......: • 0 • i Wehner, Judy From: Wehner, Judy Sent: Thursday, June 15, 2017 12:20 PM To: Tankard, Robert Cc: Dumpor, Samir; Novak, Gary Subject: 07-53 DWR REVIEW SHEET 2013 Attachments: 07-53 DWR REVIEW SHEET 2013.doc Here's the review sheet for the renewal of the Eouland Pit in Beafort County. Print this form to PDF OfRMIT PDFcf this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. MINING APPLICATION AVIEWFORM for the DIVISION OF WATER RESOURCES Project Name Louland Pit DEMLR Permit 07-53 lisa.harris@armstrongincorporated.com PERMIT ACTION TYPE: Renewal YES County Beaufort Applicant's Email: NO 7( F-t Have land disturbing activities started? Date? F- { Latitud 35.590265 Longitude:-76.64014 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: 7/7/2017 SECTION BELOW TO BE FILLED OUT BY DWR: Date Commencing _2007 Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments: Watershed/Stream Name & Classification: DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: 1s this mine an active permit in BIMS? Is an O & M Plan needed? YES NO .� �tl�lk'1+�±81'boo I � - Does DWR RO suspect or know of nearby wetlands to the site? Rav Santpmhar 2m n Print this form to PDF .. ............ .... .. .............. ......... ...... ... . ........ ..... . ........ ...... PDF of this form to DEMLR CO by email. cc OEMLR RO, DWR SPU. Send a copy to the permittee. Stream Determination Needed? F [ F t Does DWR RO need a statement that no wetlands/streams are disturbed for this project from applicant? Buffer Determination Completed? F c F i�cycie s�`r�' psrnit existing?, ..; f rPern�t r a,.. _: ,� , � : ;� New Recycle System permit required?* F F Enough information to determine? . r PeJrm f 1806 s permit existing? RRu Rantamhar 7ni n 0 0 Hood Richardson, PA (c-s76) 110 West Second Street Washington, North Carolina 27889 (252) 975-3472 June 13, 2017 NC Division of Environmental Quality Land Quality Section 1612 Mail Service Center Raleigh, N. C. 27699-1612 RE: Mine Permit Renewal Louland Pitt Permit Number 07-53 Beaufort County Gentlemen: LAND QUALITY MINING PROGRAM This a request to renew the above described mine permit for an additional the years. The renewal of this permit will not invoke any of the seven denial criteria listed in G. S. 74-51 (d). (1) No rules will be violated by the continuation of this operation (2) The operation is self contained, near surface and will not adversely affect ground or surface waters. (3) The continued operation will not adversely affect air quality, surface water quality or ground water quality. (4) The operation is isolated with no dwellings, schools, churches, hospitals, commercial or industrial buildings, public roads or other public property within 500 feet and for some of these items several miles, (5) There is no public park, forest or recreation area within several miles of the mine site. (6) Previous experience at this site and other similar sites indicates there is very little possibility of off site sediment accumulation in stream beds or lakes, landslides or water pollution. (7) There are no known active or inactive violations of the items listed in "a." thru "e." of this item. There is no change is the bonded reclamation areas set out in the original permit. A check for $1,000.00 and six sets of applications with mine and reclamation maps are enclosed. Sincerely you , ood L. Richardson, PE 0 APPLICATION FOR A HANG PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION RECEIVED APPLICATION FOR A MINING PERMIT I i N y (PLEASE PRINT OR TYPE) LAND QUALITY MINING PROGRAKI 1. Name of Mine Louland Pit County Beaufort River Basin Tar -Pamlico Latitude (decimal degrees to four places) 3 3 degree North Longitude (decimal degrees to four places) 76,640 ees West 2. Name cif Applicant* Louland, LLC 3. Permanent address for receipt of official mail** P. O. Box 96, Pantego, N. C. 27860 Telephone (252 ) 943-2082 Alternate No. L NIA 4. Mine Office Address P. O. Box 96, Pantego, N. C. 27860 Telephone (252 ) 943-2082 5. Mine Manager Bobby Armstrong 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 s E I V E� l �C l Print Name_ Bobby Armstrong '7 2017 Title Owner LAND QUALITY MINING PROGRAM * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond securi 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. HOOD F ICHARDSON, 1:A, ENGINEER LAND SURVEYING 110 WEST 2ND St. ENVIRONMENTAL CONG.uLTINCi WASNINGTON,: NC 27889 PERMITS 2521975 9472. £-MAIL: h[l018Pd,%bnpsGembaj mall:com . 0 PANTEGO QUADRANGLE No'k-'H,CAROLINA-BEAUFORT CO. Bishops - 7.5-MINUTE SERIES Cross; f 1000 1000 0 /Q 59 - .Pantego--.1 w a i i.. SCALE 1:24 000 0.S 0 KILOMETERS 1 �..-..._LES _ 1000 �;2000 3ppp q 50pp 6000 ct FEET !CONTOUR INTERVALS FEET t NORM AMERICAN VERTICAL. DATUM OF 1988- • 0 Beech ow 0 0 0 0 APPLICATION FOR A MAG PERMIT 0 NOTE: All of the following questions must be thoroughly answered regarding your mining operation for The intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply- RN/Al f this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: X if this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered y the existing permit: Mining Permit No.: 07-53 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 30.77 ❑NfAIf this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes ❑ No ❑. If Yes, indicate the acreage to be covered. by this modification (this is the acreage that the "major modification fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes ❑ No F. 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): ON/Alf this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage coverea by 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, topsoil, fill dirt 3. Mining method: H Hydraulic Dredge X Front-end Loader & Truck X Shovel & Truck Dragline & Truck ❑ Self -loading Scraper Other (explain): Back hoe 4. a. Expected maximum depth of mine (feet) 15 feet below surface Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Land surface b. Expected average depth of mine (feet) -2- 0 APPLICATION FOR A MIAG PERMIT 6� 5. Has any area(s) at this site been mined in the past? Yes X No ❑ If yes, when and by whom was this activity conducted? By Luland, LLC beginning in 2007 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) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing_ Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5`h Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919)733-2423 http://Vortal.iiedenr.org/web/Ir/geological_hoine 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 littp://www.nedot.or�;/it/gis/ 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. 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 te mine map. -3- 0 0 APPLICATION FOR A MIAG PERMIT 0 p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres I 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- 4' APPLICATION FOR A MING PERMIT A table/chart must be provided on the mine mapp 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 Tailinls/Sediment Ponds None Stockpiles None Wastepiles 1.50 Processing Area/Haul Roads 3.48 Mine Excavation 25.79 Other (Explain) Total Disturbed Acreage 730.77 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 (?UESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. A. Remove topsoil B. Excavate sand and fill dirt C. Load and haul sand, fill dirt and topsoil 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans far sediment and erosion control far mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. Construct swales and slope surfaces to divert surface water to the pit. 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 dischar ing fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes No X❑. If yes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). -6- APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes X❑ No ❑. If yes, do you intend to dewater the excavation(s)? Yes ❑ No X❑. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: _ N/A _ . Locate all existing wells on the mine map(s) that lie within 500 feet ohe 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. NIA d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permits) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. OVA 1 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? By water truck. MR 0 0 APPLICATION FOR A MINING PERMIT 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It rr�ay 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( ). A minimum 25 foot wide undisturbed buffer having roadways and farming activities will be maintained. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). There are no natural water courses or wet lands on this site. The entire site and all surrounding lands are used for farming, d. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. 3 to 1 slopes will be used NVE 0 0 APPLICATION FOR A MININPERMIT b. Provide a cross-section on the mine maps) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design information) ifneeded, and the method offrnal stabilization. SEE PERMIT MAPS 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). 3 TO I SLOPES, THERE IS NO REQUIREMENT FOR BENCHING. 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 ofthe 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. There are none of the above described items within 300 feet of the excavation. S. 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 3 feet high. -9- 0 • • 0 APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes ❑ No X0. If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Shaw the location of all visual screening on the mine map(s) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. Screening is not necessary. The excavation is one half mile from the public or a or a dwelling. 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? None of the above items are know to exist within three miles of the site. 11. Will explosives be used? Yes ❑ No X7. 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 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[]. If yes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the location(s) of all storage facilities on the mine map(s). -10- APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN 1. 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(v). 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 area will be restored to a fish pond stocked with bass and bream. Surface water flow from the disturbed area will be directed to the pond. Areas not farmed and the slopes of the ponded area will be planted to reclamation grasses. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes X❑ No ❑. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross -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 X❑ No ❑. If yes, specify species. Bream and Bass. 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. No rock in this mine. Three foot high soil barricades will be used in areas likely to be accessed by the public. The entire area around the pond is flat and will be farmed. • APPLICATION FOR A MINING PERMIT THIS PAGE BLANK EM 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 mustlocations for such areas must be provided on the reclamation map. There will be no overburden or waste piles when mining is complete. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. There will be no processing area or stockpile areas. Roadways will be used for farming access or to fields or planted to crops. b. WiIl any on -site roadways be left as past of the reclamation? Yes XDNo []. If yes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. Roadways that access cut off farmland on the north end will remain but may also be planted to crops and still be used to access cut off farmland on the north end of the tract. dl 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 -sit eenerated waste shall be disposed of on the mine site without Erior written approval from the NC Department of Environment and Natural Resources, Land the Division of Waste Management D Quality Section and either issued by n Of for the site, a copy (rV*rM) or local governing body. If a disposal permit has been temporary and permanent refuse dissal areas of said uusattbe clearly delineatust be ed onto hthe is application. ne maps) and reclamation map, along with a list oJtems to be disposed in said areas. All repair vendors are required to take all waste with them. This includes used parts and cable. There will be no abandoned machinery or parts on the land when reclamation is complete. - 13- 0 APPLICATION FOR A MINING PERMIT CJ 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): Two tons per acre or as determined by a soil test. FERTILIZER -ANALYSIS AND RATE OF APPLICATION (pounds/acre): 1,000 pounds of 10-10-10 per acre. SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding Dates, Seeding Rates: Kobe Lespedeza February 14 to April I 10 lbs/acre Bahiagrass February 14 to April 1 50 lbs/acre Redtop Millett February 12 to April 1 1 lb/acre Winter Rye (grain) February 14 to April 1 15 lbs/acre Common Bermuda April I to July 31 50 lbs/acre Lespedeza (unscarified) August I to October 30 30 lbs/acre Geman millet August I to October 30 40 lbs/acre Rye grain (temporary) October 25 to February 15 120 lbs/acre MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: Small grain straw at he rate of 2000 pounds per acre with asphalt tack. OTHER VEGETATIVE COVERS — TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): When approved by Soil Conservation Service or Consultant. Revegetation r f t an approved by: Signature Date Print Name ood L. Richardson Title Consultant Agency Hood Richardson, PA, 110 West Second street, Washington, NC 27889 -14- 0 APPLICATION FOR A MININAERMIT THIS PAGE - 15 - BLANK APPLICATION FOR A MININARMIT 0 E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a rang - 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 miningpermit. Please insert the approximate acreage, for each as ect of the mini n operation, that you intend to a ect durin the li e o 'this minin ermit in addition ease insert the appropriate reclamation cost/acre for each cateizor rom the Schedule of Reclamation Costs provided with this application form) OR you can defer to the Department tv calculate your bond for you based upon your maps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. $ Stockpiles: Ac. X $ /Ac. _ $ Wastepiles: 1.5_ Ac. X $ 2,000 /Ac. - $ 3,000 Processing Area/Haul Roads: 3.48 Ac. X $ 1,800 /Ac. _ $6,264 Mine Excavation: 25.79 Ac. X $ 500 /Ae, _ $ 12,895 Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.; 30.77 Ac. (TOTAL PERMITTED AC.: 30.77 Ac.) TemporM & Permanent Sqdirnentatjon & 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 30.77 Ac. b) Positive Drainage _ None_ Ac. X $1,500.00 = $ SUBTOTAL COST: $ 2,159 Inflation Factor: 0A2 X SUBTOTAL COST: $ 22,159 X Permit Life (1 to 10 years): 10 INFLATION COST: $ 4 431.80 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 26,590_ Total Reclamation Bond Cost: $ 26,500 _ (round down to the nearest $100.00) -16. 0 APPLICATION FOR A MININGRMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail, return receipt requested, to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Nonce" 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. LIST OFADJOINING PROPERTY OWNERS HAS BEEN UPDATED AND IS INCLUDED THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, A5 REQUIRED BY NCGS 74-50(bl). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" _17_ 0 0 ADJOINING LAND OWNERS WITHIN 1,000 FEET NC PIN NAME 6698-81-2277 3 Oakes Properties, LLC 7607-08-5135 Roger Copeland and Charlene Morris 7607-07-5322 3 Oaks Properties, LLC 7607-06-5624 3 Oaks Properties, LLC 7607-06-2724 Beaufort County Water V 7607-06-0973 Benjamin B. Carowan, Jr. 7607-05-4845 A. D. Swindell Farms, LLC 7607-04-5541 Tobin J. Tetterton 7607-14-4533 Vicent L. Fischer, Jr. 7607-15-5734 Van Wye Silver Lining, LLC 7607-25-2215 Radcliffe Family Properties, LLC 7607-35-4178 Guy H. Shavender, Jr. 7607-57-5318 L. H. Allen and Sons, Inc. 7618-54-0996 Pungo Co, LLC 7607-17-2125 Michael T. Ahearn 7608-47-9021 Bishop Farm Properties, LLC 7607-28-2041 Bruce Bonner Allen 7608-Ot-7033 Bishop Farm Properties, LLC 7607-14-9428 A. D. Swindell Farms, LLC June 12, 2017 ADDRESS TOWN STATE ZIP 121 Beech Ridge Road Pantego NC 27860 1610 Lamar Street Florence AL 35630 121 Beech Ridge Road Pantego NC 27860 121 Beech Ridge Road Pantego NC 27860 P. O. Box 1027 Washington NC 27889 P. O. Box 128 Pantego NC 27860 P. O. Box 279 Pantego NC 27860 118 Catnip Point Bath NC 27808 2496 Whealton Village Dr Greenville NC 23530 24372 US hwy 264 E Pantego, NC 27860 P. O. Box 190 Washington NC 27889 P. O. Box 206 Pantego NC 27810 385 Indian Run Road Pantego NC 27860 P. O. Box 100 Albemarle NC 28002 1201 Little Creek Road Belhaven NC 27810 2601 Oberlin Road. S100 Raleigh NC 27608 743 NC Hwy 99 North Pantego NC 27860 2601 Oberlin Road S 100 Raleigh NC 27608 P. O. Box 279 Pantego NC 27860 41, 0 0 0 NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that THIS IS A RENEWAL APPLICATION has applied on (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): F] a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface miming permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine on acres located (Mineral, Ore) (Number) {Mites} -of of off/near road (Direction) (Nearest Town) (Number/Name) in - County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bI), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the alining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding i ror information on the mining at (9I9) 707-9220. Please note that review (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) (Date of Issuance of this Notice/ (Address of Applicant) _ Mailed to Addressee/Owner of Record) - 18- contact 0 0 APPLICATION FOR A MINIERMIT 0 AFFIDAVIT OF NOTIFICATION 1, , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) THIS IS A RENEWAL APPLICA TION (Address) (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) (i.e.: City Manager, County Manager, Mayor, etc.) The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Title of person executing Affidavit 1, State of North Carolina, do hereby certify tl appeared before me this day and under oath a Notary Public of the County of Affidavit was made by Witness my hand and notarial seal, this day of 20 Notary: my Commission expires: rg. i • • 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 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: /"�"4 Print Name: Bobby Armstrong, Manager (Title, if applicable) Company Luland, LLC (If applicable) Address: P. 0. Box 96 APPLICANT. Signature:* Print Name: Bobby Armstrong, Manager. Title: Manager„_ Company: Luland, LLC Pantego, NC 27889 _ _ Mine Name: Luland Pit Telephone: (252)_943-2082 Telephone: (252 ) 943-2082 Date Signed: to C ! Date Signed: *Signature must be the same as the individual who signed Page 1 of this application. ana reeiamanon maps., ana the a2l2ropriate processing fee (see next page for tee senectuie) in the corm a eneck or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 707-9220. -20- 602017 AMNL ConnectGiS Feature Report MW Beaufort � Printed tune 02, 2077 w WEE HMTTNG See Below for Disclaimer Parcels Property Land Owners f Interior Tract Lines Centerlines County Line 0 County Line (Solid) State RECEIVED .JUN 5 2017 LAND QUALITY MINING PROGRAM! s https:llbeaufort.connectgis.comlDownloadFile.ashx?i _ags map5da4a962p7f445199ab71c95Oe0f bfx.htm&t=printid V2 0 • R17r7rSi7 C`mncrt(�l.0 Pc fi va pcwvvt 00JE9ID GM GPIN L(W 41729 7607-18-4061 7607-18-4061 OWNER NAME OWNER NAME2 MAILING ADDRESS LOU LAND LLC 8581 NC 45 N MAILING ADDRESS2 CITY STATE BELHAVEN NC p QROP DESC LAND VAL 27810 64.36 AC PT TR-1 LILLIAN CARAWAN 190670 ALLEN/EDITH ALLEN BLDGV 0 TOT VA L EFO R VAL TAXABLE VA 190670 0 190670 PREV ASSES ACRES PROPERTY ADDRESS 190670 64.36 5R 1700 TOWNSHIP MBL DATE 9 76070049 5/6/2005 12:00:00 AM DEED OK and PAGE STAMPS SALE PRICE 1452/00981 75000 NRR_ BLDG NBHD CDE NBHD ©ESC 0 A AVERAGE LAND USE EXEMPT PROP EXEMPT AMT ROAD TYPE YR BUILT NBR STORIES PAVED SQ FT SUB CD E SUB DESC NBR_BATHS EFF YR NMR_HALF BATHS Pam, REiD 15013865 11941 Beaufort County online map access is provided as a public service, as is, as available and without warranties, expressed or implied. Content published on this website i for informational purposes only and is not intended to constitute a legal record nor should it be substituted for the advice or services of industry professionals. The County of Beaufort and the Website Provider disclaim all responsibility and legal liability for the content published on this website. The user agrees that Beaufort County nd its Assi as shall be held harmless from all actions, claims, damages or judgments arising out of the use of County data_ https;/Ibeat&rt.connectgis.com/DownbadFile,ashx?i-ags_map5dai4a96207(445199ab71c95OeOMZA.libn&t=printd 2/2 0 0 • Wehner, Judy From: Boyer, Janet Sent: Tuesday, June 13, 2017 8:55 AM To: Pisa.harris@armstrongincorporated.com Cc: hoodrichardsonpa@embargmaiI.com; Wehner, Judy Subject: RE: LOULAND MINING PERMIT 07-53 Your request for an extension of time to submit the renewal request is granted until July 14, 2017. Please note that no extension can be granted 180 days after the permit expiration date as noted in our response to your company's previous request. At that time the site must be reclaimed or your company must apply for a new mining permit to continue mining operations and that will include notification and increased processing fees. Janet S. Boyer, PE State Minting Specialist Division of Energy, Mineral and Land Resources Department of Environmental Quality 919-707-9220 office nnr.ctov Janet. oyerncde , 512 N, Salisbury Street —Archdale Building 1612 Mail Service Center Raleigh, NC 27699 w Email correspondence to and from this address is subject to the North Carolina Public Records Law and may he disciosed to third parfies. From: Iisa.harris@armstrongincorporated.com [mailto:lisa.harris@armstrongincorporated.comj Sent: Monday, June 05, 2017 2:39 PM To: Boyer, Janet Gjanet.boyer@ncdenr,gov> Cc: hoodrichardsonpa@embargmail.com Subject: LOULAND MINING PERMIT 07-53 Ms. Boyer, Louland Ilc . is requesting an additional 45 day to renew sand pit permit 07-53. This is in the hand of the land surveyor Hood Richardson ( hoodrichardsonpa@embargmaii.com ) that will be able to get information for application completed. Thank you, Lisa Harris Louland LLC PO Box 96 Pantego, N.C. 27810 252-943-2082 (Phone) • • 252-943-3308 (Fax ) lisa.harris@armstrongincorporated.com l Vehner, Judy From: Wehner, Judy Sent: Wednesday, May 03, 2017 9:54 AM To: 'lisa.harris@armstrongincorporated.com' Cc: Boyer, Janet; Davis, Tracy; Dumpor, Samir; Novak, Gary Subject: RE: renewal request Your request for an extension of time to submit the renewal request is granted until May 3o, 2015. Please note that no extension can be granted 180 days after the permit expiration date as noted in our response to your company's previous request. At that time the site must be reclaimed or your company must apply for a new mining permit to continue mining operations and that will include notification and increased processing fees. From: iisa.harris@armstrongincorporated.com [mailto:lisa.harris@armstrongincorporated.com] Sent: Tuesday, May 02, 2017 5:33 PM To: Wehner, Judy <judy.wehner@ncdenr.gov> Subject: Fw: renewal request Louland, LLC is requesting an extension for the renewal of the mining permit due to not being able to get proper paper work/picture. I have attempted to get this done in a timely manner but unable to complete in time MAy 1st. If we could extend to the later part of May I feel I can complete everything I need to process. Thanks, Lisa Harris PO Box 96 Pantego, NC 27860 lisa.harris@armstrongincorporated.com 252-943-2082 Phone From: lisa.harris@a arrgstron lq ncorporated.com Sent; Tuesday, May 02, 2017 5:28 PM To:.iudy.wehner6n dc___enr.gov Subject: renewal request Would it be possible to extend deadline for mining permit. We have been unable to get someone there top take a recent Ariel photo due to the weather. Lisa Harris Armstrong Incorporated PO Box 96 Pantego, N.C. 27810 252-943-2082 (Phone) 252-943-3308 ( Fax) lisa.harris@armstrongincorporated.com Vehner, Judy From: Wehner, Judy Sent: Thursday, April 13, 2017 10:56 AM To: 'Lisa Harris' Cc: Dumpor, 5amir, Novak, Gary; Boyer, Janet; Davis, Tracy Subject: RE: Extension The Director of the Division of Energy, Mineral and Land Resources, Tracy E Davis, PE, has authorized staff to grant extensions to submit renewals within 180 days of the expiration date. The expiration date for Mining Permit No. 07- 53was January 25, 2017. Your request for an extension of time to submit the renewal request is approved. The new deadline is 5:00 pm on May 1, 2017. From: Lisa Harris (mailto:lisa.harris@armstrongincorporated.comj Sent: Wednesday, April 12, 2017 11:34 AM To: Wehner, Judy <judy.wehner@ncdenr.gov> Subject: FW: Extension Importance: High Ms. Wehner, I have been out of office and just saw that the extension I request did not go through due to Typo. So I am requesting again. Thanks, Lisa Harris From: Lisa Harris [mailto:lisa.harris armstron incor orated.comj Sent: Tuesday, April 04, 2017 1:07 PM To:'judy.wehner@ncdenr.go' <iudy.wehner@ncdenr.eo> Subject: Extension Louland, LLG is requesting an extension for the renewal of the mining permit till May V, 2017. Thanks, Lisa Harris Armstrong Incorporated 252-943-2082 252-943-3308 Fax Lisa, harris@armstrongi,ncorporated, corn 1 0 0 . Wehner, Judy From: Dumpor, Samir Sent: Thursday, April 13, 2017 8:34 AM To: Wehner, Judy; Novak, Gary Cc: Boyer, Janet; Davis, Tracy Subject: RE: Extension 07-53 I am OK with it. Thanks Samir Samir Dumpor, PE Regional Engineer Division of Energy, Mineral, and Land Resources Department of Environmental Quality 252-948-3859 office samir._dumporCc.)ncdenr.gov 943 Washington Square Mall Washington, NC 27889 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Wehner, Judy Sent: Wednesday, April 12, 2017 3:46 PM To: Dumpor, Samir <samir.dumpor@ncdenr.gov>; Novak, Gary <gary.novak@ncdenr.gov> Cc: Boyer, Janet <janet.boyer@ncdenr.gov>; Davis, Tracy <tracy.davis@ncdenr.gov> Subject: FW: Extension 07-53 Importance: High You okay with this? From: Lisa Harris [mailto:lisa.harris armstron incur orated.comj Sent: Wednesday, April 12, 2017 11:34 AM To: Wehner, Judy <judywehner@ncdenr.go_v> Subject: FW: Extension Importance: High Ms. Wehner, I have been out of office and just saw that the extension I request did not go through due to Typo. So I am requesting again. A Thanks, . 0 0 "Lisa Harris From: Lisa Harris [maiIto: Iisa.harris@armstron igincorporated.com] Sent: Tuesday, April 04, 2017 1:07 PM To: 'judy.wehner@ncdenr.go' <judy.wehner@ncdenr.go> Subject: Extension Louland, LLC is requesting an extension for the renewal of the ruining permit till May 1", 2017. Thanks, Lisa Harris Armstrong Incorporated 252-943-2082 252-943-3308 Fax Li,sa.harris@armstrongincorporated.com 0 • 7 /nu. fo . ... . ... ..... .. .. .. . . .......... .. . ... .............. . .. . . ............ .... . ......... . ... . . . . ........ . ........... 0 CN U Of I- Z Z .� O Q o \ � L Z 0O W M \ C� p O J Q U r- Q / O O W O ee!!J ■v W ti O I r H Z 1 I Q W Q U i %0 cn I CT I I o n n N I N low I 3728 TR-�2 I 1A I O O 16.66A � .�-i (r) - _I (78.16A) I CV) rR-1 p V II l 2A I 6ruw ,.r 7bp e , _ I 4061 N i I ) 11tr7 I6.66A � 9351 O SR 1708 cu cu $ m Z Mom ~ lowfe�h In R! ��f 120A 12 2125 RSA 9949 D 4 m 4.78A 1845 88 o BC WATER ` O 8755 (3.42A) 27 DISTRICT V 2664 4511 230 �, 10.06A nae U (400 v+ qt N 48 435 L I C Q 32 I � z7 �1 j� B (4.98A) 4 9931 (4 .43A) 486 L _ BEECH RIDGE ROAD 00 4730 1 SR 1700 c9mra C3.34A) (1.39 552 a \ ^ / G521 0423 3434 c`Du � to N / CZ) �1 \ (36.68A) 514 (353A) -- (�7 Z7va 9? 8067Lo / D p 596 V / f LA4A v �v (15.34A) 3 $23 Q G� 1788 578 674 U Z 59 (33.34A) (1625A) (6.12A) 1 5541 W v (2.s6A) 642 W 9428 3.47A) P �0 3374 32 22 8224 6210 03 0 0 I 0 I -....... `..I i, r • ... •�4�� -.nr •yam vr...r. ..).'Y'•Y • N.. .l+'... �'.rti.r':�"r.T,..w P'.11t/k.:A.•�. ...vV`. J-.yhruN�.H ti.yo._'� �� .�-.. l.a.-. ��-.•.M�... a..Tv.+,...fry.-r-r�uil..•�,.�1+..wx�..I �nL.Y'�n N ..r.�y..f. � �� .r t r•• rY � North Carolina Dep►artmmt of Environment and Natural Resources, Division of Land Reaonrcre, Land Qata ky Section TERMWr= MM) 1. MINE NAME L 2. MI MNG PERNIIT # 0 7 S 3 3. OPERATOR /'" 4. COUNTY i. s�� �, ., Fes, 5. ADDRESS YWYi 6. PERMIT EXPIRATION DAT'E % - �-' S / -7 7. RIVER BASIN 8. Person(s) contacted at site A r 9 e 9. was mine operating at time of inspection? ❑ Yes 0-No 10. Pictures? 01res ❑ No 11. Date last inspected: S I / 1 12. Any mining since last inspectic m?i ❑ Yes ❑ No 13. Is the mine in compliance with the Opauting Conditions of the Permit? A p Yes ❑ No If no, explain: .0 14. Is the mine in compliance with the Reclamation Conditions of the Permit?,.El- Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes ErNo If yes; desGnbe the type and severity of the damage: 16. Cmective mmmres needed and/or taken: 17. Other recommendations and comments:�,— �. 41nY... ,,, ,11,. V h h. < < 4rf..� i. 1. A;rrl�_ f.,� rt_� `�� �Z',, ./ .—�.,r1e � I"1/;/�r.7�1�0 �/�,�I5-AclllJ.��i A L- "j" 7e . a � It L X l �� , �+ 1 [ / � /: � • r i� {lam £ r.l r fr r t� � . llr � ��i 18. Is the Annual Reclamation Report +/-map accurate? El Yes , d No (Eatplain) ❑Not Reviewed /I A l.: 1, , � , r ."' 19. Follow-up inspection needed? 20. No. of additional pages of Insl l .r INSPECTED BY: r7 eel y !Y Telephone No: (? ti"� l �W - d- yn Yes ❑ No Proposed date ►n Report---. 21. Copy of Report sent to operator, DATE white copy to file Yellow copy to operator Pimrt copy to Mfd g 4wkzhg 10197 NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application to modify this mining permit filed by Louland LLC to conduct mining activities off SR 1700 (Beech Ridge Road) in Beaufort County. The mining permit (no. 07- 57) was modified on May 17, 2011. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 15OB-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA and NC General Statute 74-61, a petition for a contested case must -be filed in the Office of Administrative Hearings within thirty (30) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 150E-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 431-3000. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Ms., Mary Penny Thompson; Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. This notice was mailed on ames D. Sim ns Director Division of Land Resources North Carolina Department of Environment and Natural Resources Mining Program Secretary North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land QaaHty Section. / (PERM X TM MINE) 1. MINE NAME Z�Oul uz, c' 1 _ 2. MIlq1NG PERMiT # d % �w 3. OPERATOR u awr i- LG Ar. Q-k k >7 5 4. COUNTYL �u r` . 5. ADDRESS P D o to c NCZZEe6O_ 6. PERMYT EXPIRATION DATE / ' 2 = 17 7. RIVER BASIN wu 8. Person(s) contacted at site ,, . j e (k tyjopj 9. Was mine operating at time of inspection? ,f Yes ❑ No 10. Pictures? ,❑' Yes ❑ No 11. Date last inspected: / / i ILO- 12. Any mining since last inspection? ,f Yes ❑ No 13. Is the mine in compliance with the nOperating Conditions of the Permit? ❑ Yes . ,Zr No If no, explain: 0 C x, oc-ic_/r //dtg*oe. p- ell;,_ 0-1 M ,—" (% ri)oi —S l-.:.i�ii UINC4a.SC(ivYl Na ill e C;t 1V/}►'I %/}AIJ.i'►�, ri t /51i, r_1- l�C� C «.E t]C r 1 26IO 14. is the mine in compliance with the Reclamation Conditions of the Permit? OYes ❑ No If no, explain: 15. Did any of the above deficiencies, result in ffsite e? Yet ❑ No If yes, describe the type and severity of the damage: /�� 4 Vic. (-r � crrm ,� (emu k( cla v 16. Connective measures needed an or taken: o.� r Jf LI c: cr /� �. �,� m o � � i all), 1//, �" II )7 t C 7CY r/ l i A -F' f�ci�r I tr r <<17C�� (., !lY f". , � /..%��•. CCt�/'7, ,.7` Ic7U -�c. la4l`�ivU.t �� Y1i. G.. 11��.r i.Cr 'f. Ll , 6(, i'L-4 �. C" t G Cu a !, "ae_�+ � I f1 � �Olu rCr�d��-, rJ 17. Other recommendations and comments• c-d ii, o � 06 ! , y r C �b! G IG t I)rr I -,-(S t.t �rr •I; .-� Cttf e 1 !'�L L1 /r r, I rJ d l_ C G 'r(r !S'e_t� 1/ e Ac 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) _2-Rot Reviewed 19. ]Follow-up inspection needed? 2rYes ❑ No Proposed date 20. No. of additional pages of Inspection Report . 21. Copy of Report sent to operator 1127 I/1 M% INSPECTED B Telephone No: White copy to fle Yellow copy to operator (date)'>'� � DATE I I -' IZ1/ 4. :1- 5- /I Pink copy to Mining Specialist 10197 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section (PERMITTED MM) 1. MINE NAME ;'i �A �a`1,,;Y� 2. MINNII 1NG PERT # 61 " r�S 3. OPERATOR it - 1 i.,- (- - 4. COUNTY—!, (I 5. ADDRESS i, \ ; -%. el IC i c y 6. PERMIT EXPIRATION DATE `3 � ► —?_1 i 1 '7 7. RIVER BASIN 8. Person(s) contacted at site 9. Was mine operating at time of inspection? 3-Yes ❑ No 10. Pictures? ©' Yes ❑ No 11. Date last inspected: ' � / r-A / t 1 12. Any mining since last inspection? 0' Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes L7 No If no, explain: 14. Is the nine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes �p No If yes, de=be the type and severity of the damage: r---- a .11. 16. Corrective measures needed and/or taken: r 17. Other recommendations and comments: 6 ,h1 U CA(A CA ('V ice- .)n < 4 ` _4 ✓ 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) 0 Not Reviewed 19. Follow-up inspection needed? 0-Yes ❑ No - Proposed daze 20. No. of additional pages of InspectionReport 21. Copy of Report sent to operator INSPECTED BY: I W � ` ILVl _L'ja i'tl DATE <-/ (date --1 1 Telephone No: ( _ ^ While copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section, (PERMTr= MINE) 1. MINE NAME L t` ' 2. MINwG PERMIT # 3. OPERATOR L t1 L C 1 l;,, A, .: i J411, 4. COUNTY L• {� t 5. ADDRESS �'."� `� U �','.. �� , v IV(- � )kf,10 6. PERMIT EXPIRATION DATE 7. RIVER BASIN Tj: /fix ,11 8. Person(s) contacted at site i -fc. 9. Was mane operating at time of inspection? ❑ Yes M-No 10. Pictures? 0 Yes ❑ No 11. Date last fiMected: I ! 5 / 11 12. Any mining since Iast inspection? ❑'Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes D�No If no, explain: �� / l ' 1 �� l .. j / ll., c t ' c K C �l c1� (l (-ILt ..,k 1I l a,/6 f '1�, � ,. ? ! r . �l. t;. t �� ! (... 1 i i� : r e . J Jl.. 1.G1 +, r r J i. i, .. 11. Iri_ •ram_ i ; i 1. 4 bf j (. la&f } t � ,�li �i:J E" I F.�r. • � ���' � { I ,t J i !• F It 1 At3, fl 1..+(� l.liL jL J. .! t t- ),J_.l 14. Is the mine in compliance with the Reclamation Conditions of the Permit? 23"Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? p Yes ❑ No If yes, descn-be the type and severity of the damage: --4 , 1 / > 1 /L r1 • , �.. 11 r - . •fli:><r / r r • 'ell-s ! L -. "/!(.t�I�4'�+, 16. Corrective measures needed and/or taken: r 4 17. Other recommendations and comments: L. i V!J6'�,1'�� .',.il� f' t�4'c'•� t.1, �.���� •. t'e: �. .rJl' 1 ' 4. 18. Is the Annual Reclamation Report +/-map {accurate? ❑ Yes ❑ No (Explain) 0-14ot Reviewed '•, 11 „ /. _ i,'/' /T", L I - "- , ('-,1 /- .! �' // i, ,; lts'r , . I_ ! _J J. 19. Follow-up inspection needed? 'Yes ❑ No Proposed date 20. No. of additional pages of Inspection Report_. 21. Copy of Report sent to operator INSPECTED BY: 1_ DATE :_'!(e) Telephone No: ( ) 1, (1 -, White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist May 17, 2011 Dee Freeman, Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1300 0000 1125 2998 Mr. Bobby Armstrong Louland, LLC PO Box 96 Pantego, North Carolina 27860 Re: Louland Pit Beaufort County Tar River Basin Dear Mr. Armstrong: Your recent request to have the above referenced mining permit modified has been approved. The modification is to increase the permitted and affected acreage at this site to 30.77 acres as indicated on the mine map last revised March 7, 2011. The modification includes expansion of the excavation limit to the north, east and west. Secondly, the modification allows for dewatering activities by pumping pond to pond. Thirdly, the modification allows the importing of clean construction materials for reuse and the temporary stockpiling of asphalt for recycling. A copy of the modified permit is enclosed. The conditions in the modified permit were based primarily upon the initial application. Modifications were made as indicated by the modification request and as required to insure compliance with The Mining Act of 1971. The expiration date, mine name and permit number shall remain the same as before the modification. I would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition NoAD, 4E, 5, 10E and 13 and Reclamation Condition No. 2D. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations lies with you. As a reminder, your permitted acreage and affected acreage for this site are both 30.77 acres, as indicated on the mine map last revised March 7, 2011. As we have received the $26,500.00 Assignment of Savings Account issued by Southern Bank and Trust Company, I am returning the $25,300.00 Assignment of Savings Account issued by Southern Bank and Trust to you for your disposal. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 I FAX: 919-733-2876 512 !North Salisbury Street, Raleigh, North Carolina, 27644 - Internet:http://www.dir.enr.state.nc.us/pages/landqualitysection.html An Equal Opportunity ! Affirmative Action Employer— 50% Recycled / 10% Post Consumer Paper Certified Mail Mr. Armstrong Page Two Please review the modified permit and contact Ms. Judy Wehner, Assistant Mining Specialist, at (919) 733-4574 should you have any questions concerning this matter. Sincerely, r Q qt S. oyer, PE State Mining Specialist Land Quality Section JSB/jw Enclosures cc: Mr. Pat McClain, PE Ms. Shannon Deaton - WRC, w/permit Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosures US Fish and Wildlife Service, w/ permit 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: Louland, LLC Louland Pit Beaufort County - Permit No. 07-53 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: January25, 2017 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49, Modifications May 17. 2011: This permit has been modified to increase the permitted and affected acreage at this site to 30.77 acres as indicated on the mine map last revised March 7, 2011. The modification includes expansion of the excavation limit to the north, east and west. Secondly, the modification allows for dewatering activities by pumping pond to pond. Thirdly, the modification allows the importing of clean construction materials for reuse and the temporary stockpiling of asphalt for recycling. Expiration Date This permit shall be effective from the date of its issuance until January 25, 2017. a Page 3 Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, 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. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. C. Mining activities shall occur as indicated on the mine map last revised August 29, 2006 and the supplemental information received by the Land Quality Section on August 1, 2006 and September 28, 2006. Page 4 D. Mining activities, including the installation and maintenance of all associated erosion and sediment control measures, related to the pit expansion, dewatering activities and stockpiling of off -site generated materials shall be conducted as Indicated on the mine map last revised March 7, 2011 and the supplemental information received by the Land Quality Section on January 31, 2011, March 9, 2011 and April 12, 2011 E. No pit water shall be discharged beyond the permit boundary and a minimum of one (1) feet of freeboard shall be maintained at all times in the mine pits. If the minimum freeboard is reached, all mine dewatering activities at the site must cease. 5. All mine permit boundaries (30.77 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 25 foot unexcavated) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. .r Page 5 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. E. Temporary stockpiling of off -site generated clean construction materials (concrete, brick, used stone, soil and old asphalt) shall be conducted as indicated on the mine map last revised March 7, 2011 and the supplemental information received by the Land Quality Section on March 9, 2011. 11, An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $26,500.00 Assignment of Savings Account, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. Page 6 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 7 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided_By G.S. 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. • Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and fevegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 8 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through E. E. 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 Revegetation Plan approved by Mr. Rodney Woolard, District Conservationist, with the Natural Resources Conservation Service on July 18, 2006 or the following: Permanent Seeding Specifications Dates February 15- April 1 April 1- July 31 August 1- October October 25- February 15 Soil Amendments Species Rate_, Lbs/Acr_e_ 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 Ibslacre or follow recommendations from a soil test. Fertilizer - 1000 Ibslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibs/acre and anchored appropriately. Page 9 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass, In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued January 25, 2007, is hereby modified this 17th day of May, 2011 pursuant to GS 74-52. James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources } ■ Complaie Itf9ms 1, 2, and 3. Aiso complete Item 4 N Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return. the card to you. ■ Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: A Age Addrntessee B. S y(PM Ce-tao�`eEivery ; D. Is delivery address dliferard from Item 1? ❑ Yes If YES, enter delivery address below: ❑ No Mr. Bobby Armstrong Louland, LLC PO BOX 96 3. ce Type Pantego, North Carolina 27860 certed Mall rags Mall ❑ Istered Return Receipt for Merchandise i ❑ Insured Mail C.O.D. 4. Restricted Delivery? {Exba FOB) ❑ Yes 2. Article Number . 7008 J13poi,0000 1125,;29915, PS Form 3811, February 20D4 Domestic Return Receipt 07LLd 102595-02-M-1540 NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application to modify this mining permit filed by Louland LLC to conduct mining activities off SR 1700 (Beech Ridge Road) in Beaufort County. The mining permit (no. 07- 57) was modified on May 17, 2011. 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 and NC General Statute 74-61, a petition for a contested case must be filed in the Office of Administrative Hearings within thin 30 days of the mailing of this notice to you. If you fife a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 1506-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. .Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (91,9) 431=3000. You must serve the Department of-Eiivironmenf andJ.Naturai Resources by mailing a copy of the petition to Ms. Mary Penny Thompson, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. This notice was mailed on .e� ` ames D. Sim ns Director Division of Land Resources North Carolina Department of Environment and Natural Resources Mining Program Secretary NAME ADDRESS TOWN STATE ZIP 277 C�CAROWAN•FARMS.LIMITED;PARTNERSHIP _ P.O.-BOX 129 _P.ANTEGO-- ---NC - _27860: 135 f—ROGER L,_COPELAND-AN D_CHARLENE-MORRIS 1610-LAMAR'STREET - FLORENCE" AL-.` -35630• 322 �BENJAMIN G.-CAROWAN,.JR.---------� ::: , .O. BOX 128 �-PANTEGO— -NC- -27860; 624 r-EDMUND G. RADCLIFF,-SR. __ ,11408_MONTGOMERY ROAD - _BELTSVILLE ,- �MD-' F20705 724 `BEAU FORT_ COUNTY -WATER DISTRICT V,_% GURTIS.JET=T P.O.- BOX _1027 iF _WASHINGTON- . NC - -27889' 973 BENJAMIN G. CAROWAN, JR, P.O. BOX 128 PANTEGO NC 27860 845 - ---- F;C: &-MARGARIETTE.LAUGHINGHOUSE — _ _ _ _ ._ - P.O:'BOX'279"�`— —PANTEGO- `r; NC .- r27860' 541 �TOBIN J.-TETTERTON7.:-_ _� --,;:,,;;y;,�,,� j,..;a1,18 CATNIP:POINT BATH NC 27$08 533 CVINCENT `t: FISCHER JR.,_°/o.BRIAN-FISCHER- ...27,66'SPARTrAN-DRIVE : -�GRIMESLAND-,- NCI:v, 27837- 734 — - -ROBERT SPROUSE SR: - 7$OBEECH RIDGE ROAD BELHAVEN _NC_ 27910; 215 ROSCOE'RADCLIFFE, JR.-&-FRANK-EVERTON- —2236 -BAYVI LLE- ROAD - _VIRGINIA BEACH VA_,�: a23455- 178' c-• GUY H; SHAVENDER, JR. _ �P MBOX.206- -2L,'_. 7 PANTEGW~ ' 'tNC' 27860. 318 _ `L.N. ALLEN AND SONS, INC 385'INDIAN RUN ROAD —PANTEGO' NC 27860 96 C;PUNGO CO., LLC_--- - - -----P.O.-BOX-100__ _ ALBEMARLE-- __NC 28002 125' —._ -MICHAEL T. AHEARN _ _ - P.O.. BOX 194 -PANTEGO--- -NC 27,,860 643.WATER.STREET ^ BELHAVEN NC7T 27810 1 MICHAEL T. AHEARN P.O. BOX 194 PANTEGO NC 27860 033 R.H. BISHOP, JR. 643 WATER STREET BELHAVEN NC 27810 28 A.D. SWINDELL FARMS, LLC P.O. BOX 279 PANTEGO NC 27860 PAGE 17-A ATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION food L. Richardson , an applicant, or an agent, or employee of an , for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the are all known owners of record, both public and private, of all tracts of land that are adjoining the mining )undary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor ne tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit T) and that notice of the pending application has been caused to be mailed, by certified or registered mail, ;eipt requested, to said owners of record at their addresses shown below, such notice being given on a form by the Department: Adjoining Landowner Name) (Address) .PP AA(Ti? it 1-7— A attest that the following individual is the chief administrative officer of the county or municipality in which of the permitted area is located and that notice of the pending application has been caused to be mailed, by or registered mail, return receipt requested, to said office at the following address: dministrative Officer Name) (Address) Manager, County Manager, Mayor, etc.] gill, Beaufort County Manager 121 West 3`d Street, Washington, NC 27889 ackson, Mayor, Town of Pantego 25948 US 264 East, Pantego, NC 27860 ve attestation was made by me while under oath to provide proof satisfactory to the Department that a )le effort has been made to notify all known owners of record, both public and private, of all tracts of land adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the t or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are ,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality i any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 5B . I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the rtices w,q,e� caused to be mailed and to provide them to the Department upon request. of Applicant or Agent /z 7 // Date executing Affidavit is an agent or employee of an applicant, provide the following information: applicant: Hood L_Richardson ,erson executing Affidavit Consultant^ forth Carolina, do hereby certify tl before me this day and under oath and notaripl seal, this a Notary Public of the County of above Affidavit was made by �Vft My Commission Expires 8 �.O�i►y o trnission expires: _�ctober 11, 2015 _ 001 7 - �����•``� UNI-q .� 'JA8.1...1il1N NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application to modify this mining permit filed by Louland LLC to conduct mining activities off SR 1700 (Beech Ridge Road) in Beaufort County. The mining permit (no. 07- 57) was modified on May 17, 2011. 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 and NC General Statute 74-61, a petition for a contested case must be filed in the Office of Administrative Hearings within thirty (30) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 150E-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 431-3000. You must sere the Department of Environment and Natural Resources by mailing a copy of the petition to Ms. Mary Penny Thompson, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. This notice was mailed on /-"**' I ev 14 A A 1- 11 - zi 14 ames D. Simons fl-{ Director Division of Land Resources North Carolina Department of Environment and Natural Resources Mining Program Secretary . ...... . . ... . . . ............ ... ..... .... ..... .. . .... ... . .. ...... . . . . ......... . . .... ..... ... ... ... .... . . .... .. ........ .... . . ...... . . ... .... . . .... ... .. . . .. ..... . ..... . ... . . . ... ... j YAMS , 61 VARILS pp NC GRID T BARRICADI' C 1-0S U K ENTRANGF W Lo BONNER BRUCE ALLEN 03-E-332 1AN11) a pi A-T CAB, A, SUDE 14 4 C) 0 . .... ..... .... PERMIT LIMIT IV- UNEXCAVATED FXCAA4,10N I.ILM11' '15'BUFFER (`NEXCAVA'FFD I L14 I `F, R ix PUMPED WATER 25'1414 PUMPED WATER STORAGE POND STORAGE POND VOLUME: 2,000,0W GAL. VOLUME: 6,360,000 GAL. 0,e TAVAILABLE 3'AVAILABI-E 1, XCAV All N POND 1 013, MAXIMUM DAILY RV LA NP RA] T MAXIN IUM DAILY KIMPING 100,000 GAIJ ()NS PUNWING RATV . ..... . 0-c t cc, 1?,`)00(;AL Aff)(IR JWj)fX) (;A1J,(,)NS I w ,V fA,;?RAVEI ROAD A. �LLLst x I00' J-- �Al - I C, �. 1p�Al 2 Nc `TION CONSTRI.A AW 'ASPJJALT�--� ENTRANCE F- f—�L � I - 11� I I -)RORY SOIL., j T�,MP( T A RE- A DRY OU STORAG E Elf Lu '050 AC'RE, t)-B ���C��23, AOLAi04 c , �� 4 /V� i PLA �61 �to I �,iivv 1,00 ACRE CAB' I,Xk,'AVAT10N- LIMI'l- PERMIT LIMIT filt�AIWA "I (T D f k", I I IS ON T[ I IS, J,f N I, -D TE` INIP( R1 -r C,D y ()ti-1 9- 1 7)0 A �19 0( INTER(IFTITIN(a CANAI� Z N, 01, 1,S: K RPOSI-TO CROW TI-IF MINE SITE IS NOT LOCA4113IN' A FLO(ID H AZA R 1) A R L'A AS R LFFIRI -N CI '' 11) F1 R ki 17207602'(K)J, DATED M A Y 15, ?WA ZONT, X, THERE IS NO NATURALLY OCCURRIN6 WETLANDS ONITHIS, SITF- 4. THE M IN I NG OPERATION WILL LL NO`1- REQ U! I RE ANY TYPE , OF PROCF SS I N 6 PR0(J'J)UfR K 5, THERE IS NO EXISTINO STRUCTURES ON SITL- EXCAVATING EQUIPMENT FOR MINING RJI-IMAINS 6, PER IODICA IJ- Y STOCK PILES A R F GFN F R A,rE., ij o N s 7. HAUL ROAD AS SHOWN ON SITE PT AN, S, THE TOPOC%RAPI IY OUSITE IS RELAT I Vf"t N FLATANN'D SOIL TYPF t-IFLVS IN PREVWrING SEDIMENTATION RUN-OFF FROM SITE. 1), I -AND INSIDE THE PERMIT AREA WILL CON'f1N,,t IF TO kf`. USED FOR FARMING UNTIL DISTURBED BY MINING ACTIVITIES. 10, DFWATF-RJNG WILL BE ACCOMPLISHED BY PUMPIN6 FROM, PONDTO W)ND AND/OR BY THE USE, OF P-OND WATER FOk TI4F , IR.R KIA'IJON OF CROP'. NoJT-, NOT TO EXCEFI) (91.0(X1 (;AI-1,01NS PER DAY 11. ALL DISTURBED 11FIRMI'VITO S1711, DRAINAC-F, IS TO BFDIRI,`,(144) TO TI I L PIT (P(,)N DS) I ". A S 1111 AIT C A N NOT B F , LJ S FD 1, OR POND [11, L. 13. ONLYUNCONTAMINATED Solt— STONE. CONCRETEWI-14 K-A IT RI RAR OR OTHER CLEAN INERTCONSTRU(-FION MAERIA1 J. MAY BE USED FOR B NI:FFICI A L F1 Lf 14, PONT) WATER MAY BE I :SEDTO 11 RJ6ATI-'1 CROPS, A I i, LiUbl$ AKNI,"51 Kk) k'j S8FET LO LAND, L, W 1. F APPLICANT: BOX 96 . ... . tl_7860 v 0 Ni1-01 4,AND, LLC �§uf AP P L I C A T 10 N l'�W IRON 11111f, 0. 0 FOUND IRON PIPIT OWNER: 11,0, Box 96 PER , 7-53 0 FOUND kOl) PANTFIG0,1NA'", 27800 la 2 PVC pillf-, OVEIR NY9W IRON P41E NAN Lj N0 k N4 AKW"W, L'*A1F.k1NF- 00ki.-) S] I " AND OR V!- i S I -D JIM I-,, "'T 1'k, V R A F "0 LOULAND PIT [3-.- 1.>, Flo - TO I"XISTIN6 PFRIMIN �l JO-ACI: W`AT)il? fQ,I)w, 64 REAI.Ji p 150 0 150 300 �5 C C..C'AL.F. )c ..,!J—IEY DANL: vi. I LN, 1 Lj wi, 1� D GRAPHIC SCALE EFT WAS 47: ORIGINAL PERMITTED AREA MODIFICATION yp ---------- - ------ AFFECTED AFFECTED TOTALS CATEGORY ACREAGE ACREAGE NILINI it 3i NONE .. ... . .... ...... .. .. . ... ... . .. .... . .. .... .. ... . . . . ... .. ... . ..... ....... . ......... ... .... .. . ... ........ . ................................... . ....... .... .......................................... . .... . ......... MINE EXCAVAII[IN ...... ...... ...... ...... . . . . . . .......... f ---- --- 13 u R. 7 i . . .......... ........ __4 AREA IN TRACT TOTAL: 1 78. 16 78.16 78.16 PERMITTED 1�, 7 . .... . ...... .... .. . . ..... . . ......... ... ..... . .. . ...... . ....... . . . . ..... . ... ...... .... iIE PROPOSED FILL AREA USING OFFSITE FILL IS 7.2 ACRE NC GRID ... .......... ... . .... FARM LAND p1his *I V 2 2 ;1 Z� FARM [AND vou �2 S�1C} 145 14 pkja . . . ...... ... ... . . .. ....... p$m4tir.r Fllter fay .. . ........ ... . ......... 7-1 7 T NIJ A�A ti low ME WASHED STONE ENTPAWA so XA" 20, NOTES: I. TIES SITE WAS USED AS FARM LAND FOR PURPOSETO GROW ROW -CROPS. 2. THE MINE SITE IS NOT LOCATED IN A FLOOD HAZARD AREA AS REFERENCE TO FIRM 372(Y76020W., DATED MAY IS, 2003. ZONE X. 3. THERE IS. NO NATURALLY OCCURRING WETLANDS ON THIS SrTE., 4, THE MINING OPERATION WILL NOT REQUIRE ANY TYPE OF PROCESSING PROCEDURE 5. THERF IS NO EXISTING STRUCIVMS ON WE EXCAVATING EQUIPMENT FOR MDM40 REMAINS ON SITE. 6. PERIe%DICALLY WC" PILES ARE GENERATED ON SffF-. T HAUL RoAD As SHOWN ON srm PLAN. S. THE TOPOGRAPHY OF SITE IS RELATPVELY FINT AND SOIL TYPE HELFS.1N PREVENTING SEDIMENTATION RUN-OfT, FROM SrIE. 9, LAND rNSIDE THE PERMIT AREA WILL CONTINUE TO BE USED FOR FARMING UNTIL DISTL)RDED BY MINING AC'rT%rrrfPIZ 11.0. DEWATER. TO PONMlD AND/ORBYOTMHE SE OF POND PUFOR IROT0 NEW N PIPE UWAER t THE IRRIGATION OF CROPS. # FOUND IRON PIPE &K k" vvxh NOTE . NOT TO EXCEED 90,000 GALLONS PER DAY, 0 FKWND ROD Nn post Ord cgmwt i ®PVC' PIPE 11. ALL DISTURBED PERMITET) SITE DRAINAGE IS TO BE DIRECTED . .. ....... TO THE PIT (PONDS). 0 2" PVC PIPE OVER NEW IRON PIPE - DITCH 11 ASPHALT CAN NOT 13E USED FOR POND FILL 4xu STONE AND GRAVEL SEDIMENT TRAP 13. ONLY UNCONTAMINATED SOIL, STIONE, CONCRETE WITHOUT DIRECTION OF SURFACE WATER FLOW 4b * f. Min REBAR OR OTHM CLEAN IN]ERT CONSTRUCTION MATERIAL , mom. . ......... . . .... MAX HE USED FOR DENEFWLAL ' FILL. POND .... . ... . .... ...... ........ . . . ........ . . . .... . . ... 14. POND WATER MAY BE USM TO IRRIGATE CROPS. 24- e m 1) x I m u tAI LOPED FIOR R FLA)W 15. ALL POND FUJL TO BE S RAIN WAIF TO J - - - - ------- - -- INTO POND. FARM LAND RIP PAT-, "0' MINNUM N i- koi �11)1' j7) MAXIMUM A FULL Natumt ... .. . .. ... . . . . ....... . I T V,^ 'Wd . ... . ..... ED 1.3 - rllNC PJ`�'JV'� 4 R.CLAIMA_HON POND SPILLWAY CROSS SECTION TYPICAL MINE CROSS SECTION A TO his VTMKAL 5CAff NO ��U AIT: BOB13Y ARMSTRON 4n ET *F 2 ID I LOULAND, LLC = PLAN APPLICANT: ReCLAOATIQrq�, P-0. BOX 96 PANTEGO, N.C. al ARPLICATION LOLTIA N-D, LLC OWNER: RO. BOX 96 p E&IT"' 07 53 PANTEGO, N.C. 27-9w_% A, AREA MAP I I w v_AJ , p$m4tir.r Fllter fay .. . ........ ... . ......... 7-1 7 T NIJ A�A ti low ME WASHED STONE ENTPAWA so XA" 20, NOTES: I. TIES SITE WAS USED AS FARM LAND FOR PURPOSETO GROW ROW -CROPS. 2. THE MINE SITE IS NOT LOCATED IN A FLOOD HAZARD AREA AS REFERENCE TO FIRM 372(Y76020W., DATED MAY IS, 2003. ZONE X. 3. THERE IS. NO NATURALLY OCCURRING WETLANDS ON THIS SrTE., 4, THE MINING OPERATION WILL NOT REQUIRE ANY TYPE OF PROCESSING PROCEDURE 5. THERF IS NO EXISTING STRUCIVMS ON WE EXCAVATING EQUIPMENT FOR MDM40 REMAINS ON SITE. 6. PERIe%DICALLY WC" PILES ARE GENERATED ON SffF-. T HAUL RoAD As SHOWN ON srm PLAN. S. THE TOPOGRAPHY OF SITE IS RELATPVELY FINT AND SOIL TYPE HELFS.1N PREVENTING SEDIMENTATION RUN-OfT, FROM SrIE. 9, LAND rNSIDE THE PERMIT AREA WILL CONTINUE TO BE USED FOR FARMING UNTIL DISTL)RDED BY MINING AC'rT%rrrfPIZ 11.0. DEWATER. TO PONMlD AND/ORBYOTMHE SE OF POND PUFOR IROT0 NEW N PIPE UWAER t THE IRRIGATION OF CROPS. # FOUND IRON PIPE &K k" vvxh NOTE . NOT TO EXCEED 90,000 GALLONS PER DAY, 0 FKWND ROD Nn post Ord cgmwt i ®PVC' PIPE 11. ALL DISTURBED PERMITET) SITE DRAINAGE IS TO BE DIRECTED . .. ....... TO THE PIT (PONDS). 0 2" PVC PIPE OVER NEW IRON PIPE - DITCH 11 ASPHALT CAN NOT 13E USED FOR POND FILL 4xu STONE AND GRAVEL SEDIMENT TRAP 13. ONLY UNCONTAMINATED SOIL, STIONE, CONCRETE WITHOUT DIRECTION OF SURFACE WATER FLOW 4b * f. Min REBAR OR OTHM CLEAN IN]ERT CONSTRUCTION MATERIAL , mom. . ......... . . .... MAX HE USED FOR DENEFWLAL ' FILL. POND .... . ... . .... ...... ........ . . . ........ . . . .... . . ... 14. POND WATER MAY BE USM TO IRRIGATE CROPS. 24- e m 1) x I m u tAI LOPED FIOR R FLA)W 15. ALL POND FUJL TO BE S RAIN WAIF TO J - - - - ------- - -- INTO POND. FARM LAND RIP PAT-, "0' MINNUM N i- koi �11)1' j7) MAXIMUM A FULL Natumt ... .. . .. ... . . . . ....... . I T V,^ 'Wd . ... . ..... ED 1.3 - rllNC PJ`�'JV'� 4 R.CLAIMA_HON POND SPILLWAY CROSS SECTION TYPICAL MINE CROSS SECTION A TO his VTMKAL 5CAff NO ��U AIT: BOB13Y ARMSTRON 4n ET *F 2 ID I LOULAND, LLC = PLAN APPLICANT: ReCLAOATIQrq�, P-0. BOX 96 PANTEGO, N.C. al ARPLICATION LOLTIA N-D, LLC OWNER: RO. BOX 96 p E&IT"' 07 53 PANTEGO, N.C. 27-9w_% A, AREA MAP I I w v_AJ , ............ .. . .... .. .. . ................ . ...... ....... ...... . . . ..... 4,50, SILT, FENCE, TYPICAL POND OVERFLOW/SPILLWAY �MAA, Oel t L gar To scm�o NO SCALE . .. ... ... Taw /v4 .... . ... .. ..... AL .. ....... .... �r J11 . . . ....... T w An Km Eli :T Anq: A, r.,� i; e A 2�&:.y E US: FA 4- -t, . .... ........... ij� oC 4'. NE . i 9 :�i M, J� 1p�q li�� 7- "PI'll. ............ ... W. E.:: I w 1. . . ........ .... k �Sx x A, z mK AR : ::::.: w:_� : .: 4.:.. A�, ... .... ... .. .. . ....... _"J e4W, . ... ........ AL. NUR A k np U _2 00. APPLICATION FOR A MINING PERMIT • NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT QG�Q (PLEASE PRINT OR TYPE) �Oy 1. Name of Mine Louland Pit County Beaufort River Basin Tar -Pamlico Latitude (decimal degrees to four places) 35.0593 degrees North Longitude (decimal degrees to four places) 76.6408 degrees West 1 Name of Applicant*L Louland, LLC 3. Permanent address for receipt of official mail** P. O. Box 96 Pante o N.C. 27860 Telephone 252 943-2082 Alternate No.1 )NIA 40., Mine Office Address P. O. Box_96, Pantego, NC 27860 Telephone ( 252 )943-2082 _ S. Mine Manager Bobby Armstrong We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. * * * Signature Date Print Name Bobby Armstrong Title Owner This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. * * The Land Quality Section must be notified of any changes in the permanent address or telephone number. * * * S ijznature of company officer reg uired. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt Aftf a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any pplemental 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. Map of 502 Beech Ridge Rd, Pantego, NC 27810-9745 Page 1 of 1 • • • Map of 502 Beech Ridge Rd, Pantego, NC 27810-9745 YAIaOOL When using any driving directions or map, It's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This Is only to be used as an aid In planning. http://maps.yahoo.com/print?mvt=h&ioride=us&tp= I &stx=&fcat=&flat=&clat=35.591789&clop=-76.640235... 1 / 15/2011 APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for 4 intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. (.eGENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that a "new permit" fee will be based upon): NIA Of this acreage, how much is owned and how much is leased? Acres owned: N/A Acres leased: NIA Property owner if leased: NIA ❑ If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered y t e existing permit: Mining Permit No.: NIA Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): NIA X If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered7y the existing permit. Mining Permit No.: 07-53 Total permitted acreage: 15.77 Does the modification involve acreage within the previously approved permitted boundary? Yes ❑ No X. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): N/A Does the modification involve acreage outside the previously approved permitted boundary? Yes X No ❑. If yes, indicate the additional acreage to be covered by this modification: 15.00 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 qcreage be affected (i.e.: disturbed, ground cover removed) by the mining operation? Yes X No LJ (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): 15.00 ❑ If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered y Me existing permit. Mining Permit No.: N/A Total permi_ttted acrea 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 to soil fill dirt 3. Mining method: H Hydraulic Dredge X Front-end Loader & TruckX Shovel & Truck Dragline & Truck ❑ Self -loading Scraper Other (explain): Backhoe 4. a. Expected maximum depth of mine (feet) 15 feet below surface Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Natural Surface . b. Expected average depth of mine (feet) 10 feet 5. Has any area(s) at this site been mined in the past? Yes X No ❑ -2- APPLICATION FOR A MINING PERMIT If yes, when and by whom was this activity conducted? _ Louland,_LLC _ 2007 to present • 6. Number of years for which the permit is requested (10 years maximum): 10 B. MAPS 0 1. Clearly mark and label the location of your mining operation on six 6 co ies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) conies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: 1612 Mail Service Center OR Raleigh, North Carolina 27699-1612 (919)733-2423 www.geology.ennstate.ne.us/ Physical Address: 512 North Salisbury Street, 5'h Floor Raleigh, North Carolina 27604 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.nedot.orWit/gisContact/default.html 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and 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. OutIine and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. in. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. .3- APPLICATION FOR A MINING PERMIT f� • 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 Louland 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres I inch = 50 feet 50-199 Acres I inch = 100 feet 200+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine ma that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing areNaul 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: MODIFICATION ACREAGES ONLY CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds NONE Stockpiles NONE Wastepiles NONE Processing Area/Haul Roads NNONE Mine Excavation 12.29 Other (Explain} BUFFER 2.71 Total Disturbed Acreage 15.00 NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. SEE MINE MAP FOR SUMMARY -5- APPLICATION FOR A MINING PERMIT 46. 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. A. Remove topsoil B. Excavate Sand, and fill dirt C. Load and haul sand, fill dirt, and topsoil 2. Describe specific erosion control measures to be installed nor 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. Use swales to divert surface water into excavation. U • 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). -6- APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes X No ❑. If yes, do you intend to dewater the excavation(s)? Yes ❑ No X. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: NIA. 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. N/A d. you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. N/A 4.a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No X. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? By water truck. 0 APPLICATION FOR A MINING PERMIT 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). A minimum 25 foot wide disturbed buffer having road ways and farming activities will b maintained. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). There are no natural water courses or wetlands on this site. The entire site and all surrounding lands are used for farming. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and - minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. 3 to 1 slopes will be used. 0 -8- APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design information) if needed, and the method offinal stabilization. SEE PERMIT MAPS 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). 3 TO 1 SLOPES. THERE IS NO REQUIREMENT FOR BENCHING. d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross -sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. N/A • 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. There are none of the above described items within 300 feet of the excavation. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detaillcross-section and location of each type of barricade to be used must be indicated on the mine map(s). Earthen berms 3 feet high. -9- APPLICATION FOR A MINING PERMIT 9. Are acid producin& minerals or soils present? Yes ❑ No X. If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? • • 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine map(s) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. Screening is not necessary. The excavtion is more than one half mile from the public road or a dwelling. b. Could the operation have a significantly adverse effect on the purposes of a publicly owned dark, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? None of the above items are known to exist within three miles of the site. 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 structures) to the proposed excavations) on the mine map and indicate its approximate distance to the proposed excavation. N/A 12. WiIl 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). - 1a- APPLICATION FOR A MINING PERMIT 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 all permanent channels must be indicated on the reclamation map. The area will restored to a fish pond stocked with bass and bream. Surface water flow from the disturbed area will be directed to the pond. Areas not farmed and the slopes of the ponded area will be planted to reclamation grasses. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes X No ❑. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross -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 X No ❑. If yes, specify species. Bass and Bream 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. No rock in this mine. Three foot high soil barricades will be used in areas likely to b accessed by the public. The entire area around the pond is flat and will be farmed. 0 APPLICATION FOR A MINING PERMIT *4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations far such areas must be provided on the reclamation map. LJ There will be no overburden or waste piles when mining is complete. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. There will be no processing area or stockpile areas. Roadways will be used for farming access or fields or planted to crops. 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 and provide details on permanent road and ditch line stabilization. Roadways that access cut off farmland on the north end will be left but may also be planted to crops and still used to access cut off farmland on the north end of the tract. 6. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.) No off -site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with a list of items to be disposed in said areas. All repair vendors are required to take all waste with them. This includes used parts and cable. There will be no abandoned machinery or parts on the land when reclamation is complete. -12- APPLICATION FOR A MINING PERMIT . 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for Year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for 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; c. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre). [NOTE. Include Legumes] • Seed Types: Seeding Dates. Seedinu Rates: Kobe Lespe eza February 14 to April 1 10 Bahiagrass 50 Redtop Millett I Winter Rye (grain) 15 Common Bermuda April 1 to July 31 50 Lespedaza (unscarified) August 1 to October 30 30 German millet 40 Rye grain (temporary) October 25 to February 15 120 MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: Small grain straw at the rate of 2000 pounds per acre. OTHER VEGETATIVE COVERS — TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): LIME: 2000 Pounds per acre FERTILIZER: 1000 P unds per acre 10-10-10 Revegetatio d/ on ]an approved by: Signature /' Date Print Name Hood L. Richardson Title Consultant Agency„ Hood Richardson, PA, 220 West Second Street,_Washington—NC -13- APPLICATION FOR A MINING PERMIT DETERMINATION OF AFFECTit ED 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, for each AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. _ $ Stockpiles: Ac. X $ /Ac. — $ Wastepiles: Ac. X $ /Ac. _ $ Processing Area/Haul Roads: Ac. X $ /Ac. W $ Mine Excavation: 12.29 Ac. X $ 500 /Ac. _ $ 6J 45 Other: 2.71 Ac. X $ 500 /Ac. _ $ 1,355 TOTAL AFFECTED AC.: 15 Ac. (TOTAL PERMITTED AC.: 15 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 15 Ac. b) Positive Drainage None Ac. X $1,500.00 = $ None SUBTOTAL COST: $ 7.500 Inflation Factor: 0.02 X SUBTOTAL COST: $ 7500 X Permit Life (1 to 10 years): INFLATION COST: $ 12500 TOTAL COST = SUBTOTAL COST + INFLATION COST = S 9.000 • Total Reclamation Bond Cost: $ 9000 (round down to the nearest $100.00) -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, return receipt requested, to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). . The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bl). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" • -15- NOTICE ��Y// C Date• 01rsuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that Louland LLC Bobby Armstrong has applied on (Applicant Name) 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 (che,.k one): ❑ a new,surface mining permit, X a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand, fill dirt on 15 acres located one mile (Mineral, Ore) East of Pantego off SR 170o, Beach Ridge road (Direction) (Nearest Town) in Beaufort Beaufort County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING �DJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding -the specifics of the proposed minine activity, please contact the applicant at the followine telephone number: 252-975-3472 . For information on the mining permit application review process, please contact the Mining Program staf at (919) 733-4574. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Minine Act of 1971 throuEhout the anplication is made o l..ouland, LLC I'.O. Box 96, Pantego, NC 27860 (Addressee/Owner of Record's Name and Address) 9 /12-fla (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) Louland, LLC Bobby Arm trong �40ad AiLAA►ar4, - 97S—.>�c(72 (Name of Applicant: Include Contact Person & Company Name, if Applicable) PO Box 96 Panteuo_ NC 27860 (Address of Applicant) - 16- APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION IP, Hood L. Richardson , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) SEE PAGE 1 - A (Address) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) [i.e.: City Manager, County Manager, Mayor, etc.] Paul Spruill, Beaufort County Manager 121 West 3rd Street, Washington, NC 27889 Glenda Jackson, Mayor, Town of Pantego 25948 US 264 East, Pantego, NC 27860 he above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices wgre,caused to be mailed and to provide them to the Department upon request. ignature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Hood L. Richardson Title of person executing Affidavit Consultant I, CD a Notary Public of the County of ` State of North Carolina, do hereby certify that %%%%YdZ1MP&ichardson appeared before me this day and under oath dckp g ,above Affidavit was made by him/her. S � Oitness m hand and notar' l seal, this day o _r L 20 i 8 e4ny Noma - My Commssion Expires y: = 6osimission expires: _ --her 11, 2015_ ADJOINING LAND OWNERS WITHIN 1000 FEET PIN NAME ADDRESS TOWN STATE ZIP -81-2277 CAROWAN FARMS LIMITED PARTNERSHIP P.O. BOX 129 PANTEGO NC 27860 7607-08-5135 ROGER L. COPELAND AND CHARLENE MORRIS 1610 LAMAR STREET FLORENCE AL 35630 7607-07-5322 BENJAMIN G. CAROWAN, JR. P.O. BOX 128 PANTEGO NC 27860 7607-06-5624 EDMUND G. RADCLIFF, SR. 11408 MONTGOMERY ROAD BELTSVILLE MD 20705 7607-06-2724 BEAUFORT COUNTY WATER DISTRICT V, % CURTIS JETT P.O. BOX 1027 WASHINGTON NC 27889 7607-06-0973 BENJAMIN G. CAROWAN, JR. P.O. BOX 128 PANTEGO NC 27860 7607-05-4845 F.C. & MARGARIETTE LAUGHINGHOUSE P.O. BOX 279 PANTEGO NC 27860 7607-04-5541 TOBIN J. TETTERTON 118 CATNIP POINT BATH NC 27808 7607-14-4533 VINCENT L. FISCHER JR., % BRIAN FISCHER 2766 SPARTAN DRIVE GRIMESLAND NC 27837 7607-15-5734 ROBERT SPROUSE SR. 780 BEECH RIDGE ROAD BELHAVEN NC 27910 7607-25-2215 ROSCOE=RADCLIFFE,_JR..&:FRANK EVERTON .� 2236 BAYVILLE ROAD VIRGINIA BEACH VA 23455 7607-354178 GUY H. SHAVENDER, JR. P.O. BOX 206 PANTEGO NC 27860 7607-57-5318 L.H. ALLEN AND SONS, INC 385 INDIAN RUN ROAD PANTEGO NC 27860 7618-54-0996 PUNGO CO., LLC P.O. BOX 100 ALBEMARLE NC 28002 7607-17-2125 MICHAEL T. AHEARN P.O. BOX 194 PANTEGO NC 27860 7608-47-9021 R.H. BISHOP, JR. 643 WATER STREET BELHAVEN NC 27810 7607-28-2041 MICHAEL T. AHEARN P.O. BOX 194 PANTEGO NC 27860 7608-01-7033 R.H. BISHOP, JR. 643 WATER STREET BELHAVEN NC 27810 ,7607-14-9428j A.D. SWINDELL FARMS, LLC P.O. BOX 279 PANTEGO NC 27860 • • PAGE 17-A APPLICATION FOR A MINING PERMIT 4 LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: Print Name: Bobby Armstrong (Title, if applicable) Company Louland, LLC (If applicabTe) Oddress: PO Box 96 Pantego= NC 27860 Telephone: (252)_943-8986 Date Signed: APPLICANT: Print Name: Bobby Armstrong___ Title: Owner Company: Louland LLC Mine Name: Louland Pit Telephone:( 252 } 943-8986 Date Signed: *Signature must be the same as the individual who signed Page I of this application. five (5) conies of the of mine and reclamation maps, and the appropriate processing fee (see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be 0nt to the Land Quality Section Central Office at the address listed on the front cover of this application rm. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. -18- 05/11/2011 11:22 2529433308::. �.�1 03156 P.001/002 A,4+n. qi�-'liS-Sol ^0Yc CLJ,g,ej a, L bc,c �+ �i �-- 'T-�) 6,il , � K 4y-v n�_ Ins 05/11/2011 11!22 2529433308is - . #3156 P.002/002 ASStGNMP-NT OF SAVINGS ACCOUNT This Assignment, made and entered into the ^. 0 + day of &�- 20,L, by and between n , $ aPP s (addrss) City Of 2Laka Q County of cxso,, 4 , State or North Carolina and the North Carolinas Deparment of Environment and Natural Resources: and WHEREAS, The undersigned,.._ _.. _- - _ _ - �► (hereinafter referred to as "Operator" j is desirous of engaging in mining operations in the Stow of North Carolina and such mining opwations are subject to the provisions of the wining Act of 19-(1, Ankle 7, Chapter 74 of the General Sf,tes of North Carolina; and WHEREAS, NCGS 74 5D requires #hat mine operate obtain a permit from the oepartment of EnvironmW and Natural Resnuross (hereinafter ref mn d to as "Department) befort engaging in miming operations, and NCGS 74-54 requires that a surety.bond In favor of the State be maintained or other security be filed with the DepsMwt, in connection with said permit and WHEREAS, Operator has a savings account in Law,—&Q - of l ggf .� k slants) of . )4*a- Usf-t .. � 5AMI _ - - , Clty �Qij _ , County of {a�ress) State of North Carolina, Savings Aunt No. and WHEREAS, NCGS 74-54 authorizes the Department to accept from Operator an assignment of a savings account In a North Carolina hank, in lieu of a surely bond; NOW, THEREFORE, In oonslderabon of the premises and the Depertment aoc Bong an assignment of Said savirW account in lieu of a surety bond, the undersigned Operator does hereby sell, assign, tartgW, set over to the DepartmeM of Environment arrd Natural Resources dollars t$ a(o,,'ioo• 4-- _ of the sums on (dollar amourd - ) deposit in his name In 44-y t� & n.k fl n'Jn 1xu!CL City► of I" e. i baVg r . (bank name) County of State of North Carolina. Savings Aocount No. and further authorizes , a Ah- 9 A.) -hsit i Pc.ksl (bW* norm) to pay over to the Department of Environmem and Natural Resources the above scam of 7W,t&4 - S4- ` b �Lar 4i L hurd( e d dollars ($_ plc {dollar arna,itt vvtitten} out of the above money deposit in the above account In his name. 05/11/2011 09:12 2528430308 0 • #3155 P.001/003 5- U - 1 1 4+n ,L J wt q�q- 1t5-$8al ;�� 7'�)ovn� �lTu, A-r rn 25a- t Vi 05/11/2011 09:13 25294333080 #3155 P.002/003 ASSIGNMENT OF SAVINGS ACCOUNT This Assignment, made and entered into the �_ day of 201 by and between _a5$Sa t,i_5 Qkt (aprcentl (addre") City of aa ae!a _ , County of , asor . State of North Carolina and tie North Carolina Department of Environment and Natural Resources; and WHEREAS, The undersigned LoA UX_ (herslnafter referred to as "OperetDr) is desirous of engaging In mining operations in the State of North Carolina and such mining operations are subject to the provisions of the Mining Act of 1971, Article 7, Chapter 74 of the General Statutes of North Carolina; and WHEREAS, NCGS 74-50 requires that mine operators obtain a permit from the Depa*vnt of Environment and Natural Resources (hereinafter referred to as "Department l beftre engaging in mining operations, and NCGS 74-54 mquires that a surety bond in favor of the State be maintained or other security be fried with the Department, In connection with said permit; and WHEREAS, Operator has a savings account in .2A1 at f-AST 16 21Sf r a Clio of i�`r } ��____�#_� - Jr�" .� ,. County of 61a, State of North Carolina, Savings Account No.mm . and WHEREAS, NCGS 74-4 authorizes the Department to accept from Operator an assignment of a savings account in a North Carolina hank, in lieu of a surety bond, - NOW, THEREFORE,. In consideration of the premises and the Department accepting an assignment of said savings aocount in lieu of a surety bond, the undeRtigned Cpemtor does hereby sett, assign, , set over to the Department Of Environment and Natural Resources dollar$ ($ �� o. � of the sums on (d ) .� deposit in his name in 'qs llrrwva bank A� t A.,± , City of t&''kbayen roan, rrarrre) County ofd-.r- . _ . State of North Carolina, Savings Acoount No. and further authorizes _ SaLAh-et-w ? LA ui(_ I R+X57 (bark rrarrre) to pay over to the Department of Environment and Natural Resources the above sum Of dollars ($ cc , (dollar amount written) out of the above money deposit Ih the above account in his name. Rev. Doe 200s )nn/rnn'A 1001P.2 90EEE08Z5Z E0:41 LLOVOL/90 05/11/2011 09:13 2529433308 . 13155 P.003/003 The condition of the foregoing assignmert is #* if the assignor Operator conduda the mining operations faitht'ully, honestly, and lawfully and in compliance with the requireMents of the Mining Act of 1971 and applicable Rules and Regulations adopted pursuatd ffw to, titian this assignment shall be null and void-, otherwise it shall remain In full foroe and effect Compliance with the requirement of the Wing Act of 1971 and applicable Rules and Regulations shall be determined by the D+eparmt This assignment is made and the CfknFi Df_-)j:PbSiT' (Passboak deposit bmk etc.) is to be held by the Department as collateral security for all direct or indirect liabilities of the assignor Operator to the assignee Department that may arise by reason of the Mining Act 1971, Article 7, Chapter 74 of the General S lutes of North Carolina. This assignment shall be direct authorizaEion to &ui'KOA -)—tTo (bank name) to pay said sum to Departumt on demand by Departrnent (Sim of Ao-pfioard) Swom to before me this,��__r- day of Notary Public ' - ' (Affbc Seal) • . AGKNOVI/MEQGEME 131 MNK - - The foregoing Assignment of Savings Account is hereby acknowledged this -LQ day of � �, 20i.L. It Is further acknowledged that funds In the above mefittorlerf - - account shall not be disbursed except to the assignee, Departrnen of ENR while the assignment remains in effect. This the O day of 2o� by - _k, (d&aized agent for) (mailing address of bank) Sworn to befo this La day Of Gt. 24 r Notary Pubic My CommlWon Expires - 60, 2:2o/,3 (Aft Sall) LAND QUALITY SECTION 1612 Mail Service Center Raleigh, NC 27699.1612 Rev- Dec 2" Z00/ti00,4 VgL8t e0889V6Z9Z 81 VL LLOVOL/90 0 TRANSMISSION VERIFICATION REPORT TIME NAME FAX TEL SER.# 05/10/2011 14:10 NC DENR DLR 9197158801 9197333833 xxxxxxxxxxxr DATE DIME 05/ 10 14: 08 FAX NO./NAME 912529433308 DURATION 00:01:14 PAGE(S) 04 RESULT OK MODE STANDARD ECM North Carolina Department of Environment and Natural Resources Division of Land Resources - Land Quality Section Mining Program 1612 Mail Service Center, Raleigh, North Carolina 27699 (919) 733-4574 Fax: (919) 715-8801 FAX COVER SHEET FAX NUMBER TRANSMITTED TO: _ _ 'Q�Gl --9 ('3 ` -1 To: Of: From: an Date: COMMENTS: *IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE US IMMEDIATELY AT (919) 733-4574. 0 L ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is,desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the rnallpiece, or on the front If space permits. 1. Article Addressed to: Mr. Bobby Armstrong Louland LLC PO Box 96 3. Pantego NC 27860 ro'=Aall ❑ EVrew Mail egistered ❑ Return Receipt for Merchandise i ❑ insured Mall ❑ C.O.D. 4. Restricted Deilvery ? {Extra Fee) . F ❑ Yes 7008 1300 1'00004 1125 ; 2'943 Domestic Retum Receipt 102595-02� 540 2. Article Number (fiansrer / om'seMco.laAel) PS Form 3811, February 211f)4 Vent r Addressee B Received Prfn• �Name), C. Date of Delivery 1 1Yz l7iS I S -11.11 t D. is delivery address different from item 1? ❑ Yes If YES, enter deihrery address below: ❑ No RECEIVE IMAM 1 e),)fii ._ • 4 • NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist May 10, 2011 Dee Freeman, Secretary Certified Mail Return Receipt Requested 7998 1300 0000 1125 2943 Mr. Bobby Armstrong Louland LLC PO Box 96 Pantego, North Carolina 27860 Re: Louland Pit Mining Permit No. 07-53 Beaufort County Tar River Basin Dear Mr. Armstrong: The review has been completed on the modification request you/your company submitted for the referenced mine site. However, the following is needed to continue processing your application: The reclamation bond was calculated for this site using the information submitted on the revised mine map. The reclamation bond for this site has been calculated to be $26,500,00. The calculation worksheet is enclosed for your review and the bond or balance ($1,185.00.00) will be required prior to approval of this renewal. For your convenience, I have enclosed a bond form, an assignment of a savings account form and irrevocable standby letter of credit form for your use in securing the required bond. The name on the security must be the same as the name appearing on the application for a mining permit, i.e., Louland L.L.C. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. Please be advised that the modification request cannot be completed until the new bond amount has been received. As required by G.S. 74-51 (h), you are hereby advised that you have 60 days from the date of your receipt of this letter to submit the reclamation bond. 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. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 919-733-45741 FAX: 919-733-2676 512 North Salisbury Street, Raleigh, North Carolina, 27604 - Internet:htip://www.dlr.enr.state.nc.us/pagesAandqualitysection.htmI An Equal opportunity / Affirmative Action Employer-- 50% Recycled 110% Post Consumer Paper CERTIFIED MAIL Mr: Armstrong Page Two In order to complete the processing of your modification request, please forward the bond to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 Please contact me at (919) 733-4574 if you have any questions. Sincerely, qUA;4' Judith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosures: Bond Forms Bond Calculation Worksheet cc: Mr. Pat McClain, PE Mr. Hood Richardson, PG, PE -- 110 West St., Washington, NC 27880 APPLICATION FOR A MINI G PERNUT E. DETERMINATION OF AFFECTED ACREAGE AND BOND L`'% Tine following bond calculation worksheet is to be used to establish an'appropriate bond (based upon a range of'SMO to S5.000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the approximate acreage,, for each aspectafthe mining operation, that you intend to a fect during the life o1-this mininzpermit (in addition. please insert the a ra riate reclamation cost/acre or each categoryfrom the Schedule o Reclamation Costs provided with this application form) OR you can deer to the Department to calculate vour band for vnu hnvP i CATEGORY' Tailings/Sediment Ponds: Stockpiles: Wastepiles: Processing Area/Haul Roads: Mine Excavation: Other: TOTAL AFFECTED AC.: (TOTAL PERMITTED AC.: AFFECTED ACREAGE Ac. Ac. 1.16` Ac. Ac. Af-'I Ac. RECLAMATION RECLAMATION COST/ACRE* - COST--.- - . X $ /Ac. = $ X $ /Ac. _ X S P C`i 0 '/Ac. X $ " O./Ac. X $ �1C)D . �O./Ac. Ac. X 3O •,17 Ac. 0 .'7 Ac.) S /Ac. = $ Temnorary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage '3d - 22 Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: S inflation Factor: OU 0.02 X SUBTOTAL COST: $ X Permit Life (Ito 10 years): INFLATION COST: S i . SZ) TOTAL COST = SUBTOTAL COST + INFLATION COST = $ O1 fd J L 4 0 Total Reclamation Bond Cost: S afDd (round down to the nearest $100.00) _14_ fo, APPLICATION FOR A NII*G PERMIT • �.Dil�,�,� �� E. DETERMINATION OF AFFECTED ACREAGE AND BOND joJ, Tire following bond calculation ivorksheet is to be used to establish an appropriate bond (based upon a range of'S.500 to S5.000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life oj*the mining permit. Please insert the approximate acreage,- breach aspect ofthe mining operation, that you intend to affect during the life ol'this mining;permit (in addition, please insert the appropriate reclamation cost/acre tbr each cate-ory rom the Schedule of Reclamation Costs provided with this application form) OR you can defer to the Department to calculate your bond for you based upon vour maps and standard reclamation costs. - AFFECTED RECLANIATION RECLAMATION CATEGORY ACREAGE COST/ACRE* Tailings/Sediment Ponds: Ac. X $ /Ac. _ $ Stockpiles: Ac. X $ /Ac. — $ Wastepiles: 1.tS' Ac. X $01 00b`O/Ac. _ $ 300py° Processing Area/Haul Roads: Ac. X $ o /Ac. — $ ia01(v o0 Mine Excavation: Af-fici Ac. X $ 9� 00/Ac. _ $ / 895.0Z) Other: Ac. X $ /Ac. — $ TOTAL AFFECTED AC.: 30 ��ri Ac. - - (TOTAL PERMITTED AC.: Q .r7Ac.) Temporary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 30 . �J] Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ b 06 X Permit Life (1 to 10 years): INFLATION COST: $ TOTAL COST = SUBTOTAL COST + INFLATION COST = $ , SI to 610 4 Z) Total Reclamation Bond Cost: S_ 0 0 (round down to the nearest $100.00) 0 -l4- 6nW e-,,, nods I I $e, ! ' � �� �� f �_� �' M e' • ,,� � �, � i .. .. � .. a �' I ,.. �.t+� 'y ' �. � r+� � � 'r + � + Wenner, Judy From: Novak, Gary Sent: Friday, May 06, -2011 10:01 AM To: Wehner, Judy Cc: Ward, Allison; Mcclain, Pat Subject: Louland Pit, P# 07-53 (ADI) Attachments: Gary A Novak.vcf Judy, Please see below our additional comments for the above mine: Prefer to have the mine operator move the asphalt stockpile to an area outside the permit boundary. Show the haul road within the mine permit boundary. Exclude the materials currently stockpiled near the entrance of the haul road. Please call if you have any questions, Gary A. Novak NC Department of Environment and Natural Re.. EnVirenmental Senior Specialist 252•946-6Q1 ext. 3860 Work gar y.novak'_ancdenr.gov North Carolina Depaarmment of Environment 943 Washington Square Mall !ashington, ijorth Carolina 27839 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties :y >'/,�y l�% ®l — 5�3 Dy�J4 44�4 Page 1 of 1 Main Identityr From: "Cooper, Gabrielle" <gabrielle.cooper@ncdenr.gov> To: "Hood Richardson" <hrichardsonpa@embargmail. com> Sent: Thursday, April 21, 2011 10:26 AM Subject: Re: Louland Mine permit Hood, I pulled your registration form and Table 2E was not filled out. Please fill this section out since this gives us the ocatio t e ro oe wa toe tewe zt 11 an you do not fill out the top or bottom of screen columns. You may fax that to 919-733-3558 and make it to my attention. It does not matter to us that the water is not leaving the property. It is the act of taking water out of the ground and please remember that it only takes 1 day out of the year of pumping more than 100,000 gpd that would require a CCPCUA water withdrawal permit. If the mine stays under 100,000 gpd the only requirement for reporting water withdrawals is through registration which is annual reporting. I would send Land Resources a copy of the registration form once corrected and make a note that since the water withdrawals are under 100,000 gpd and you only need to register with DWR. You may want to consider leaving a phone number to get in touch with you when you send an email. Thanks, Gabrielle On Apr 20, 2011, at 2:29 PM, Hood Richardson wrote: 1. 1 senton or about April 11 a Central Coastal Plain Capacity Use Area Water Withdrawal Resitration for Louland Pit, a sand mine permit number 07-53. 2. Operator will be pumping from one mine hole to another in order to dewater. No water will leave the property. (Does it make any difference within your permit whether or not water leaves the property provided we pump the quantities described herein?)The sand pit is a maximum of 15 feet deep. Some water may be used for farm irrigation. 3. Will not pump more than 100,000 gallons per day. and will only pump about 20 days per year. THE DIVISION OF LAND RESOURCES, LAND QUAITY SECTION IS REQUESTING THA WE PROVID PROOF THAT WE HAV EOBTAIND ANY NECESSARY PEMIT/NOTIFICATIONS FROMTHE DIVISIONOF WATER RESOURCES REGARDING CAPACITY USE. CAN YOU SEND ME SOMETHING IS WRITING OR DO I NEED TO PROVIDE YOU WITH ADDITIONAL INFORMATION? THANK YOU. HOOD RICHARDSON, PE Gabrielle Cooper Hydrogeologist II gabrielie.cooper@ncdenr.gov office: (919)715-5370 fax:(919)733-3558 "E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. R-,CE11/ED 4/21 /2011 ib 0 Central Coastal Plain Capacity Use Area Water Withdrawal Registration North Carolina Environmental Management Commission Department of Environment and Natural Resources Division of Water Resources 1611 Mail Service Center, Raleigh, NC 27699-161 l Water users in the fifteen counties designated as the Central Coastal Plain Capacity Use Area who use more than 10,000 gallons of water per day, for purposes other than individual household use, aie re4uiired by law to register their water use and report aiirivally t`o'the Division of Water Resources.-Eicbper`so`n wiio withd&O's iriore than 10,000 gallons of surface or ground water per day shall submit this form, by January., documenting the prior year's water use. Please provide accurate longitude and latitude coordinates of withdrawal locations or on a trap with a scale of at least 1:24,000, such as a USGS topographicmap, locate and label withdrawal locations. Topographic maps for this purpose may be printed from the Division of Water Resources website at wxr",.ncwater.org under the link for the Central Coastal Plain Capacity Use Area_ Ia: REPORTING YEAR PJ0f lb: COUNTY I FO.h Ic: Registration # 1 �YQ Q t`d a'd (to be filled in by nWR) ty Lvv1�41tt�- P,•.;r�o�-3fio ld: Facili Name 1 le: FacilityAddress ��� S3. i�tf e . O -C � 6 If. Company or Person Making Wt drawal aip j 14A- j fi�� i g: Contact erson . - GG ' _ /� ,>!4 : Title Co VL I is MailingAddress . r T f � � I� � lj: cityP/¢,d TesrD -I k: state�4 lf: Zipcode �. S6 0 / lm: Telephone i� 73L- 3 '7Z 1n: Fax (T� /4�f / _ _ lo: Etnail �,-n1 Ll k:t d.f�?st PR �P.✓+t�.�-K4 r •GtJy+�t 2a: Type of Water Use: Public Water System (PWS ID# ) Industrial ( SIC Code #: or NAICS Code # : ) Agricultural Irrigation Livestock Aquaculture Golf Course Irrigation Landscape Irrigation Mining Temporary Dewatering (less than 12 months) 2b: Total Daily withdrawal capacity ' 00/ D.) 0gallons River Basin 7--A % to be felled in by nWR Note to Irrigation Water Users: You may use either table or both tables below to report water use depending on what sources of water (ground or surface) you use, however you must convert inches of irrigation water per day to gallons per day using the following formula: (Average number of acres) X (average number of inches of water applied per day) X (27,152,40 gallons per acre -inch) = gallons per day Example: (25 acres) X (0.5 inches of water) X (27,152.40) = 339,405 gallons per day Table 2c: DAILY GROUND WATER USE BY MONTH FOR THE REPORTING YEAR Fill in the table below recording the number of days each month water was withdrawn, the average amount that was withdrawn for the days used, and the maximum one day withdrawal for month. Report withdrawal amounts in lrallons of water. Enter "0"_for months with.no withdrawals. Month # of Days Used Vera a Daily Withdrawal for Days Used (gallons) Maximum One Day Withdrawal for month (gallons) Month # of Days Used Average Daily Withdrawal for Days Used (gallons) Maximum One Day Withdrawal for month (gallons) Jan Jul- t Feb Mar Sep Apr Oct May Nov Jun Dec DWR CCPCUA-1 August 21, 2008 LJ RECEIVE® APR 26 2011 _,.� ril lAi iTY SECTION • Table 2d: DAILY SURFACE WATER USE BY MONTH FOR THE REPORTING YEAR Fill in the table below recording the number of days each month water was withdrawn, the average amount that was withdrawn for the days used, and the maximum one day withdrawal for month. Report withdrawal amounts in gallons of water. Enter "0" for months with no withdrawals- Month # of pays Used Average Daily Withdrawal for Days Used (gallons) Maximum One Day Withdrawal for month (gallons) Month # of bays Used Average Daily Withdrawal for Days Used (gallons) Maximum One Day Withdrawal for month (gallons) Jan Jul Feb Aug Mar Sep Apr Oct May Nov Jun Dec Table 2e: GROUND WATER SOURCE INFORMATION FOR THE REPORTING YEAR (complete a row in this table for each ground water source) Report all depths in feet below land surface and pump capacity in "gallons per minute" (gpm). 0110 ytra 19 Well or Sump IdentifierLalitudc . , I,ongittrdc th Well Depth (feet) D t'b to top of screen or open hale (fit) Depth to bottom' of sctsen (feet) -Depth to _ pump intake (feet) _ 3+R' Diameter (inches) # of days used this year Pumping Ca m P act �' (gpm) o!Y Ae 74. wsw *If latitude and longitude are unknown you may mark and label the locations of all wells on a map to he submitted with this form. Use the same identifiers used to report data in Table 2e. Table 2f.- SURFACE WATER SOURCE INFORMATION FOR THE REPORTING YEAR (complete a row in this table for each surface water source) Report pump capacity in "gallons per minute" (gpm). Withdrawal Identifier `Latitude •Longitude Name of Stream supplying withdrawal site. Is withdrawal from a pond or lake? Y or N Is withdrawal Gom a rivrr or stream? Y or_Nj # of days used this Vear Pumping capacity (gpm) •If latitude and longitude are unknown you may mark and label the locations of withdrawals on a map to be submitted with this form. Use the same identifiers used in Table 2f. Please sign and turn the completed form to: CCPCUA Withdrawal Registrations, NC Division of Water Resources, 161 '1 Service Cen r, Raleigh, NC 27699-1611. For assis cc 1919-733-40 } P /TYPE Name of Person Rcgiste ' g Title Signature Date DWR CCPCUA-1 August 21, 2008 .".��" `. "Y "tea r.c k: C j,a',..0 �. r ✓^'.a, w .... • 0 MINING CHECKLIST FOR ROUTING Ayykod's Notre: L o uk / A m a Pmjfct Nwa: � cY�N�wG� P✓+ Ap$c.IPerettt NO.: 0' "5-3 CW d': fug �� dZ,� Ds* ReMVek- 3 I1 V RMewm 0A RNCr M& NAM ❑ /New ❑ RLMCWAI ❑ MOdftuff01! (ba dtlemft ta) (abide ye 6utdaria) ❑ Trm* ❑ R&M ❑ PWthd Rel" Addttfand Irftrntatian ❑ Fee Nadid: ❑ Fee Reeetwi. P6w route aft lfeatfon aN a to. Chee h5V to one copy and attach th the DWQand DAQ'Mtn V Appltcattan RCVW Form to the other coil% scud bads ogga to the RePFW Date: ROW 41 11(1/11Reed ❑ DtvfM Of Water Resources Date: ROuted Reed ❑ Ne wdAl C Resources COnnnfsston Ddte: ROtded Reed Cl US FfSk & WtldUfe tie ft Daft: ROW Reed (only new appicaudw and etOdtftcatton requests kd add land to thcpm a) Pk= MU fW 3 Pages Of the A11r1t dfM and MY laeaUn MW to. ❑ DfAdM v1 Paths & Rfareon Date: ROW Rind ❑ NC Gf$lVf&d Survey Seaton Date: ROW Reed Cl WON Of Madre Fbkerfes Date: ROW Reed ❑ DtAft e f SOd & Water CO11fCr 9UM (Pk$ LEA) Date: ROW Reed (0* aw apyltcattons and mae4kofton requests that add W to the yerrntt) ❑ DMSIOn Of Ankh & wtstary (only new applieattaas) ❑ othm DAte: ROW Reed Date: ROW Reed •*Suspense Date fa Cols vents k f3 e- r XC (no later than as days f m reed t) ❑ Pkw note the fek": Tb YL (/OG v 0e, • C7 Ms. Judith Wehnner Assistant State Mining Specialist Land Quality Section 16t2 Mail Service Center Raleigh, N. C. 27889 RE: Louland Pit Permit No. 07-53 Beaufort County Dear Ms. Wehner: Hood Richardson, PA Engineers — Surveyors — Geologists 110 West Second -Street Washington, North Carolina 27889 (252) 975-3472 April 11, 2011 After sending you the maps earlier today I discovered that Beaufort County is in the Central Coastal Plain Capacity Use Area and we are required to file if we use more than 10,000 gallons per day. Therefore, I am sending you two copies of our filing made this date. L. Richardson, PE, PG, PLS R 0 Central Coastal Plain Capacity Use Area Water Withdrawal Registration f \«irks Carolina Environmental Management Commission D,, parl ment of Environment and Natural Resources! Division of -Water Resources l61 1 Mail Service Center, Raleigh, NC 27699-1611 o>> Water users in the fifteen counties designated as the Central Coastal Plain Capacity U,-;c Area who use more than 10,000 gallons of water per day, for purposes other than individual household use, are required by law to register their water use and report annually to !Ere Division of water Resources- Each person who withdraws more than 10,000 gallons of surface or groundwater per day shall submit this form, by January 31". documenti,rg thy prior year's water use. Please provide accurate longitude and latitude coordinates ofwithdrawal locations or un a reap with a scale of at least I:24,00U, such a, a t.)ti(_;5 ;opjur:yrhic map, locate and label withdrawal locations. Topographic maps for this purpose may be printed Crum the r)lvisiun of Water Resources websiie at %k tt tk arc%voiv; , midt:r the link for the Central Coastal Plain Capacity Use Area. Ia. REPORTING YEAR Ib: C0L71NTY oz Q/4Vr Ic: Registration# +' � � f/j '7(to be filed in by DWtt) Id: Facility Name Lv`�r ��G ► (97 le: Facility Address �+ OL U If, Company or Person Making Withdrawal /'t'n"arto'y I l a: Contact Person{ 1&;� Ii: Mailing Address r fJ 10 ') IY j-'0_40 j: City-19 lk: State C 11: 'code ��,�� L-) Telephone iz P 6252- - i �r 7) ' 3 `� % In: Fax (�� 1o: I_n:arl lm: Tele i rj/�c�l 2a: Type of Water Use: Public Water System (PWS lD{t ) lntin;triai I 'SIC r:nde # '. or\A[CS Code # : ) Agricultural Irrigation I.ivcitock Aquaculture Golf Course Irrigation Lantiscapr Irrigation � Mining Temporary Dewatering (less than 12 months} 2h: Total Daily withdrawal capacity /��� �� J gallon; River Basin la� Ito be tilled in by D%VR) Note to Irrigation Water Users; You may use either table or both tables below to report water use depending on whal sources of Wester (ground or surface) you use, however you must convert inches of irrigation water per day to gallons per day using the following formula: (Average number of acres) X (average number of inches of water appiied per day) \ (27,152.40 gallons per acre -inch) = gallons per day Example: (25 acres) X (0.5 inches of water) X (27,152.40) = 339,405 gallons per day Table 2c: DAILY GROUND WATER USE BY MONTH FOR THE REPORTING YEAR Fill in the table below recording the number 01-days each month water was withdrawn, the avu-age ;:mullet that was withdrawn for the days used, and the maximum one day withdrawal for month. Report withdntwal amounts in gallons of water. Enter "0" for rnonlhz with mi wiihdraxvols. Month of Days Used Avg Daily Withdrawal for Days Used (gallons) Maximum One Day Withdrawal far month (gallons) \lontlr I j _!'! r: > c t:,,•d Average Daily Withdrawal for Days Used (gallons) Maximum One Day withdrawal for month (gallons) Jan Jul Feb A Mar cl' Apr = May Jun Dec DWR CCPCUA-1 Ativust 21, 2008 0 Table 2d: DAILY SURFACE WATER USE BY MONTH FOR THE REPORTING YEAR Fill in the table below recording the number of days each month water was withdrawn, the avrra_c ❑ nounl that was withdrawn for the days used, and the maximum one day withdrawal for month. Report withdrawal amounts in gallons of water. Enter "0" for months with no willidravvals. Month # of Days Used Average Daily Withdrawal for Days Used (gallons) Maximum One Day Withdrawal for month (gallons) Alorttl) f Days lke0 Average Daily Withdrawal for Days Used (gallons) Maximum One bay Withdrawal for month (gallons) Jan Jul Feb Au_ Mar Sit) Apr Oct May Nov Jun I). Table 2e: GROUND WATER SOURCE, INFORMATION FOR THE REPORTING YF'AR (complete a row in this table for each ground water source) Report all depths in feet below land surface and pump capacity in "gallons per minute" (irpm). Well or Sump Identifier [.atirudc 'Longitude Well Depth(gpm) (feel) ] ),:pth to lop of screen ur:grelr hole (Eger) Depth to bottom nl'scrccn (feet) Depth to pumpDiameter intake (fret) Well (inches) ) # of days used this Year Pumping capacity P �` 'If latitude and longitude are unknown you may mark and label the locations of all wells on a map to I-,, nhnritrcd with this }thin. Use the same identifiers used to report data in Table 2c. Table 2f. SURFACE WATER SOURCE INFORMATION FOR THE REPORTING VVIA R (complete a rmv in this table for each surface water source) Report pump capacity in "gallons per minute" (gpm). W,11,dtaw4l ]drntifirr •I-atitade 'Longitude Name of Stream cupph•m^ w;:ial;:rl,,rt ;ac Is withdrawal from a pond or lake? I Y or N Is withdrawal from a river or stream? Y or N At ofdays used this vear Pumping capacity (gpm) 'If latitude and longitude are unknown you may mark and label the locations of withdrawals on a map to hr ,uhatiu:.rl with this form. Use the same identifiers used in Table 2f. Please sign and return the completed form to: CCPCUA Withdrawal Registrations, NC Division o! w'at,r Kci< tares. If 11 tilai 5crri c Ccn[cr, Rale h, NC 27699-161t. For assistance call 919-7 3-40F4. � PRINT/TYPE Name of Person Regi taring Title Signantre Date DWR C'CPCUA-1 AuLrust 21, 2008 MINING CHECKLIST FOR ROUTING AyyUca &s Name: -Lou I n b ( L l C PrO�ccf Name:. _ Lmt,.L(A,.� a�j o Ayyllc.IPtrmit t.T..N- fi� Date Radvad: y t Reftm .,� Rion' Bash Name: � J ❑ Ntiv ❑ Rtmwal ❑ Modiftuum (tnstdtye►ndi kn&Ha) ® Moth Ream (Oiitstdt ytrmtt kun& tas) ❑ Tram fu ❑ Release ❑ ParU Release 3( AMUOnal 70r U&M ❑ Fa Nailed: ❑ Fct Rtcttwi $ AM mutt CRUM fiWk&M L96 4EC fo: 1 Rcgtanal ja (z roue Wytea; attach the SCLS RVONA odiee MlmlpWWhtdtm Rerw Chal<It& to one Wyy ad 96h W the DWQ.and DAQ'M" Aph&off i.Ma Fo►ne' to the other w , and both m to the R[�fOnal �tneer} Doh: Rated Reed ❑ DtvtsiOn o f wattr R1sm[M Date: ROW Ru d ❑ NC wildltft Rt== CONRnUdM Daft: Roattd Rwd ❑ LtS Fish & Wtldltft Scrota Daft: ROW RWd (0* nnv ayyltcdMw and n AftwU n njuesb that add Iand to thepodt) Fkast We terse 3 Pats of flu whcaUm and ov lacatton mans to: ❑ DMft of Parks & R=Oon Dais: Rattad Ra'd ❑ NC GWIWW Survey Section Daft: Rattad Ru'd ❑ DM tmt o f Marint Fishold Daft: ROW Ra'd ❑ Dtvtstat of Soil & Wattr Constrvattan (ybis LEA) Dak: Routed Reed (only"ay hattm and nroocatim nqucsts that add w to theyerndt) ❑ Dtvfstan of ArckM & Wstpr' (only w gylicaum) ❑ othm Date: Raped Reed L Daft: Rattail Reed • *SWYCXfC Date fnr COniil[eltff: CjI ( (no later than x5 days from rtcctyt) ❑ Platst note thefib". . 4 • C� Ms. Judith Wehner Assistant State Mining Specialist Land Quality Section 1612 Mail Service Center Raleigh, N. C. 27699 RE: Louland Pit Permit No. 07-53 Beaufort County Dear Ms. Wehnen Hood Richardson, PA Engineers — Surveyors — Geologists 110 West Second Street Washington, North Carolina 27889 (252) 975-3472 April 11, 2011 RECEIVEND Responding to your letter requesting additional information dated April 4, 201 l: I . The storage volume of Pond A and Pond B are 2,000,000 gallons and 6,360,000 gallons respectively. These ponds do not presently have drainage outlets and outlets are not required in this flat topography. Freeboard to the local seasonal high water table is three feet. These ponds are not fed by a drainage basin. The pump will produce 12,000 gallons per hour and operate 8 hours per day. Pumps will be operated between sun -up and sun -down. Pumping will be from pond to pond and is estimated to.be required about 20 days each year. 2. Because we will be moving,less than 100,000 gallons per day a permit is not required from the Division of Water Resources. 3. Off site generated stockpiles for soil and asphalt with acreage are shown on the map. The area to be filled is shown on the map. Cross section of the filled pond with acreage is shown on the map. Asphalt is not to be used for fill. Water from the ponds may be used for irrigating farm crops. Sinc y rs, Hood L. Richardson, PE, PLS, PG E 0 , y li"r •. } 1 t-1 t . .. T0. .. . ■ Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so thdtwe,can retum the card't(5'you. ■ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: A. Signature X V-'t V%'— <F5) Q-L (Prtnte¢L&iiVeL _ I C. Y\- ry 5k 54t ' IJAP t 106 D. Is delivery address different from item l r ❑ Yes If YES, enter dellvajwgdr�lpt�ji ❑ No MR BOBBY ARMSTRONG I LAND QUALITY r LOULAND LLC 9 � ! PO BOX 96 Certified Mall j Express Mail PANTEGO NC 27860 Registered Saturn Recelpt for Merchandise ❑ insured Mail C.O.D. 4, Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number { 7 p p 13 0 O t] d 112 5 2? 07 U)ansfer from service label) 1 P5 Form 3811, February 2004 Cfl' Domestic Return Recelpt -0.— 1 ( 102595-02•M-1540 4 AT, i`lw. 1 0 ,NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist April 4, 2011 Certified Mail Return_ Receipt Requested 7008 1300 0000 1125 2707 Mr. Bobby Armstrong Louland LLC PO Box 96 Pantego, North Carolina 27860 RE: Louland Pit Permit No. 07-53 Beaufort County Tar River Basin Dear Mr. Armstrong: Beverly Eaves Perdue, Governor Dee Freeman, Secretary We have reviewed the modification request your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: Provide the amount of storage volume of pond A and B have to receive the pumped water. Provide the pump capacity and hours of operation for the pump to be used to dewater. 2. Provide proof that you have obtained any necessary permit/notifications from the Division of Water Resources regarding Capacity Use 3. Designate the off -site generated stockpile areas and provide acreage for said stockpiles. In addition, designate the area to be backfilled with beneficial fill on the mine map. Provide cross -sections of the proposed fill area and acreage for said area. Note that asphalt is not considered beneficial fill and may not be used to backfill any slopes. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:hUp://www.dlr.enr.state.ne.uslpagestlandqualitysection.html An Equal opportunity 1 Affirmative Action Employer — 5D% Recycled 110% Post Consumer Paper Certified Mail Mr. Armstrong 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, NC 27699-1612 As required by 15A NCAC 5B.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, Whn dith A. Weer� Assistant State Mining Specialist Land Quality Section cc: Mr. Pat McClain, PE Mr. Hood Richardson, PG, PE — 110 West St., Washington, NC 27889 0 Wehner, Judy From: Novak, Gary Sent: Thursday, March 31, 2011 2:43 PM To: Wehner, Judy Cc: Mcclain, Pat; Ward, Allison Subject: Louland Pit P# 47-53 Attachments: Gary A Novak.vcf Judy, I have only one comment to make. • I'm not in favor of stockpiling broken asphalt within the permit boundary; I do not have a problem with the other material he is planning to bring on to the mine permit area. However, we should make it clear that only clean soil can be brought in, free of asphalt chunks, plastic pipe, rebar and broken concrete with rebar, to be stockpiled within the permit boundary. Please give me a call if you have any questions, Gary A. Novak . NC Department of Environment and € .atural Re. , Environmental Senior Speciallst 252-946-6481 ext. 3360Work eary,novak9ncdenr.go:, tlortl, Carolina Dep tar tment of Environment ti ... 943 Washington Square•hlall 'Washington, North CArollna 27389 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties .. ..r-... �.....-•'�.�r..+.''�+:�_,,,,A"+��p''•v."GI!'lr."i`�!"'�`�.'.y-^..-w••.yr•.�+,,r�.�5,,.-:.<...�.,.�.....,.-,�...ti,....,�„r.�,..'^'.`�,,,r::.;%h„iY...+'�"'_ra n„ .,,,..y.,w•e^Y S�++-++-•'�"w�+,R.i'�fMn+^J • • MINING CHECKLIST FOR ROUTING AyyhW&S N=: r . Project NW9: 1 4 U "L/ LL U L Ayylk./PMU No.: 0 7 - 5 Cawq- &A Dak RWZtved: Rf*wcr.. Ow, River Bash NAM: �n , ❑ New ❑ RentWal 1 'eMod wm (tnsldeperntft Uoundarits) -�44katton (autstdeperwt ) ❑ Transfrr ❑ Rtleafe ❑ Partial Rd= ❑ Uenal I*Mgttn ❑ Fa Nailed: ❑ Fee Reatved: Pk" mile dire a iicattan ac ay to- Regional Offta (2 conyleie copies; attach the -qs ROWW of fist Mining Appltcaifon RMIN CllCtl<k& to 09 Copy and a h both tk DW(Z fl d DAQ•M14t1g A)plfcatton RC*W Ffflr to the 00W W% Rd kth rOpfCi to At RtfffooAl Date: ROW Q Read ❑ Dtvt R 4 Wda RGsaurces Date: Routed Reed ❑ NC Wilda Resources Canunis m We: Routed Reed ❑ us Fish & wtuo scrvw Date: Routed Reed (only mw Theatlons aad n4wam ru(utsts that add land to thepern to Please route first 3 maces of the ar kcaitan and ay locatEon MANS to: ❑ Dft ton � Paths do Recregn Dak: Rautrd Reed ❑ NC Gtolagteal " Sccttaft Doh: Raukd Reed ❑ Dtvistatt Martnc Ftshertzs Dan: Round Reed ❑ Division Soil & water Ozmaftmi (plus LEA) Doh: ROW Reed (only ntw appltcattens and aradtflc&M requests drat add land to the pmatt) ❑ Dtvt N of AtchtM do Htsfory (only na appltcattans) ❑ oihn: Date: ROW Ra'd Dan: Round Ra'd * 0SUFeW Date f ff comments: Ll ( (tm Wer than zs dajrs front rru)t) /� , „� �1 q, Roll ❑ Please note tht jallatpt - • n Ms. Judith A. Wehner Assistant State Mining Specialist Land Quality Section 1612 Mail Service Center Raleigh, N. C. 27699-1612 RE: Louland Pit Permit No. 07-53 Beaufort County Major Modification Dear ms. Wehner: Hood Richardson, PA Engineers — Surveyors — Geologists 110 West Second Street Washington, North Carolina 27889 (252) 975-3472 March 8, 2011 Responding to your letter of February 28, 1011: 1. Enclosed are copies of return receipts and unclaimed mail as proof of notification. 2. The buffers are labeled un-excavated. All drainage ways are shown. The north arrow is convected. 3. The owner desires to de -water by pumping from pond to pond. Also, pond water may be used to irrigate crops. The storage area for pumped water are the two excavated ponds. No more than 90,000 gallons per day will be pumped from pond to pond. No more than 90,000 gallons per day will be used for irrigation. 4. Details for the stone and gravel sediment traps are shown. Please note that this property and adjoining properties are flat. The drainage ditch along the east side is a common ditch and is also used by the farmer on the east side to drain land to keep from drowning crops. Therefore, the owner proposes to grade the buffer area so that surface water drains to the excavated ponds. All disturbed areas in the permitted area are to drain to the excavated ponds. This is indicated by surface water direction of flow arrows along the east boundary. 5. Off -site generated material has been removed from the permitted and the modified permit areas. The owner desires to be able to bring clean construction materials (concrete, brick, used stone, soil, and old asphalt) onto the site for stockpiling in permitted areas. Such stockpiles would have swaled drainage directing surface water to the excavated ponds. These materials may be removed from the site from time to time. In addition, the owner desires to bring clean construction materials as described above with the exception of asphalt on to the site for the purpose of filling a part of the ponds. Also, the original permit calls for the use of silt fencing along roads. Site conditions are such that silt fencing is not required at any location on this site. Three sets of maps with the requested changes are enclosed. Sincere , d L. Richardson, PE, PLS, PG Cc: Mr, Bobby Armstrong Disc o •. C 7 - F3'k`r i-r - isr:"SFCW.Z^Y ,P R �' Comp, items', e a tj3 Also; complete v t item 4,If Restricted'Delivery is clesEred },4. ' " ■ Print your, name'and "addtlass on the 4eve`rse so that we carrretur i the card;to ybu . ■ Attach this caiid to thwback of.the mailpiece,' or oh th6 frontif spaca;pei tks. 1. Article Addressed to: MICHAEL TrAHEARN'' P.O. BOX 194� PANTEGO/NC 27860 y ( )' C: Date of (IDelivery " t): Is'delhreiy;j�ddress dlffererit from item i? Dyes' IhYF..S, enter°delivery address below: ❑ No 3.` ce Type ECertified Mall ' '. ❑❑N�ess Mail. Ol Fiegletered' I ArRetum Recelpt,for Merchandise '.❑ Insun3d.MaEl'�'' ❑`C.Oa;. '4. Restiicted Delivery?. (Extra Fee): ❑ Yes 2. Article Number 7O09 3410 0001 9601 2812 (Transfer from service labeo PS Form 3811, February 2004 : Domestic Return Receipt 196 D?•M•tsae ■ Com lets Iterrts t -:2 and 3 u`rr" `' c "" ' *: , p ,� Alsociimplete,'� z � '� �'A.�r81 n � re''rr item 41l:IRestrtcted Delivery is,desired " � � `` ■ Print your name erid s�dreas'on the reveise x.. so that we can return the card`to your ■ Attach this card,to•the�back of -the rriailpfece, or on the"troll If space.perml4s. / 1. Article Addressed to:.; D. Is delhrery address df[TereM fivm�ft r PI C� f �j) rn If,YEB,'enter del iv© �� 09 ❑'Agern ❑ No A� V ` �Certtfled.Mal1 ❑ F_xpress Mall: ?j 7' rL]-Registered eptum:Revel 1 for Merchandise ❑dnsutrBd Mall' 0 6;o.D. .4: Restricted Dellvery?'(Extra Fee) ©Yes 2. Article Number 7009 2250 0002 7303 5539 (Transfer from service la __,._ _ ' PS Form 3811,- February 2604 Domestic Ratum Receipt to2595tl2•M•t540 ■" Complete$em$ 1�12;��a11d 3 'AISO COmpl9t9l�fd""�' 'l A.1�;$I lure � rl 'rr �r ,,,:. Item 4 If f3estricteri Dellvery'Is desired: / ❑'Agent ■ Print your name'and address on lheireverse X'v . n `• `rv' Addre so that we can: return the card to you. B. �Rwe!ved.by.(PrfntGd Name) C. Date of Del a Attach this card to the back of,the mailpiece, ;; /� or on the front if.space,permits. 9 1. Article Addressed to: ' D:. Is delhiery address dittereM from Item 17 ❑ .Yes If YES,.enter deliirery address below: ❑ No R.H. BISHCIPt-JR. 643 WATER STREET BELHAVLN. NC 27810W. � ; l!S Cert1}Ied Mail R)apnjss Mall Registered 16 Returri Receipt for Merchandise ❑ Insured Mall - ❑. C.O.D: 4. Rostricted'Delivery? (Extra Fee) ' ❑,Y&y 2. Article Number 7009 3 410 C1 C101 9601 2 8' 4 3 (Ransfer from service label) PS Form 3811, February 2004 bomestic Return Receipt 102595W•µ•1sao Is Com late Rerns 1 r'-2" ` " ,� n,n p ;Also"ovrrtplete,� Rem 4 If Restrlctbd'Deltvery,ls desired. ' � Print your name and addtess,6ri the revse er so that we can,r6turn•the 64r .46`you: A -Atfa6h thfs'card:to the back ofihe,mallplece, or on,the froht If,gpace pormfts. 1. Article Addressed tv: ❑ ant dresses Recel d by (Prfnf' d NSn ) ' C.,Date of Delivery fi D: Ie de ' '. address dlitemrn troir i kart; .1?. ❑ Yes it+YES;enterdetivaryaddrbw'below: ❑•No BENJAMiN G. CAROWAN, JR. ; P.O. BOX 128 PANTEGO, NC 27860 3: S .., ;.Tyw . MrCCertl[ied Mall ' 0 Express Mail t7�Re&t6k)d `- c ' at.m-Recelpt.f& Merchandise . >❑;hsuieo.Mall.:.-,'❑�C.d';D. , 4;° Restilcled Dellvory?;(Eztra.lae) tO'Yes 2. Article Number 7009 3 410 B O D 1 9601 2 713 (rmnsfer f om:servlce label) PS Form 3811, February 2004 Domestic!Return'Recelipt ` %02595-02•M•1540 : _ 7 ■ 'Complete itemsl2; and'3. Also complete Item 4 It Restricted Delivery,Is deslrBd ■ Print your name and -address on thereverse. so that we cerf retum the card,.to,you: ■ Attach thls,card to the'becli ot,the mailplece, or on the front it space permits. 1. Article Addressed to GUY H. SHAVENDER, JR. P.O. BOX 206 PANTEGO, NC 27860 A Si mature KAgant -tAddressea by (Pri' J ,C.' Date v Delivery Hr�� �t D, is dd44ry address airf� t from nem.t? ❑ Yes It YES, enter delivery addressor below: ❑ No 3 type lff Mall C1 Fjcpress Mail wr elan Receipt for Merrhandlse ❑',Insured Mall , ❑+C.0.0. 4'. Restricted Dpllveryfd1(Fxtra Fee) ❑ Yes 2. Article Number 7009 3410 0001 9601 2782 (Transfor from service labed) PS Form 3811, February 2004 Domestic Returi4:Recelpt`"�" 102595-02-M-1540 ). a Complete'ltems,,l i2, and'3: Euso;camplete Item 4' if Aestrlcted Deliveryja daol 5 : ■ Print,your name and address'on the'reverse so that we can return the caid'io you. ■ Attach this card'to the back of the mailpiece, 1 or on the front Ifspace permits. t. Article Addressed to: PUNGO CO., LLC P.O. BOX 100 ALBEMARLE. NC 28002 n © ,vent Received.by'(Prinfed Name} C.' Dat at D e wd'r,' le dellvei y adttn3ss different from item 1? 0 Yes If.YES, eater delivery address below: ❑ No 3. �aJrvlce.lYPe Lr7 Gem lod Mall ❑JF, pms Mail ❑ Registered.' , e. Rewm Receipt for Merchandise 0 Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number ?009 3410 0001 9601 2829 (Transfer from service foW + PS Form 3811, February 2004 DomestlCReturn Recetpt 102595-02•M-1540 .� U[liil�ItlltliI1W 112f;�}�r1G J.'M4.`iV.VGiriFliriltl �.y 'r fteni 4.fT• Restricted Detive'ry, ls.desired: , ' ., "' •' s,- Agent a print your'name and address on the reverse .; „X `" Grasses so that'we ceniretum the card to'ycu B4ecehred by'(Prfnted:Name) ' - ` C bate of Cleliver .Attach`thls card�to the track of the maiip" , or on the front if space"perriiits. D. Iq'doiiveryt sddram afften3r,t from Kern't?: ❑ •vas . Article Adaressod'to: ' If -YES, enter delivery ac14 sq below: '❑ No F.C. & MARGARIETTE LAUGHINGHOUSE P.O. BOX/279 PANTEGO, NC 27860 Ckfled Mall 0,'FXpn3sa1Mall D Reglsteretl C>getum' Receipt, for.Mervhandise ❑:`Insur'ed Mail C.O. 4.` Restr*ctatl Delhiety'? (Eirtra'Fse} ❑ Yes 2. Article Namb 71109 34100001 9601 2775 from service; „ (Transfer le$el)' P5 Form 3g11;' February.2004 '00rmestrc Return Receipt • 10259W2•M•1540 ; • • • • r ;:,i ;. a Complete Items 1, 2, and'3 A1sb complete' A sl rsature Itarri 4.0 Restricted Delivery is desired: ` " lb,Agent X. ■ ' Print your narrte'and address; on `the reverse 1j,'Addressee e the. c so that wcan return ard io you. B Recelved by ( Prfrifed Name) � � C. Date of Delivery ■ AttaChi this card to the .back of,the inallpiece, or on,theQront,if apace permits: D Is'aelivary.eddress dtfrereirt,from Hem t7 ❑ Yes 1. Article Addressed to: If Ym-e'nte dellve dd belo p ❑'No BEAUFORT COUNTY WATER DIS'I RICT V, % CURTIS JETT ;3:" CertType lfted:Mall eas Mall '?;.Expr WASH TON, NC 27889 b'Ri eigisiered; fletum Receipt for Merchandise ©';InSun3davlatl b•C.Q.D., 4: ,Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7009 3410 0001 9601 2737 pansfer from service late# PS Form 3811 , February 2004 D0'me5tic Retu'M! R9C91pt s4259s-02•M•t540 SECTIONy i ON mn •, u a a r.^ur, re r y f r .� q o1MfR T ;-: ,' ^ ■'rcomptete ltems;l'; 2, artd'9 Also;camplete°� AxslBnatura ry<; . Item 4' If Restricted Dailyery [s deskred. X.r ,' Agent ■ Print•your name and,adress on the reverse fY' Addressee so ttiat,we can ratum the card to"you. 6 Recely by( tad N ) C. Date of Delivery i ■ Attach -this card'to the'.back of,th'e mallplece, �O j I ' t `- - or on the front -If space permit's.' is' alivety address dlnere;7t from nem t z ❑.vas 1. ArcicSe Addressadxo:. if YES, enter delivery address below:' ❑: No CAROWAN FARMS LIMITED V. PAI NERSHIP P.O. BOX 129 RANTEGO, NC 27860 3. s ce.ryre ❑ certified man FxpraSs Mail ❑ Registered :Btut'ri Recelpt for Merchandise •l)'Insured'Malt' ' ❑ C,O.D. 4. Restricted Delivery? (Extra Fee) ❑. Yes 2, Article Number 7009 3410 0001 9601 2690 (Transfer fnim ser ylce 1"0. 'PS Form 3811, February 2004 DomestiCRatum Receipt io25s5az•�t•�5ao °Complete'ktems i; 2, and " �MY. z � a .:Also complete,, , Item 4 N Restricted Delivery;Is,deilo ■ Print your. emo.andaddress:on'the; reverse so that -we can return the'6rd46 you. ■ Attach this card'to the. back'of:the`rnt ifIpiece, or on'ihe front It space permits. 1. Article Addressed to: TOBIN J. TETTERTON 118 CATNIP POINT BATH, NC 27808 O Addressee g FeCelved by (Printed N9me)' C Dete'of eltve D. Is delivery address dOerent,t om Rerrt,l? ❑' Yes I I YM enter. delivery address below: O' No Iffbehffied Mail 0,}F�fpress Mall ❑'R9glstered teturrl Receipt for Merchandise b Ineiued'Mell , .'0 C':O:p. ' L4.-'Reiimciod`aeiivary?;(F-ttrnFee) ❑,Yes 2. Article Number'7009 3410 0001 9601 2768 (transfer from service AebefJ PS Form 381-1;•February 2004, Domestic Return Receipt 102595.02-M-154D ,:.J&,c, ■ ,t;orciplete`ltems `12`end 3 'Also complete Item 4 if Restrlctt3d`Deliver cleslred , ■ Print your name and addm,ss"on'th'e reverse` so that we can r6tuin,the card to,you.' • Attach this card to the back'of the mallpiece. or on the front If space penults. 1, Article Addressed to: A.U. SWINDELL FARMS, LLC P.O. BOX 279 PANTEGO, NC 27860 p Agent Addressee ' 8,; Recelved'by (Wrrite4 Name) C: Date of Derivery ,�ldil L 'Lru is' �'•'[( D` is•deliveryy'eddressdifferenttrom'ttem 11-- O'Yes 11YES, enter delivery address below: ❑ No 3. ��.1ype , Geri{fied Mall ❑= ress Mall' 10 Reg 'a etuM Rece.lpt for Merchandise ❑ `Insured all' O C.O.D: .4.'. Restrlcted'De[ivery? X8x Fee) ; 13 Yes 2, Article Number 7009 3410 0001 9601 2744 (riansfer from service labor) PS Form 3811, February 2004 Domestic Return Receipt t02585-02 M.154o i �' Goniplete ttetris,l ',2, and 3:`Aiao canplete"�" Item 4 if.Resbicted;Delivery!Is desired ■ Print your rlema and address on the;navers,e so that we can return�tSe caid_to,you. ■ Attach,this card to the'back of.the mailpiece:- or on the tront It $pace permits.. 1. Article Addressed lo: I'vAd seo 6. Received-t y (Printed Name) C. Date of Delivery D. Is delivery address different from Rem 1? ❑ Yes If YES, entar'delivery address below: ❑ No L.H. ALLEN AND SONS, INC 385 INDIAN RUN ROAD PANTEGO, NC 27860 : 3.1 Sepdoa Type . Cert[fted:Mitil, 0 press Mail.1 aRi eglstered W104tum Receipt for Merchandise to Insured -Mall D c.6.D. 4. Restricted Delivery? (EV. Fee) 0 Yes 2. Article Number 7009 3410 0001 9601 2836 (rlansfer from 'service label) PS Form 3811. February'2004 Domestic Return Receipt 10259s•o2-M-1540 item 0; Pdhty6ur- na6j'.'4!s ,-id addres•ori the iviversvoy 0so tHat.we can return the cardttti , y�--- tt' sicdrd A achihi-4 o(jhr' .' or on She front '. if r, m sppc6 Perts:r,, 1. Article Addressed t AL, U.'Addil IrYaaorB5SWeMrrtftWnitem j? UlYeS. r,d �0`1'v`e..Y.ar ' -ddr6 � $ ' wbelow:. " 13 No ' /h k - 7 .� 7v - -7 " �D , :S�lce Typ Mall 0 Expims Mail AC L3,1RegEstged Afiieturn Recelp't for Merchandise Mel C.'O.D.- Restricted , De'Wily?. (E* Fee) 13 ye3 2. Article Number,; (Transfer trwn "Mce lat* 7009 2250 0002 7303 5546 PS Form L3 811 -,:'Fab . ruiry 2OD4 DC'Imestle Rinunn'Recelpv 1025V,02-M- 1540 Rem 4 It, Fli;std6ted' Deilvery is desired ■ p . nnt your, name - and idamwomthe.reVerSe so that we can. retumtKe'6iidioy6Li--- 0 Attach this back of tFie.mailplece or on the*onflf a ac; . a ". p,e,rmats. 1. Article Addre''Ssedlof') EDMUND G.,RADCLIFF, SR. 11408 MO4TG'0MERY ROAD BELTSVILLE, NID 20705 Agent �2 n7(Ptintedftiimej Date w Delivery c��iy.T, '---K'0'Ac lbt,'I 'de ydress d t tro if yei, enter d(Ai'very address Wow:, rj:NOL .3. Sce Type CYCertIfled Mel' El, R6giaier . ad =7 Mali for Merchandise 0. lnsuied Mall O:C.O.D. 4. .'Rastrloted Delivery? (Extra Foe) 0 yes 2. Article Number, 7009 3410 0001 9601 2720 mraniw fmrri ioMci label} PS Form 3611;. Februpry, 2604 borneMI6i qturn-RecGiipt'-' 1025a5-02-' I M-154 1 0 * CoMplete-.ttd=',l,"2idhdd3: AWO obrTl,%ft,.., Rem 4'tf;ReStA6tpdD6l"'* is'd"rpd. - r * Print your,narne andiddrawon thwi ' evem so thbtLWe '6jn, return the card 'to y"6 u. * Attach-fti 6ird, to the back ofthe iTiallplew, or on,the. fr6nt.ti' "*e'permft's. 1. Article Addressecl to: --7 �3 P4 4 ..x q U3 Agw A �-x to dellywy addnm di%�dint from hem yes It YES, erviier: de;il'vevy addressbel: I ow: 0 No "1 13 ewnm Mall Metered �n R"pt for M&Than(UM J*Wu A:. FlagEtiCtad pelhrerj/1;(Extt Fee} C3 Ye`- 2. ArWe Nufter 7009 2250 0002 7303 5577 pwrsfer ftm iwi*8 !abet} PS Forwf-3811, Felbtl]lar 2004 boomas `Retiim 'R"pt w 1. '4 D ,t O � Q o En _ to 4 o am o �aa a uoa cap c Wino °n v�aL _ -i owo F- � m xaw o iKaJ �+ — ti M WHZ m MJJ I w al fa m w O Ci H x !i u m 2 �•w �Ir ' �. ,� l .� 1 ' 1 l i Beverly Eaves Perdue Governor MEMORANDUM i Aly NCDENR North Carolina Department of Environment and Natural Resou Division of Marine Fisheries Dr. Louis B. Daniel III Director TO. Kevin Hart Habitat Alteration Permit Reviewer Division of Marine Fisheries, Wash. Reg. Office FROM: Anne Deaton, Chief Habitat Protection Section Division of Marine Fisheries SUBJECT: Mining Permit Renewal APPLICANT: Louland LLC Louland Pit PROD. LOCATION: Beaufort County DUE DATE: February 25, 2011 D FEB 10 2011 DMF-HABITAT PROTECTION I Dee Freeman Secretary LC FEB 2 4 2011 DMF-HABITAT PROTECTION i ►uut oz 2011 Indicated below is the Division of Marine Fisheries reply for the above referenced project. If you have any questions, please do not hesitate to contact me. REPLY: This agency has no objection to the project as proposed. A— This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See Attached. This agency objects to the project for reasons described in the attached comments. SIGNED: dr 26L DATE: 21A 712,olt 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 One Phone: 252-80HO66 \ FAX: 252-727-5127 1 Internet: www.nedmf.net NO3-tli Caro ina An Equal Opportunity 1 Affirmative Action Employer Naturally AT, * DA 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 January 31, 2011 MEMORANDUM TO: Ms. Anne Deaton Habitat Protection Section Division of Marine Fisheries FROM: Brenda M. Harris Mining Program S cretary Land Quality Sectio SUBJECT: Mining Permit Renewal for Louland LLC Louland Pit %eQuFor�- Cv�n'� Resou L @ FEB 10 2011 IMF-NASI'IA"fi Beverly Eaves Perdue, Governor Dee Freeman, Secretary 9 Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater, estuarine, or marine fisheries (G.S. 74-51 (2)). Please respond by February 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. Judy Wehner at (919) 733- 4574 if you have any questions. I1Tii1i� 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 r North Carolina Beverly Eaves Perdue, Govemar MEMORANDUM A74 NCDENP* Department of Environment and Division of Water Resources Thomas A. Reeder, Director February 28, 2011 TO: Ms. Judy Wehner Land Quality Section FROM: Gabrielle Cooper (11 Ground Water Management Section Division of Water Resources SUBJECT: Comments on the Mining Permit Renewal Request for: Louland LLC. Louland Pit Beaufort County Natural Resources Dee Freeman, Secretary Please find attached a copy of the mining permit renewal request for the above referenced project. The Louland Pit 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 mine starts to withdraw 10,000 gpd to 100,000 gpd of water, they will need to register their water withdrawals and if this mine starts to withdraw 100,000 gpd or more of water, they will need to obtain a CCPCUA Permit. A Central Coastal Plain Capacity Use Area (CCPCUA) permit must be obtained from the Division of Water Resources if the withdrawal exceeds 100,000 gallons per day and occurs in Beaufort, Carteret, Craven, Duplin, Edgecombe, Greene, Jones, Lenoir, Martin, Onslow, Pamlico, Pitt, Washington, Wayne, or Wilson County. If you have further questions, you may go to the www.ncwater.ora and click on the link for Central Coastal Plain Capacity Use Area or contact the Division of Water Resources at (919) 715-5370 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 One Phone: 919-733-40641 FAX: 919-733-35581 Internet: www.ncwater.org NorthCarolina An Equal Opportunity ! Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper )v4duraliff Ar, il,'Av 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 January 31, 2011 MEMORANDUM TO: Mr. Nat Wilson Habitat Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris 4$60� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Louland LLC Louland Pit Beaufort County Mine Dewatering Proposed Beverly Eaves Perdue, Governor Dee Freeman, Secretary ® No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on potable groundwater supplies (G.S. 74-51 (2)). Please respond by February 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. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 IKC�DENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist February 28, 2011 Certified Mail Return Receipt Requested 7008 1300 0000 1130 9975 Mr. Bobby Armstrong Louland LLC PO Box 96 Pantego, North Carolina 27860 RE: Louland Pit Permit No. 07-53 Beaufort County Tar River Basin Dear Mr. Armstrong: Beverly Eaves Perdue, Governor Dee Freeman, Secretary We have reviewed the modification request your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: Provide proof, such as copies of the return receipts from certified mail, that any new adjoining landowners and county manager have been properly notified. 2. Label the buffers on the mine map as undisturbed or unexcavated. Show the location of all drainage ways on the mine map. Correct the north arrow. 3. A pump has been reported on site. Clarify dewatering activities at this site. Pumping from one pit to another still constitutes dewatering activities. If this is what you intend to do, provide details, including gallons per day to be pumped and storage area for the pumped water, if you do not intend to discharge. 4. Provide sediment and erosion control measures along the field ditch on the east side. Include a construction detail for the proposed stone and gravel sediment trap. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 I PAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dir.enr.state.nc.us/pages/landqualitysection.html An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled / 10% Post Consumer Paper 0 • r ■ complete items 1, 2, and o.Also complete i Rem 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return. the card to you. ■ Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: MR BOBBY ARMSTRONG LOULAND LLC PO BOX 96 5 4 `IMF Ot�� Addressee SyMecelved by (Prfnted Name) f c Date of Delivery 0..Is delNary�Cidre sad fwit tronm ite 17 0 Yes �Htl'ES,tei deihreiy address ❑ No MAR 0 3 2011 —E Certified MailrR..,hulMl Melt PAIVTI=GO NC 27860 Registered Receipt for Merchandise❑ Insured Mail.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number j .. _ . Y - _ .. -, - fHensler tror►i sp ce ?aeeo 4 s s 7 0 0 8 a 130 0: 0 0 11r 3❑ 1 997 5 j P5 Form 3811, February 20D407-:53Domestic Retum Receipt �—�� r! �rl-M-WI5ao ` r. Certified Mail Mr. Annstrong Page Two 5. Off -site generated material has been brought onto the mine site. Either remove the off -site generated material from the permit boundaries or provide information regarding said material, such as, location of stockpile, type of material to be stockpiled, its origin, acreage for the stockpile, permanent disposal details, etc. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. 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, NC 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, J dith A. Wehner Assistant State Mining Specialist Land Quality Section cc: Mr. Pat McClain, PE Mr. Hood Richardson, PG, PE — 110 West St., Washington, NC 27889 Wehner, Jul From: Novak, Gary Sent: Monday, February 28, 2011 8:11 AM To: Wehner, Judy Subject: FW: Louland Mine #07-53 DWQ Review Attachments: 07-53 DLR - Water Quality Review Sheet 2010.doc; Gary A Novak.vcf Judy, Wanted to make sure you received the DWQ worksheet for Louland Mine in Beaufort County. Call me if you have any questions. Later, Gary A. Novak NC Department of Environment and Natural Re... £n•,ironmental Sensor Specialist 252-946-6- 31 ext. 3360'Nork gar}y.novaL,_Zncdenr, go v North Carolina Deptar.tment of Environment ti ... 9413 A,'ashington Square Mail 'kAraslrncton. North CAroruia 27339 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: Vinson, Scott Sent: Friday, February 25, 2011 3:01 PM To: Wehner, Judy; Novak, Gary; Jones, Jennifer Cc: Dumpor, Samir Subject: Louland Mine #07-53 DWQ Review Mine site looks good. No concerns found with application or mining process regarding water quality. Thanks, Scott 04TA4.10 ' Y An 0(11 r 4 J Wehner, Judy From: Vinson, Scott Sent: Friday, February 25, 2011 3:01 PM To: Wehner, Judy, Novak, Gary; Jones, Jennifer Cc: Dumpor, Samir Subject: Louland Mine #07-53 DWQ Review Attachments: 07-53 DLR - Water Quality Review Sheet 2010.doc Mine site looks good. No concerns found with application or mining process regarding water quality. Thanks, Scott Print this form to PDF Return PDF of thisl0to DLR CO by email. cc DLR RO and DWQ SPU MINING PE&IT APPLICATION REVIEW FORM for the DIVISION OF WATER QUALITY ILLED OUT BY DLR: Project Name: Louland Mine DLR Permit #: 07-53 County: Beaufort Address: PO Box 96 Pante o NC27860 YES Is this mine a new mine? t Have land disturbing activities started? Date? r Latitude:35.5923 Longitude:-76.6415 Please return comments to (at DLR CO): Judy Wehner Comments due bv: 2/25/11 SECTION BELOW TO BE FILLED OUT BY DWQ: NO Date Commencin r14- t 2007 r t 2007 Is the RO concerned that the operation, as proposed, would violate standards of water quality? No Comments: Site is on existing aq fields with no wetlands near. No dewaterinq is proposed. Watershed/Stream Name & Classification: Tar -Pamlico River Basin / Cuckolds Creek / SC: NSW DWQ Compliance Status of Mine: compliant YES NO . NODES permit required? i t [E NPDES permit existing? 3 (Permit # ) r If anNPDES permit is not required, is DWQ;; still concerned about wetland de "radation g E t b 'de -watering? Should permittee contact DWQ RO immediately? (e.g. to schedule a site visit if r RO Contact Name: t mine has already begun digging or is Contact Reason: dewatering without DWQ permit) 401 Wetland Cert required? 'r t° {r No.wetlands 401 Wetland Cert. existing? r t Permit # r t Does DWQ` RO currently have enough .; information to determine if a 401 ': r szk existing�agfields ono 401 required ' .r._ .i certification is re uired? Rev September 2010 Print this form to PDF Return PDF of this,A to DLR CO by email. cc DLR RO and DWQ SPU YES NO Are wetlands disturbed at this site? i✓ ,' Does DWQ RO suspect or know of nearby r r none close by wetlands to the site? Is a wetland delineation required prior to r- By: it -JD or :r ,'Consultant. ✓- l DWQ issuing .the permit? r Onsite?. or Offsite? . Stream Determination Needed? iv , Stream Determination Completed? Does DWQ RO need a statement that no wetlands/streams are disturbed r r for this project from applicant? Buffer Determination Needed? J.0 } Buffer Determination Completed? r , r Recycle system "permit existing?* r Permit # ,. New Recycle System permit required?* �- 17 Enough information to determine? Non -discharge permit existing?* Permit # we Will wastewaters discharge to HQW waters l_v,7Q10 Unknown (permittee determine): r with a 7010=0? ** Flow: L--,J Has Violation O&M Requirements- Does DWQ require DLR to hold, the permit �HQW17Q10.:Concerns (e.g. so DWQ can: review it further or =. • rOther. Reason: _ l; , because DWQ requires moreinformationj?r, RO contact: Ir I Hold Until: Mine must wait to dewater until an O&M r however, no dewaterinq is proposed r plan is approved? *The NPDES SW and WW permit NCG020000 covers closed -loon recycle systems, desioned to exclude all stormwater run-off from the system and operate at or below two -feet of freeboard. These systems maybe permitted by a Nan-dischar- a Recycle System Permit from the Aquifer Protection Section LAPS). OR may instead be permitted under NCG020000 to eliminate an additional permit. Recycle systems that do not meet those criteria are considered dischaminq systems, and are subject to the NCG020000 discharge hermit. **To obtain 7Q10 flows, permittees must contact the DWQ Stormwa ter 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: Scott Vinson Regional Office: WaRO Date: 2/25111 RO Aquifer Protection Section: Regional Office: Date: SPU DWQ Central Office Reviewer (if applicable); Rev September 2010 rr• Wehner, Judy From: Novak, Gary Sent: Thursday, February 24, 2011 1:00 PM To: Wehner, Judy Cc: Ward, Allison; Mcclain, Pat Subject: Louland Pit P# 07-53 Attachments: Gary A Novak.vcf Judy, The permit modification was field reviewed on 2/11/2011. Comments for the above are listed below. Map: • Identify the 25' buffers as either unexcavated or undisturbed. Note: if undisturbed no mining activity (including haul roads) is permitted in that buffer. Expand the permit on the northern area to include the field ditch and provide erosion and sediment control measures accordingly. • Provide a detail for the rock and gravel sediment trap. Application: • If dewatering activities are needed submit changes for this modification to include proposals for dewatering either pit to pit or discharging off site. 0 Off -site generated materials were noted within the permit boundary. Either remove the materials or amend the current permit modification that allows the stockpiling and disposal. Include a permit approved from the Division of Waste Management allowing for off -site generated materials within the permit boundary. Pg.8-C-5a Change 25' disturbed to 25' unexcavated buffers If you have any questions please contact me. Gary A. faovak NC Department of Environment and Natural Re., Enyrronmental Senior Specialist 252-9=6.6431 ext, 3360Work gary,novak9ncdenr.ga North Carolina Deptartment of Environment a ... e-=3'01ashington Square Mall %AiasKi0ton, NorftCArolina 27,539 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 MINING PERMIT APPLICATION REVIEW FORM for :he QIVISICN CF AIR QUAL1 T Y Prcjec:;Numoer. Caumv —Cue Dace for Comments Back :o Land Cuality 5ecdon", 2 -22 - %/ Ill-C11. , ii! :ne aceradon. as prc.csed, ,/icja:a szarcares :f air Ccrrrtents. YES NO Reviewed bv,. YA�V6� &Lpl— Oate, -I/ FEBRE C E - 3 2011 DAQ WARD ,• • rA NCDENR North Carolina Department of Environment and Natural Resources Division of Soil & Water Conservation Beverly Eaves Perdue Patricia K. Harris Dee -Freeman Governor Directory Secretary FEB 2 2 2011 Memorandum To: Brenda M. Harris, Miring Program Secretary Division of Land Resources From: Natalie Woolard, Technical Services Section Chief We, Date: 2/ 15/2011 Subject: Louland LLC/Louland Pit Beaufort County NC Division of Soil and Water Conservation has reviewed the Louland LLC/Louland Pit in Beaufort County application for a modification mining permit. The Conservation Reserve Enhancement Program (CREP) database does not reflect said property being enrolled in a conservation easement. Therefore NC CREP has no programmatic concerns with moving forward with this permit modification request. Please contact me should you have any questions or concerns at 252-948-3902. 1614 Mail Service Center, Raleigh, North Carolina 27699-1614 Phone: 919-733-23021 FAX: 919-715-35591 Internet: www.enr.state.nc.us/DSWC An Equal Opportunity 1 Afinnalive Action Employer NAhCarofina NaturallY 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 January 31, 2011 MEMORANDUM Beverly Eaves Perdue, Governor Dee Freeman, Secretary TO: Mr. Peter Benjamin Application Review Coordinator U.S. Fish and Wildlife Service FROM: Brenda M. Harris Mining Program Secr tary FEB �Qfi Land Quality Section SUBJECT: Mining Permit Renewal for Louland LLC [,LAND QUALITY SFCT1OKI Louland Pit - 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 February 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. Judy Wehner at (919) 733- 4574 if you have any questions. Ibmh Attachments cc: Mr. Pat McClain FEB - 4 2011 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 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 January31, 2011 MEMORANDUM TO: Ms. Natalie Woolard Application Review Coordinator Division of Soil and Water Conservation FROM: Brenda M. Harris Mining Program Se&etary Land Quality Section SUBJECT: Mining Permit Renewal for Louland LLC Louland Pit 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 any publicly owned conservation easements (G.S. 74-51 (5)). Please respond by February 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 any publicly owned conservation easements would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Attachments cc: Mr. Pat McClain RECEIVED FEB 0 4 2011 SOIL & WATER CONSERVATION 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 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 January 31, 2011 MEMORANDUM -C, I � • oz. o }, vZ TO: Ms. Maria Tripp � 6 7 8 Habitat Conservation Program Coordinator Wildlife Resources Commission' F E S 2011 FROM: Brenda M. Harris RIECE9,,1, 0 Mining Program Se t°y li Land Quality Section Co n �r'y Fi��rr;�ii SUBJECT: Mining ind Permit Renewal for Louland LLC LoulaPit Beaufort County Beverly Eaves Perdue, Governor Dee Freeman, Secretary Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater, estuarine, or marine fisheries (G.S. 74-51 (2)). Please respond by February 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. Judy Wehner at (919) 733- 4574 if you have any questions. /bmh Attachments cc: Mr. Pat McClain T= Nits FEB I a Roll LAND 014Ai I i Y .;F(--1 InN z-11-1i 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 Beverly Eaves Pcrdue, Governor Linda A. Carlisle, Secretary Jeffrey J. Crow, Deputy Secretary February 9, 2011 MEMORANDUM North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeck, Admittistrator FES 112011 Office of Archives and History Division of Historical Resources David Brook, Director TO: Brenda Harris Land Quality Section Division of Land Resourcess,A,��NCDENR FROM: Claudia Brown SUBJECT: Application for Mining Permit Renewal, Louland, LLC, Louland Pit, Beaufort County, ER 0G-2148 Thank you for giving us the opportunity to review and comment on the above project pursuant to Chapter 74, Article 7 of the North Carolina General Statutes. Because of the location and topographic situation of the proposed project area, it is unlikely that any archaeological sites which may be eligible for inclusion 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, please contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579. Location: 109 1?ast f ones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Servicc Center, Raleigh NC 27699.4617 Telephone/Pax: (919) 8U7-6570/807.6599 1 � • Log In #: ka DPR/RRS Mining Permit Application Review Name of project: County: Proposed activity is _V/ is not within 5 miles of a public park or recreation area. If yes, identify the park: eaUc�?V Pvk5- -i pcc . Manager/agency name: (contact name) (phone; fax): 0(-7e~ -7W N /77,!�-2- X. GKlovi\( &C-Vv)ec� (e-mail): �p Review conducted by: G Date. PLEASE RETURN APPLICATIO MATERIALS WITH YOUR REVIEWICOMMESTS. YOU CAN ALSO E-MAIL YOUR COMMENTS TO: ad rienne.eikinas(a)neden r.sov Return form and materials to: Adrienne Eikinas DENR/Division of Parks & Recreation 1615 MSC Raleigh, NC 27699-161 S tp �yLi AtIYY nhl:� nR�Cr`^'�` NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary January 31, 2011 MEMORANDUM TO: Mr. Lewis Ledford, Director Division of Parks and Recreation FROM: Brenda M. Harris 4?1z� Mining Program Sec tary Land Quality Section SUBJECT: Mining Permit Renewal for Louland LLC Louland Pit 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 the purposes of a publicly owned park, forest or recreation area (G.S. 74-51 (5)). Please respond by February 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 the purposes of a publicly owned park, forest or recreation area would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733- 4574 if you have any questions. Ibmh Attachments cc: Mr. 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 --.,,,--••�•y��-..r,•tirr,.-�....r �:___r.tr�.w-Ip�-•r.n,i�i..� �..,�.�.w...-*s+...ev�w-^�e+.=.��vn,,.,iti•w.SJ4a'+,.» r•r..yFY,.�:,.r'y„y,�s, µ ,./�'7�jrr 3`vZl1�'� irN'tC^..� ZStNM+Atli NI"�'�'Mq MINING CHECKLIST FOR ROUTING Ayylte.IPermtt No.: 09-5,, c.0ug, Data RCmtved: jQo? I Rcvfcwm. RIVO U tlt Name: ❑ New ❑ Rtnewal ❑ Madfta w (hwkyend baMndarta) b6mAmumf (aMu*yerm ) ❑ vwufer ❑ Rek" ❑ ParttaI Rckw Iomuffm ❑ Fa Needed: ❑ Fu RemWi P69 ►aide adtm qykcgUa pg&4qe to: 5 I A -� xegfahal offia (z rmT%h royles, attach iha -X� RVIOIW office Mt" Apheam puvfew Chcckk- to om ropy and attach th the DwQand DAQ'Mtnfxq A)ybcatfon WIN Form" to the other rapt'; scud both capfes to du Roonol Eby W) ` Daft: ROW � III Red ElDbwm of water Rom om Dais: ROW Rind ❑ Nc wddlt fe Reson= commit m Date: Rad d lurd ❑ us Fisk & wdid is &rvw Daft: Ra W Read (only mw apyhewou and madtflta m rquests that add land to thtym&) P69 routs N 3 fkt km tmt ad M beat to: ❑ DtvtM of wkS do RunaHaa Date: ROMW Ru'd ❑ Ne Gmbogteal survey wttmt Daft: ROW Ree'd ❑ DWON of Marine Ftsltcrtts Daft: Round Reed ❑ Division of soil & water Cansermattmt f IU LEA) Date: RaMted Road (only aw aypllcatianr and modouffm rrgi ab that add land to the ycr a) ❑ DM tmi of Arcktvcs & Hfstorjr (only nrw ay caum) ❑ other: Date: ROW Rind Date: ROW Ra'd • *&sy= Dail for Com>f eNU-. AS 6 E r-(X..� (Pro ktir that as days from re&lyO ❑ Phase Bate & fib": A _ �• V•nnw.r^'^Ytisr� --^"^"�_."^Y„w/^"F_�e1��*1gNi`}N'�•`W YC �11 T ~`+[Y�y�ii+w'eiQl'�f �"J""�"ti.Ti 0.im"Wd�..T • • MINING CHECKLIST FOR ROUTING ApybcAnft Nanit: _ h�� LL Pro d Nano: _ 0 (0,414 f vhc.fPt►nrlt No.: 9--5, Colt fj: OJIDaft RGc fVd. I 3 Rtvltivm. Rtvtr Mft Nance: 4", New mal Modtficatton (outstdtptnalt kundarla) Partial Release 0 Modfficattan (tnsldc pewt boundaries) ❑ Additional 10rnsatton ❑ Fee Nadtd: $ ❑ Rekasc J" Ftc Rtcetvcd: $1LO uo Please route adfrc ghmam a� a to: A ronglttc coyics; attach the W xeetonal Opp Mtdt(q Application RerkW chaw to om copy and t both du Dw� A2—(Vbcatlen Rcvfcw Form• to tlu other coyy; scud both ccytcs to du RebtonaI Eypwr) mte. V DtvlsiMx Woftr Rtsaurus Daft: f NC WW RtrWW CminnUM Date: us Fisk & wtIdltfr Strvitt Daft: " (only mw ayybcatfons and modfficattm ►rqucsts that add land to the ycrma) Phase rout[ fuse 3 daArs of the addlicatian and any lotattatt toads to: Dtvtsion °f Pans & Rccrratlo Di*: [ NC Geolodhal Survey Section Dan: DfvfSiait o f Maft Fiskerics Daft: Dtviston "! &d & Water Conscrv40 (phis LEA) Date: (only mw aypbcattoas ad mod Jtcaffon mqucsts that add W to du,wwt) ❑ DtY M of ArckM & Hisfor)► (only new appbmu m) ❑ othm. * *SbyeW Date for CO[rf1C & a s 11 ❑ Pkw note the f lmho: Routed �l ROW l ROW RMW Read l Read Reed Reed RWd I t I Read Read Reed Daft: Round Reed Daft: Routed Reed (no Lahr than 25 Ap front receipt) -� ('0 �q 15'� '' r • ir� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary January 31, 2011 MEMORANDUM TO: Ms. Maria Tripp Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris Mining Program Se Land Quality Section SUBJECT: Mining Permit Renewal for Louland LLC Louland Pit 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 February 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. Judy Wehner at (919) 733- 4574 if you have any questions. Ibmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 :-P'Av 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 January 31, 2011 MEMORANDUM TO: Mr. Nat Wilson Habitat Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris 46zz� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Louland LLC Louland Pit Beaufort County Mine Dewatering Proposed Beverly Eaves Perdue, Governor Dee Freeman, Secretary ® No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on potable groundwater supplies (G.S. 74-51 (2)). Please respond by February 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. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 A ;� NCDENR North Carolina Department of Environment and Natural Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist January 31, 2011 MEMORANDUM TO: Mr. Peter Benjamin Application Review Coordinator U.S. Fish and Wildlife Service FROM: Brenda M. Harris Mining Program Sec-rL5tary Land Quality Section SUBJECT: Mining Permit Renewal for Louland LLC Louland Pit Beaufort County Resources Beverly Eaves Perdue, Governor Dee Freeman, Secretary Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater, estuarine, or marine fisheries (G.S. 74-51 (2)). Please respond by February 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. Judy Wehner at (919) 733- 4574 if you have any questions. /bmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 �� 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 January31, 2011 MEMORANDUM TO: Mr. Lewis Ledford, Director Division of Parks and Recreation FROM: Brenda M. Harris Mining Program Sec tary Land Quality Section SUBJECT: Mining Permit Renewal for Louland LLC Louland Pit 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 the purposes of a publicly owned park, forest or recreation area (G.S. 74-51 (5)). Please respond by February 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 the purposes of a publicly owned park, forest or recreation area would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733- 4574 if you have any questions. Ibmh Attachments cc: Mr. 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 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 January 31, 2011 MEMORANDUM TO: Ms. Natalie Woolard Application Review Coordinator Division of Soil and Water Conservation FROM: Brenda M. Harris Mining Program Se ary Land Quality Section SUBJECT: Mining Permit Renewal for Louland LLC Louland Pit 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 any publicly owned conservation easements (G.S. 74-51 (5)). Please respond by February 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 any publicly owned conservation easements would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. 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 MA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist December 21, 2010 MEMORANDUM TO: Ms. Renee Gledhill -Earley Application Review Coordinator Archives & History FROM: Brenda M. Harris ZZDJI��) Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Louland LLC Louland Pit Beaufort County Beverly Eaves Perdue, Governor Dee Freeman, Secretary Please find attached for your review a copy of the raining 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 any significant archeological resources. Please respond by February 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 any significant archeological resources would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733- 4574 if you have any questions. /bmh Attachments cc: Mr. 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 AT i�LA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary January31, 2011 MEMORANDUM TO: Ms. Anne Deaton Habitat Protection Section Division of Marine Fisheries FROM: Brenda M. Harris Mining Programs cretary Land Quality Sectio SUBJECT: Mining Permit Renewal.for Louland LLC Louland Pit Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater, estuarine, or marine fisheries (G.S. 74-51 (2)). Please respond by February 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 Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733- 4574 if you have any questions. /bmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 }CZS 'Alr,a ??r- nit ,:c>rlicat:cn �9view C~a+=,<:,lZeat _Z3 cxnct/te 7hId locnon '.Itftd Varr4 L7 ram 4J1 L;S dlUc.'r .fig" ! 4 of Mine 7•rtr,t .:.acucaron +attleAltr NatRe 4 44J4 ac- 3--rRt,t nw; I .'aw . 7enewas M, - YC :3 wmpeeif �11 Slcyon 'r.:.^rl:Ct::Y l :±doC:e:rtesay � ">�IROUi I �nu !winery . Aesourt:eS 1 =•eca ?lain I �ec=d r.;rrmer;� Vote: Sd.srric .`.aarts •rah:e is :!e 3=IeMDCn with S 1.0:. mar.:: ct eXCeeGent:e in =4 yeM. .XeiereM a vatsre,s .irrn seusat. �r:.xt srte . -'nc .crs .:ay .arr. 3oura - 4atlCnai 5eum,c•�a=ird •H=os Corvmerv:cn, :ss :458• J. 3 :,dcicSicw aurlay __en. a ?t=rX iaSS: (`7.:,iemaas.C;.�._sqs Y�,se,Sn tXatt7.Yrm11- emC Vo :cm .ie�ewer. f C--mctcatet ' F — 4ew,ewer. C; rtolCate2 4CCS 'Dine Rovlew Checksl al—Cafadaal -q"' 2 """Sloo ,76° 44OAO" W I I I pLL39' 0.00- W I I I 076° 38'10.00" W, 1 076° 37' 0.00" VA ��'``.� ,�.� �`y' ;? ��.�\• — �` f!"'`�, �` mow, i�9 x�ff tP ON 1U f u . ° •N,. � •n 1. `•�' •may .... •_. , \ r,_ I �'. _y j '-•YAnte^ u '�,•. , y •'� ."'<� €.""�.. .. 4' r L' �r, r °,, ti4 �J47-53— z • - c 4 II = _ LO •y o z I r .• 7` Cl)NN }} , .E'LT .%,9lrl;gi.ri_ti •' a .. t. (!'� f/(`�;�w ;,�;� � ,, i� ,. — ,r _ 4 � O i t 1 111 ` 76' 4d'l0.00" W I I 1 076° 39'V00" W 1 1 '076- 38'10.00" W I I 076° 37'IO.00"" Name: PANTEGO ' Location: 0350 35' 11.0" N 0769 38' 29.2" W Date: 1 /31 /2011 Scale. 1 inch equals 2000 feet Print this form to PDF Return PDF of this form to DLR CO by email. cc DLR RO and DWQ SPU MINING PIT APPLICATION OPEVIEW FORM for the DIVISION OF WATER QUALITY THIS SECTION TO BE FILLED OUT BY DLR: Project Name: Louland Mine DLR Permit #: 07-53 County: Beaufort Address: PO Box 96, Pantego, NC27860 YES NO Date Commencing Is this mine a new mine? 1— r 2007 Have land disturbing activities started? Date? r 2007 Latitude:35,5923 Longitude:-76.6415 Please return comments to (at DLR CO): Judy Wehner Comments due by: 2/25111 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,re,quired? �_ �-" NPDES permit existing? r (Permit # ) Ran NPDES permit mnot required, is DWQ r s 7 zi F. Y ., stillconcernedabout wetland degradation - r hi E by dewatenng? , Should permittee contact DWQ RO immediately? (e.g. to schedule a site visit if RO Contact Name: r mine has already begun digging or is Contact Reason: dewatering without DWQ permit) 401''Wetlarid Cert required?' 401 Wetland Cert. existing? r Permit # Does DWQ RO`curren`tly`haen ve ough F k N information todae4termine if a�401 r, �} r i ! i w.+: a.ri..i'�' 'certification;is re urged? q �3�' �..< : Rev September 2010 Print this form to PDF Retum PDF of this form to DLR CO by email. cc DLR RO and DWQ SPU YES NO Are wetlands disturbed at this site? Does DWQ RO suspect or know of nearby r' f wetlands to the site? Is a wetland delineation required prior to 17,1 By: ;r _ iJD or r, ,Consultant DWQ issuing the permit? r. Qnsite? Or E Offsite? Stream Determination Needed? Stream Determination Completed?r r :. Does DWQ RO need a statement that no wetlands/streams are disturbed r for this project from applicant? Buffer Determination Needed? Buffer Determination Completed? r r Recycle.system permit existing?* tr .Permit # New Recycle System permit required?* r r Enough information to determine? Non -discharge permit existing?* !Permit Will wastewaters discharge to HOW waters r r 7Q10 Unknown (permittee determine): r with a 7Q10=0? ** Flow: 1F, J Has Violation T O&M Requirements Does DWQ require DLR to hold the permit =' r i HQW/7Q10 Concerns ' (e.g. so DWQ can review it further or t' Other. Reason: 1. because DWQ requires more information)? RO contact: Hold Until: Mine must wait to dewater until an O&M r--- plan is approved? *The NPDES SW and WW permit NCG020000 covers closed -loop recycle systems, desioned to exclude all stormwater run-off from the system and operate at or below two -feet of freeboard. These _systems maybe permitted by a Nan -discharge Recycle System_ Permit from the Aquifer Protection Section (APS). OR may instead be permitted under NCG020000.to eliminate an additional permit. Recvcle systems that do not meet those criteria are considered dischaminq systems, and are sweet fa_the..NCG020000 discharae 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. 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: Date: SPU DWQ Central Office Reviewer (if applicable): Rev September 2010 Wehner, Judy From: Wehner, Judy Sent: Monday, January 31, 2011 2:47 PM To: Pat McClain; Novak, Gary Cc: Wehner, Judy Subject: FW: Review Sheet for Louland Mine #07-53 Attachments: 07-53 DLR - Water Quality Review Sheet 2010.doc From: Wehner, Judy Sent: Monday, January 31, 2011 2:42 PM To: Dumpor, Samir Subject: Review Sheet for Louland Mine #07-53 Review sheet for Modification of Louland LLC's Louland Mine. Judy Wehner Assistant State Mining Specialist 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (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. n 1z:oU ... ..: W.E... `Y ., k..: .. ' I XI AVA FII FI _ F i # � Into)Lu itL 3 fi—- , _ y i I` _;\V VIUA I &A f I t ' f O-usK I f'I#I ,';I 11-,'akV� i S'l,D A' I .1k�1 I_ VND i t tk C F#f: t1C 1` 111`; Is NO F I_tit A I 11) 0 A H r q w- I II •.HE IS NQ N A I1MA L LT ()CCI;kR!N(# WI:I LArNW ON HIM KI..I.I: 11 IRE S NO EXIS 1 IN( ; S I k1 I I I Ki,� ()N S I F. I XCWACI1N6 .01 11' I I` I I iININ(; PI. MAiN.. ': if 411I:.. f'f'.klt,)1>It , 1 L. ii ` I£I .}: a€ f J-,NL N _:D ; )N .S_ E 1 . 7 11AI'lI'1.vN Filk I -MI X11' AID} Y LT C I"I CS I?I`I.:? I A'H V I I_A I AM) kC rN tMI I.SAI SI NI, to ) I �;C r.7 I�'1I� E .=�.1?�tl'�t m 1 � }'It 1r1� I I'�1i1•i; I,'� 1�i1"�': `�:;. ray Y e 6 6d , A I to = 1111 lot A API , 1 1 ON Inkin AN. am, AIRAW Why) I,I I I : LATAT I..I A ..- PVC C 1 `:1 `' to rE s i II`. I MNS1RI3t`I'II IRA 1' ..r. At t_" JAN 3 1 2011 I P ' Y E RF 1 8 i . .v...aaas g Im A%r fie -r z l-"-$ !A h." Iv (Mli Ti �Uo..E' RD-LAIMAPON POND 'PiLt-WAY ATT' BOEMY ARMSTRONG A P PL 1 CA N'T- I `II 11AINT1,00, N' 0 t (11'Nl) '144 ilP! I J "AND, Lf'( [H W N E- R, -VVI.: A.), N.C. 2 78,1141 .. ... ..... . . . .. . ... ... 4 P 1V pT� 9.1.1 . . ... .... .... ........................ ............ ................... ...... . . . ........... .......... ..... . ...... ....... ....... . ........ . ..... ... . ... ..................................... ....... ............. ........... ........................... ......... ....... ............... ....... .............. . ................... ..... .. ....................... ....... ..... .............. . N'O'I'KS- i THIS SITE WAS USED AS IARM LAND H)R P1 !RK)SE TO GROW RA W-CROPS, 2 '1111-' M III, I FE IS 'NO(I'LOCATI, 13 IN A FUX)D HAY—ARD AREA AS REFERENCETO FIRM 3720?(02100J, DATEDMAY 15,200. ZONE V 3THERE IS NO NATURALLY OCCURRING WEltANDS ON THIS SITE, 4, THE MINJN(J OPERATION WILL N(Yl'Rl-Q(;lRf-. ANYTYPE OF PROCESSING PROCE'Dt iRE .5, THERE IS NO FIXISTING STRU(I-l"URF'S ON Sl 14" FIXCAVATINC-o FOUR WENTI-OR MININRI RI-AlAIN'S ON SITE. Pf-,Rt()I)I(.*AI,L,Y STOCK PILES ARFI (;FNf-,R,VJ'J-'D (INNITF, 7 HA(l RO M) A,'�110W'N ON �zlll` III AN -VNI) Vill i')'Ilt D I I DI- I i I F IT f,M I I A fe I A W", I FOR UARMI"i ; C\ I H RM"— it s '1:N:" 41 ILI, .1 SH EC1� T I Qt�t Lw4N- L �11 i 1�13 z L 252`2 C, Oz M 'A I L I C 0 D I F i C A'Tl 0 ON I LOULAND PIT P &l N N V 0 WT. C.A. IYA- F: ORIGINAL PERMITTIFID VAPIF S AREA MODIFICATION VAPIE. S 4 L�V A'� z1_ A A j IN 'Y 1 MIN- I L 05, . ... .... . . ......... FNTRANi,'E Ni::' G R I f.) BONNFR BRU(-E AL f EN P -GAB A SLIDE 14 L PERMIT LIMIT I'NEX(AVATFI) F\t, A V A F1 )N, 1, 1,M iT . . . .......... . .. . . . ..... .. . .................. .... UNI11X('/\ VATE'D ?5' fit kj_c PUMPED WATER v 9BA PUMPED WA rER 1454, STORAGE POND sLXDIE S I ORAGE 1-30ND I X (.'A VY11 N — GN3, pol PON 1.) "A x f �' 1 I N1 I A I j KA(I MAX111411M [)AtI Y f A, I W�:N PHMIT%A(� RA Ff- 0� w v 00f, 6A. 1 10 N S )IL (;RA',v El- ROAD CL M G ATE 14 Ir 0- f A ".."LW) pi-A-T 11,23 p CAO�,61 4�/ . .. . ... .... . ....... . .... ....... . ..... 34 1:x(.."�\v )NI 14NAIT , ..... . ... . .. .... PERMIT LIWIT `R0411NO 3r rm3x 0-4nyth 1,nrir wo, w-e fence f nl: e. i t Tt f- v, n( ;1 it -0 ! .... . . ... 24' SILT FENCF m 0 mot 4 lell:e(i iap of fit I .... . .. ..... ... .. . ...... ... . el r,Ap STONE GRAVEL SLDIMU,�T I RAP �NQT TO SCALD W1'q__f LANO IS FIAT TYPICAL POND OVERFLOW/SPILLWAY A I, mssrn-, WAS LJSFD AS FARM tAND FOR PURPOSE TO GROW ROW -CROPS. 2, THE MINE siTE IS NOT LOC-ATFD IN A FLOOD HAZARD AREA AS REFERENCE TO HRM 37207602(4)J, DATED MAY IS, 2(X)3. ?A)NE X. 3. 'THERE I S NO N AT[] RA1,L Y OCCI IRR [NO WETLA ADS ON'MtS SITE, 4. THE MINING OPERATION WILL NOT REQI SIRE ANY TYPE OF PROCESSING PRO('EDIJRE. 5. THERE IS NO EXISTING STRU(7tJRES ON SFFF EXCAVATING EQUTPMENT FOR NIT NING R L M A I N S ON SITE, 6� PERIODICALLY STOCK PILES ARL' GENERATFI.) ON SITE" 7. HAUL ROAD AS SHOWN ON SITE PLAN. S. THETOPOGRAPHY OF SFTLIS RELATIVELY FI-AT AND SOII..'F`YPE HELPS IN PRFVFNTING SEDIMENTA'flON RLIN-OFF FROM SITE. 9. LAND INSIDE THE PERMITAREA WIL.I, CONTINUETO BE USED FOR FARMING IJN'nl- DIS111RBED BY MINING AC'l1VrnE,s. 10, DEWA FERING WILL BE ACCOMPLISHED BY PUMPING FROM POND TO POND AND/OR BY THE USE, OF PONT) WATER FOR THE IRRIGATION OF CROPS. NOTI, : NOT TO EX(7EED 1X),(X)0 GALLONS PER DAY. 11. ALL DISTIJRBED PERMFITLD SITE DRAINAGFI IS TO BE DIR U`71`11) TOTHE PIT (PONDS). A�, A'F]': 13OBBY ARMSTRONGY I%Js, 1,01.11-AND, I_LC APPLICANT: S H r 1 F,4. P.0, BOX 96 PANTEGO, N.C. 27860 LFGEND; U.43LAND, NEW IRON PIPE 0 FOUND IRON PIPE OWNER: VOA BOXY MODIFIQATION PERMIT APPLICATION 0 FOUND ROL) PAN'rEG0., N.C.'27860 PERMIT ff 07-53 0 Pvc PIPE A F 0 2" PVC PIPE OVER NEW IRON PIPE YL ,0. V 3171�011 NORTH ARROW, IDEWAIOON�,, DtIAL�; DITCH STONE AND GRAVEL SEDIMENT'IRAP AWA MAP MINE PEPMIT. NO liCAL1 0 4, 15 ACRE ADDITION ;9 SITE ULAND PIT U TO EXISTING PERMIT BEECH ROAD �f CHL'IDGE S wAN C AP AV SURFA(T, WATER FLOW PANTEGO TOWNSHIP BEAUFORT COUNTY NORTH CAROLINA 150 0 150 300 450 SCALE: 1" 150' SURVEY DATE: JANUARY 12, 2011, HOOD RICHARDSON. P.k A11- 110 WCST 214D STREET GRAPIUC SCAU - FEET 1w WASH04GTON. N.C, 778t9 PHONE. (25�.) 075-3A72 Page 5 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be_ obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $25,315.00 Assignment of Savings Account (of which $25,300.00 is required for this site), is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION -PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practic�:s and which is suitable for the proposed subsequent use of the land. 4. . No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service, 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per Revegetation Plan approved by Mr. Rodney Woolard, District Conservationist, with the Natural Resources Conservation Service on July 18, 2006 or the following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15- April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 ' August 1- October Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye (grain- temporary) 120 Soil Amendments Lime - 2000 Ibs/acre or follow recommendations from a soil test. Fertilizer - 1000 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. Page 8 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.0 Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit issued this 25th day of January, 2007. M 1 0 - M- -Ag-MUMA James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application for a mining permit filed by Louland LLC to conduct mining activities off SR 1700 (Beech Ridge Road) in Beaufort County. The mining permit (no. 07-53) was issued on January 25, 2017. 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 fled in the Office of Administrative Hearings within sixty (60) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 150E-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 733-0926. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Ms. Mary Penny Thompson, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. This notice was mailed on James D. Simons Director Division of Land Resources North Carolina Department of Environment and Natural Resources Brenda Harris Mining Program Secretary � A 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 February 10, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1300 0000 1130 9869 Mr. Bobby Armstrong Louland LLC PO Box 96 Pantego, North Carolina 27860 Re: Mining Permit No. 07-53 Louland Pit Beaufort County Tar River Basin Dear Mr. Armstrong: Beverly Eaves Perdue, Governor Dee Freeman, Secretary The Director of the Division of Land Resources, Mr. James D. Simons, has reviewed your consultant's, Mr. Hood Richardson, letter which updated this office on the status of the conditions at the site. The letter indicates the field conditions of the site have been brought into compliance and a modification request has been submitted to this office and is pending approval. An extension has been granted to obtain the pending modification request. Should the modification request not be granted by May 1, 2011, further enforcement action may be taken by this office. Your attention to this matter will be greatly appreciated. If you should have any questions, please contact me at (919) 733-4574. Sincerely, Judith A. Wehner Assistant State Mining Specialist Land Quality Section CC' Mr. Pat McClain, PE Mr. Hood Richardson, PE, PLS, PG -- 110 West Second St., Washington, NC27889 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.us/pages/landqualitysection.htmI An Equal Opportunity / Affirmative Action Employer— 50% Recycled 1 1% Post Consumer Paper Wehner, Jud From: Novak, Gary Sent: Monday, February 14, 2011 9:03 AM To: Wehner, Judy Cc: Mcclain, Pat Subject: RE: Louland letter Attachments: Gary A Novak.vcf Judy, visited the site on Friday. In response to the letter 1 have the following: 1- A farm tractor mounted pump was on site but not operating at the time of the inspection. It would be safe to say at least pumping from pit to pit is occurring. The operator has constructed a dike across the pit and discharge hose was lying in Pit A and connected to the discharge side of the pump. 2- Grading of the mine site, especially along the northern section, where overburden materials are stockpiled have small drainage ditches cut to drain the stockpile area into the adjoining ditch. The ditch is not shown on the map and is not included with the modification. 3- On the south side of the proposed modification off -site generated materials (old wooden Piers) have been stacked in a pile and other woody debris was dumped near the pit on the eastern area of the permitted area. I will provide the inspection report and photos tomorrow. I'm going into the field with Kat today so I will not be able to complete the report and upload the photos. Call if you have any questions, Gary A. r4ovak NC Department of En%-ironment and tlatural Re.,, Ens,!ronmental Senior Specialist 252-946-643lext, gar v.no-,•ak&_ncden•,gov r,foro Carolina Deptartment: Of Environment r ,,. 1 943 )ashingt0i7 Square Mall i 'kt'ashington, 114orti -CArolina 2:'S59 j .......... ........ ............. _....... ....... ....... ....... ._..,w. _._..._.._ From: Wehner, Judy Sent: Tuesday, February 08, 2011 2:51 PM 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 To: Mcclain, Pat; Novak, Gary Subject: Louland letter Here is a letter to Jim regarding the NOV. Please confirm ASAP if they have stopped any activity outside of the permit boundary, grading has occurred and dewatering stopped. Judy Wehner Assistant State Mining Specialist 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (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. A VWA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist January 27, 2011 Dee Freeman, Secretary NOTICE OF VIOLATION OF MINING PERMIT CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1300 0000 1130 9630 Mr. Bobby Armstrong Louland LLC Post Office Box 96 Pantego, North Carolina 27860 RE: Louland Pit Permit No. 07-53 Beaufort County Tar -Pamlico River Basin Dear Mr. Armstrong: This is to inform you and your company of violations of the above referenced mining permit. On January 5, 2011, personnel of this office inspected your mine inspected your mine, copy of inspection report attached, and determined that one or more of the conditions contained in your mining permit are being violated. The conditions being violated are as follows: 1. Operating Condition 4A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, silt check dams, silt retarding structures, construction entrance pads, 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. The inspection revealed that the mechanical barriers and other erosion and sediment control measures and/or devices are either not in place or not maintained resulting in erosipn, 2. Operating Condition 413: All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 J FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 t Internet:hitp://www.dlr.enr.state.nc.usipagesAandqualitysection.htmi An Equal Opportunity / Affirmative Action Employer — 50% Recycled 1 10% Post Consumer Paper CERTIFIED MAIL Mr, Bobby Armstrong January 27, 2011 Page 2 The inspection revealed that drainage from disturbed areas, including those areas affected outside the permit boundary and stockpiles, is not being redirected to the mine excavation. 3. Operating Condition 4C: No dewatering activities shall occur at this site. The inspection revealed evidence of scouring and sedimentation in the adjoining ditch on the western perimeter that is the result of dewatering of the mine excavation. 5. Operating Condition 12: The operator shall notify the Department in writing of the desire to delete, modify, or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to onsite implementation of the revisions. The inspection revealed that a permit modification has not been submitted and/or approved for conducting mining activities outside the current approved permit boundary and dewatering activities. In order to bring this site into compliance, the following corrective actions must be taken: IMMEDIATELY cease all activities for which you are not currently permitted, including dewatering activities. 2. WITHIN 10 DAYS OF RECEIPT OF THIS NOTICE OF VIOLATIONS properly grade or re -grade all affected areas in order to direct all drainage internal to the mine excavation. Install adequate measures to prevent off -site sedimentation from occurring. 3. WITHIN 30 DAYS OF RECEIPT OF THIS NOTICE OF VIOLATIONS submit and obtain a modification request to include changes that have occurred to any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. w •4 . CERTIFIED MAIL Louland LLC Attn: Mr. Bobby Armstrong January 27, 2011 Page 3 If the above violations are not corrected within the time indicated following your receipt of this Notice, appropriate enforcement action will be taken and a civil penalty may be assessed against you. If a civil penalty is assessed, the amount may be up to five hundred dollars ($500.00) for each day of violation, beginning with the date of your receipt of this Notice of Violation (N.C.G.S. 74-64). Other enforcement actions may include seeking an injunction or criminal penalty or revoking your mining permit. The responsibility for understanding and complying with the conditions of your mining permit rests with you. The responsibility also rests with you for notifying this office of your plans to correct the violations. Please do not hesitate to contact Mr. Pat McClain, Regional Engineer, at (252-946- 6481), or Ms. Janet Boyer, PE, State Mining Specialist, at (919-733-4574); regarding any questions you might have about this matter. ry truly yours, James D. Simons, PG, PE JDSIgn/pm/jw Cc: Ms. Janet Boyer, PE, State Mining Specialist Pat McClain, PE, Regional Engineer, Washington Regional Office Hood Richardson, PA Engineers — Surveyors — Geologists 110 West Second Street Washington, North Carolina 27889 (252) 975-3472 February 4, 2011 Certified # 7009 2250 0002 7303 5553 Mr. James D. Simons, PG, PE Director and State Geologist Division. of Land Resources 1612 Mail Service Center Raleigh, N. C. 27699-1612 RE: Notice of Violationof Mining Permit Louland Pit Permit No. 07-53 Beaufort County Tar -Pamlico River Basin Dear Mr. Simons: Regarding this Notice of Violation, the status of conditions at this site is as follows: 1. Operations outside the permitted area and other non permitted activities have been stopped. 2. The site has been graded to divert all surface water into the excavation. There has been no disturbance or sedimentation on property of others. All disturbance is entirely on land owned by Louland, LLC. There are no pumps on this site. The construction entrance has been re worked with stone added. The haul road and new permit limits have been staked. 3. A permit modification application was sent to Raleigh during the week of January 24, 2011. The modification application increases the permitted area by 15 acres and addresses other permit concerns. YL y y rs . Richardson, PE, PLS, PG Cc: Pat McClain,WaRO 0 • USPS - Track & Confirm 0 http: //trkenfrm l .sini.usps.com/PTS IntemetWeb/InterLabelinquiry,do UNITED STATES Aid POSML SERVICE,, Search Results Label/Receipt Number: 7008 1300 0000 1130 9630 Services): Certified Mall'm Status: Delivered Your item was delivered at 9:35 am on February 02, 2011 in PANTEGO, NC 27860. Home I LOIR I Sign In Track S Confirm FAQs lt,tcl� & Ot,fim) Enter LabeVReceipt Number. Detailed Results: • Delivered, February 02, 2011, 9:35 am, PANTEGO, NC 27860 • Notice Left, February 01, 2011, 8:26 am, PANTEGO, NC 27860 • Arrival at Unit, January 31, 2011, 6:40 am, RALEIGH, NC 27613 Natifwaii: n t)ltfto s Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Go Go > Site Map Customer Service Forms GoVi Services Careers Privacy Policy. Terms of Use Business Customer Gateway Copyrights 2010 USPS, All Rights Reserved. No FEAR Act EEO Data FOIA 8c)[4 Ma''e`' M L,,6 W* 1 of 1 2/10/2011 2:29 PM 1 0 0 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist January 27, 2011 Dee Freeman, Secretary NOTICE OF VIOLATION OF MINING PERMIT CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1300 0000 1130 9630 Mr. Bobby Armstrong Louland LLC Post Office Box 96 Pantego, North Carolina 27860 RE: Louland Pit Permit No. 07-53 Beaufort County Tar -Pamlico River Basin Dear Mr. Armstrong: This is to inform you and your company of violations of the above referenced mining permit. On January 5, 2011, personnel of this office inspected your mine inspected your mine, copy of inspection report attached, and determined that one or more of the conditions contained in your mining permit are being violated. The conditions being violated are as follows: Operating Condition 4A: Adequate mechanical barriers including but not limited to diversions, earthen dikes, silt check dams, silt retarding structures, construction entrance pads, 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. The inspection revealed that the mechanical barriers and other erosion and sediment control measures and/or devices are either not in place or not maintained resulting in erosion. 2. Operating Condition 413: All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 1 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 - Internet:http://www.dlr.enr.state,nc.uslpagesllandqualitysection,html An Equal Opportunity I Airmative Action Employer — 50% Recycled / 10% Post Consumer Paper 0 • CERTIFIED MAIL Mr. Bobby Armstrong January 27, 2011 Page 2 The inspection revealed that drainage from disturbed areas, including those areas affected outside the permit boundary and stockpiles, is not being re -directed to the mine excavation. 3. Operating Condition 4C: No dewatering activities shall occur at this site. The inspection revealed evidence of scouring and sedimentation in the adjoining ditch on the western perimeter- that is the result of dewatering of the mine excavation. 5. Operating Condition 12: The operator shall notify the Department in writing of the desire to delete, modify, or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to onsite implementation of the revisions. The inspection revealed that a permit modification has not been submitted and/or approved for conducting mining activities outside the current approved permit boundary and dewatering activities. In order to bring this site into compliance, the following corrective actions must be taken: IMMEDIATELY cease all activities for which you are not currently permitted, including dewatering activities. 2. WITHIN 10 DAYS OF RECEIPT OF THIS NOTICE OF VIOLATIONS properly grade or re -grade all affected areas in order to direct all drainage internal to the mine excavation. Install adequate measures to prevent off -site sedimentation from occurring. 3. WITHIN 30 DAYS OF RECEIPT OF THIS NOTICE OF VIOLATIONS submit and obtain a modification request to include changes that have occurred to any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. CERTIFIED MAIL Louland LLC Attn: Mr. Bobby Armstrong January 27, 2011 Page 3 If the above violations are not corrected within the time indicated following your receipt of this Notice, appropriate enforcement action will be taken and a civil penalty may be assessed against you. If a civil penalty is assessed, the amount may be up to five hundred dollars ($500.00) for each day of violation, beginning with the date of your receipt of this Notice of Violation (N.C.G.S. 74-64). Other enforcement actions may include seeking an injunction or criminal penalty or revoking your mining permit. The responsibility for understanding and complying with the conditions of your mining permit rests with you. The responsibility also rests with you for notifying this office of your plans to correct the violations. Please do not hesitate to contact Mr. Pat McClain, Regional Engineer, at (252-946- 6481), or Ms. Janet Boyer, PE, State Mining Specialist, at (919-733-4574); regarding any questions you might have about this matter. ry truly yours, /James D. Simons, PG, PE JDSlgnlpm/jw Cc: Ms. Janet Boyer, PE, State Mining Specialist Pat McClain, PE, Regional Engineer, Washington Regional Office 0 i 6- P p5 Xa �,M e � 13y$,g •��� p t�44 Ara j R � �• �� � r a "r D' ; 0 0 Wehner, Judy From: Novak, Gary Sent: Tuesday, January 11, 2011 1:30 PM To: Wehner, Judy Subject: Louland draft NOV Attachments: Gary A Novak.vcf Judy, Inspection report and photos have been uploaded into I -Beam. had planned to upload that stuff on Monday but I was snowed in at home. When I drafted the NOV for Louland I thought I had the latest version. I did not know of the new version until I looked for all of the enforcement shells. I had already turned in the draft to Pat. I'm not sure of the difference between the latest 2010 version and the version I used for Louland. But hey I'm flexible. Let me know if you need more photos or information for the NOV. Gary A. Novak NC Department of 3n% ironment and Hatural Re... E i Environmental Senior Specialist 232-9-16-64aY ext. 3360'::',': a2,.4.na;¢k�cncdenr,ga, Hor•tli Carolina Deptartment of Environment 6, i Gi3-A'achingian Square tall V,,'ashiiigton, 1,#orth Ckoiina 27339 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 1 0 /l • Last revised 2.8.2010 [Insert Current Date] CERTIFIED MAIL RETURN RECEIPT REQUESTED NOTICE OF VIOLATION OF MINING PERMIT (Contact Person) (Business Name) (Address) (City), (State) (Zip) (Zip Ext) RE: Mining Permit No. (Permit No (Mine Name) (County) County (River Basin) River Basin Dear (Contact Person): This is to inform you and/or your company of a violation(s) of the above referenced mining permit. On *, personnel of this office inspected your mine, copy of inspection report attached, and determined that one or more of the conditions contained in your mining permit are being violated. The conditions being violated are as follows: 1) Reclamation Condition No. *4: *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 one year of completion or termination of mining. *Although some effort has been made in the past to completely reclaim this site, additional work is still needed before the Department can formally release the site. In addition, well over one year has passed since mining activities terminated at this site. Thus, reclamation of the mine has not been completed in segments nor has final reclamation, including revegetation, been completed as required by your mining permit. (9 CERTIFIED MAIL Page 2 In order to bring this site into compliance, the following corrective actions must be taken: *Completely reclaim the site in accordance with the reclamation plan in your mining permit. This should include grading and leveling as necessary to restore the surface gradient and side slopes to approved contours, rehabilitation of all sediment basins, and establishing permanent groundcover on all areas disturbed by mining activities. If the above violation is not corrected *within sixty 60 days following your receipt of this Notice, appropriate enforcement action may be taken and a civil penalty may be assessed against your company. If a civil penalty is assessed, the amount may be up to five hundred dollars ($500.00) for each day of violation, beginning with the date of your receipt of this Notice of Violation (N.C.G.S. 74-64). Other enforcement actions may include seeking an injunction, criminal penalty, revoking your permit or bond forfeiture procedures. The responsibility for understanding and complying with the conditions of your mining permit rests with you. The responsibility also rests with you for notifying this office of your plans to correct the violations. Please do not hesitate to contact Mr. *, Regional Engineer, at *(*) * or Mr. *, State Mining Specialist, at (919) 733-4574 regarding any questions you might have about this matter. Very truly yours, James D. Simons, PG, PE JDSI* Attachment: Mine Inspection Report cc: Mr. *, State Mining Specialist Mr. Bradley Bennett - DWQ Narth Carolina Depwtmeat of Emvironment and Natural RmarrA%, D"ion of Land Rfsources, Land Quality Section MM INSPUMUN RTEFURT ., (PERMMED MINE) 1. MINE, NAME 46141 2. MINING PEIMT # 3. OPERATOR. �LO_�, 6, COUNTY t 5. ADDRESSSS �. dC 1_;2;L,0 6. PERNET EXP ON ATE MATI 7.RrVERBASIN S. Person(s) contacted at site Xf)�,j 9. Was mine operating at time of inspection? 0 Yes 0 No 10. Piewres? a Yes 0 No 11. Date last inspected:. 1Z, Lj__ //0 12. Any mining since last inspection? .0'Yes 0 No 13, Is the mine in compliance with the Operating Conds�ons of the Permit? EJ Ye_� 'Or No If no, explain: •111.�f 11 ILLi Oil; I 11, It.. 4_ i 5L.4;k P 4r, ,:lIi 0 4C. .1, z, Lw t I 12L,c&.n c. . . . . ... ...... . . ..... .. . 14. jr, the mine in compliance with the Reclamation Conditions of the Parmit? 2r Yes 0 No If no, explain: 15, Did any of the above deficiencies result m,.�ffstte dx 2" page? ye ., ' .. % No If yes, describe the �a1 e and sevefity of the dam L I& Catrec ve me ixres rpmied?mPr Al fz, ko .'�.J, �jj 17. Otl!7�f mm6dations. and comments'. . ....... ..... . ... . ....... .... .. _ 1 1z I Li . IL t Qaj 0,44 S �k I It, A 1�, A 18. Is a Annual Reclamation Report +/-map accurate? 0 Yes 0 No (Explain) Lnoi Reviewed 19, Follow-up inspection needed? .._PrYes 0 No Proposed date 20. No. of additional pages of Inspection Report_ 21. Copy of Report sent to operator (date) INSPECTED BY: "rDATE t)b 21 k -Y Z /.L , / Telepbone No- 4 , ti k/. White copy to file Yellow copy to operator Pink Copy to Mining Specialist 10197 I* • Wehner, Judy From: Mcclain, Pat Sent: Tuesday, January 11, 2011 10:35 AM To: Boyer, Janet; Wehner, Judy; Rodgers, Ashley Subject: FW: draft NOV revised Attachments: Gary A Novak.vcf; LoulandPitlnspection report01052011.doc; mine NOV Lou land Pit07-53armstrong. doc Attached is a draft nov and a pdf inspection report for a mine in Beaufort County. I have made done some editing on the letter. Fyi, ms word and I do not get along. I':l:tric . McClain, N'f' Land Quality Regional Engineer - Washington Region NC Dept. of Environment and Natural Resources 943 Washington Square Mall Washington, NC 27889 Phone: 252-946-6481, Fax: 252-975-3716 - N19d8 W"Ca#WI6WW to and dawn ffW addaeaa Hcary Ere aadfea to the zuva &,we 4 ;D d&C ,Raou a Zaawo and nraq{ de dlaeloaed to alnd A40Z4. From: Novak, Gary Sent: Thursday, January 06, 2011 3:20 PM To: Mcclain, Pat Subject: draft NOV revised Pat, Draft NOV revised per our conversation. (I hope I made all the changes). Gary A. Novak 11C Department of Efi ironn;erzt ard Hatural Re„, Er'ormmental Senior Special;s't i 252.9+5-6431 ext, 3860'..`:_; � 4ar•u,iz�':�ak,�azc�iear,go',;� i Nor•thCaroliiiaDeptas'tmento€Environmeiit 943 t'aasizington Square tkiall 'dlashnvon, HoHm CArolirza 27889 I E-mail correspondence to and from this address may he subject to the North Carolina Public Records Law and may be disclosed to third parties January 6, 2011 NOTICE OF VIOLATION OF MINING PERMIT CERTIFIED MAIL RETURN RECEIPT REQUESTED Louland LLC Attn: Mr. Bobby Armstrong Post Office Box 96 Pantego, North Carolina 27860 RE: Louland Pit (Permit No. 07-53) Beaufort County, North Carolina Drainage Basin: Tar -Pam Dear Sir: This is to inform you of violation of Mining Permit No. 07-53 issued to Louland, LLC to operate the Louland Pit in Beaufort County. On January 5, 2011, personnel of this office inspected your mine and determined that one or more of the conditions contained in your mining permit are being violated. The conditions being violated are as follows: 1. Operating Condition 4A: Adequate mechanical barriers including but not limited to diversions, earthen dikes, silt check dams, silt retarding structures, construction entrance pads, 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. The inspection revealed that the mechanical barriers and other erosion and sediment control measures and/or devices are either not in place or not maintained resulting in erosion. 2. Operating Condition 4113: All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. The inspection revealed that drainage from disturbed areas, including those areas affected outside the permit boundary and stockpiles, is not being re -directed to the mine excavation. 0 19 0 0 CERTIFIED MAIL Louland LLC Attn: Mr. Bobby Armstrong January 6, 2011 Page 2 3. Operating Condition 4C: No dewatering activities shall occur at this site. The inspection revealed evidence of scouring and sedimentation in the adjoining ditch on the western perimeter is the result of dewatering of the mine excavation (mechanical pump not observed on site this inspection). 4. Operating Condition 5: All mine permit boundaries (15.7 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. The inspection revealed that the permit boundaries are not clearly and permanently marked as requested in Notice of Noncompliance issued December 13, 2010. 5. Operating Condition 12: The operator shall notify the Department in writing of the desire to delete, modify, or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to onsite implementation of the revisions. The inspection revealed that a permit modification has not been submitted and/or approved for mining activities outside the current approved permit boundary. In order to bring this site into compliance, the following corrective actions must be taken: 1. IMMEDIATELY cease all activities for which you are not currently permitted. 2. WITHIN 10 DAYS OF RECEIPT OF THIS NOTICE OF VIOLATIONS properly grade or re -grade all affected areas in order to direct all drainage internal to the mine excavation. 3. WITHIN 10 DAYS OF RECEIPT OF THIS NOTICE OF VIOLATIONS Properly and clearly mark, permanently, the permit boundaries at 100 foot intervals unless the line of sight allows for greater spacing. 4. WITHIN 10 DAYS OF RECEIPT OF THIS NOTICE OF VIOLATIONS submit a modification request to include changes that have occurred to any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. 0 +9 Ll 0 [N:3:irla1491kyi/:.III Louland LLC Attn: Mr. Bobby Armstrong January 6, 2011 Page 3 If the above violations are not corrected within the time indicated following your receipt of this Notice, appropriate enforcement action will be taken and a civil penalty may be assessed against you. If a civil penalty is assessed, the amount may be up to five hundred dollars ($500.00) for each day of violation, beginning with the date of your receipt of this Notice of Violation (N.C.G.S. 74-64). Other enforcement actions may include seeking an injunction or criminal penalty or revoking your mining permit. The responsibility for understanding and complying with the conditions of your mining permit rests with you. The responsibility also rests with you for notifying this office of your plans to correct the violations. Please do not hesitate to contact Mr. Pat McClain, Regional Engineer, at (252-946-6481), or Ms. Janet Boyer, PE, State Mining Specialist, at (919-733-4574), regarding any questions you might have about this matter. Very truly yours, James D. Simons, P.G., P.E. JDS: Cc: Ms. Janet Boyer, PE,State Mining Specialist Pat McClain, PE, Regional Engineer, Washington Regional Office 0 0 North Carolina Department of Enviranmen[t and Natural Resources, Divisioa[ of Land .Resources, Land Quality >* Section P . r _� (PER.mn Tm mm) 1. MINE NAME��--,. a �..�rc _....._..:.. 3. OPERATOR Z T4 ' L-L Ae, 1W)'64 rry f.n. 4. COUNTYf. 5. ADDRESS t' : � �.. C 6, PERMIT .E7iP1RATION 15A 7. RIVER BASIN S. Pm-son(s) contacted at sits .fit , Jt, 4 ffixoV,_ 9. Was mine operating at time of inspection? 0 Yes ❑ No 10. Pictures? . T'Yes ❑ No 11. Date last inspected. l f "'' 1 O 12. Any mining since last inspection? FT Yes ❑ No 1.3_ Is the mine .in compliance with the. Operating Conditions of the Permit? ❑ Yes lTNO If no, explain: + i.'%f9ee.1 i'?r �/7,"s�?:.//- <1 nL �� �...... k, .. ��7 r '�4.4. r' !1. t'O; (:.TrH��r"1 �.:• J/� 1�� :,4 Ft 1�::" %. ,r.,. ..: 4,"•i ''�."'i �)h.'tv1< kr r+ : .. ." tD " "1 err 14. Is tht mine in compliance with the Reclamation Conditions of the Permit? ❑ No IT no, explain: 15. Did any of the above deficiencies .rwWt in ffsite age? _Z'Y/�a+�yJ, ❑ No If yes, descn�be the type and sever ty p i13C damn : It.` 1.. i:t:'c� St li � t�. �1i:rl}t,"{" `. '�L.a,JjL. I 16, Cotrective mepn= peeled pad/or tak= cel 'elr , [ 1 4414. X r...[[ _ .,.". .. h; " -r.-• - 17, Other ecomm datio and comments; 7t' ry t, [. il- ,J., ,,,:. ..f... .'C.. :1 it "J' - C:-._ 18. Is e Amuml Reclamation Report +/-reap accurate? ❑ Yes Cl No (Explain) .L 4lot Reviewed 19. Follow-up inspection needed.? .„ 'Yes ❑ No Proposed date 1 1 20. No. of" t3dditional pages of Inspection Report 21. Copy of Report sent to operator 1 (date) MPECTER BY: ... MMIR , '- . DATl Telephone No: (Li )1..`.7_ i_!1[ '; White copy to file Yellow copy ro operator Pink copy to Mining Specialist 10197 C A� NCDENR North Carolina Department of Environment and Division of Land Resources Land Quality Section FILE COPY Naturai Resources ,lames D. Simons, PG. PE Beverly Eaves Perdue, Governor Director and Stale Geologist Dee freeman, Secretary December i3, 2,6 f() NOTICE OF NONCOMPLIANCE WITH MINING PERMIT CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 0290 0001 5628 7963 Louland LLC Attn: Mr. Bobby Armstrong Post Office Box 96 Pantego, North Carolina 27860 RE- Louland Pit (Permit No, 07-53) Beaufort County, North Carolina Drainage Basin: Tar -Pam Dear Sir: This is to inform you of nonc6inpliances with mining permit No. 07-53 issued to you and/or your firm to operate the Louland Mine in Beaufort County. On December 09, 2010, personnel of this office inspected the mine, as required by G.S. 74-56 of.the Mining Act of 1971. The inspection disclosed that the operation was not in compliance with conditions of your mining permit. Operating Condition 4A 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, The inspection revealed that the mechanical barriers and other erosion and sediment control measures and/or devices are either not in place or broken down resulting in erosion: 2. Operating Condition 4B: All drainage from the affected 'area around the Mine excavation shall be: diverted internal to said excavation. Washington Regional Office 943 Washington Square Mall, Washington, Norm Carolina 27889 - Phone: 252-946.64811 FAX. 252-975.3716 Internet; hIip:lhwrvr.(llr.enr.slate_nc.usipagesllandqualityseclIon, html '-n Equal Opportunity; AfrirrnativP Action Eniploycr • 50%REcy60114°o Post Consumer Pai)er CERTIFIED MAIL Lowland LLC Attn: Mr. Bobby Armstrong December 13, 2010 Page 2 The inspection revealed that areas disturbed outside the approved permit boundary including stockpiles, the drainage is not being directed to the excavation. 3. Operating Condition 5: All mine permit boundaries (15.7 acres) shall be permanently marked at the site on 1 a0-foot intervals unless the line of sight allows for larger spacing: intervals. The inspection revealed that the permit boundaries have not been clearly marked. 4. Operating Condition 12: The operator shall notify the Department in writing of the desire to delete, modify, or otherwise change any part of the mining, reclamation, or erosionlsediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to onsite implementation of the revisions. The inspection revealed that land disturbance has occurred outside the limits of the approved permit boundary without prior approval. To correct the above noted noncompliance you must: 1. IMMEDIATELY cease all activities for which you are not currently permitted. 2. WITHIN 10 DAYS OF RECEIPT OF THIS NOTICE OF NONCOMPLIANCE properly install/reinstall and maintain all mechanical barriers and other erosion and sediment measures and/or devices sufficient to restrain erosion. 3. WITHIN 10 DADS OF RECEIPT OF THIS NOTICE OF NONCOMPLIANCE properly grade or re -grade all affected areas in order to direct all drainage internal to the mine excavation. 4. WITHIN 10 DAYS OF RECEIPT OF THIS NOTICE'OF NONCOMPLIANCE Properly mark the permit boundaries every 100 foot intervals unless the line of sight allows for greater spacing. V CERTIFIED MAIL Lowland LLC Attn: Mr. Bobby Armstrong December 13, 2010 Rage 3 5. WITHIN 10 DAYS OF RECEIPT OF THIS NOTICE OF NONCOMPLIANCE submit a modification request to include changes that have occurred to any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. If - the above noncompiiances are not corrected within the time specified, appropriate action will be taken to obtain compliance. The responsibility for understanding and complying with the conditions of your .mining permit rests with. you. The responsibility rests with you for notifying this office of your plans to correct the deficiency. Please do not hesitate to contact this office regarding any questions you may have about this matter. PHM:gan Enclosure: Mine Inspection Report cc: State Mining Specialist Sincerely, Patrick H. McClain, P. E. Regional Engineer I North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MM C U / (PF D MM) 1. MINE NAME L ov f c' V1 c' 2. m Nwo PERmlT # 0 7- 5� 3 3. OPERATOR Lou f cL J. L. L G 11111e,13 rmsfvv n 4. COUNTY-C cc.v 4AY t7 . . 5. ADDRESSC 6. PERMIT EXPIRATION DATE S - .2-0/�7 7. RIVER BASIN _ -o e- - /6 ram! _ 8. Person(s) contacted at site /V roar _--'*c. 9. Was nine operating at time of inspection? ❑ Yes No 10. Pictures? es ❑ No 11. Date last inspected: /)-/ / / 0? 12. Any mining since last inspection? Yes ❑ No 13. Is the mine/M* Co./ Hance with the Operating Conditions of the Permit? ❑ Yes . OINo Ifno, explain: � T% / jCL11Crytlt"j hCrrYir✓j S1.41cole Y�c/cCl1�L/CC'Gc.•., f-4c-/I, rr,l��il�y / It G Ia�rtt H7r y��lC�✓Grr'[ic,c �. /S {I64 bUit. 6111tiL.a 601 rC f ��i C c #1 a c rivi i i /� 'i[ ct�f 9 � rKPj C`F lCU ti C' 1 T1 r %J� c: d t~ Si t i C C-J L .LC�it V Clr—* C Y h 4 t •• C.�G v! C. 1 ri!}�tX%YI kJCE.,etC1[.r.rr Ems,_ l per _ � C" U�1 l�f�e-VGy ai�Jret_ ��'`�0/. 14. Is the mine in compliance with the Reclamation Conditions of the. Permit? Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ;.alu 0 Yes No If yes, descn'be the typp and severity of the da+magle• ?Fro I , a _, _ c-- p� e d, i, ix � ., � i E fl c(. 1, !n e- � ms 110 ©t45 _ S CljmLy, J- 06sc-" t'6 nuq c T plc 16JJ)) Corrective measures n and/or taken: r X l 1 �� a/ 1 Im e c K:f "r c bUV r i d Q C� (�Tliilr Mtu �� I��tr1�c'!w 1011,7i1c�r•-��,.1'Gcw<G )CI y, Fcsire c�%r;�r�acl�c �rC�Ic (.- 100 h)o 144- .,/ ra rAc.�• w !nr 1LtLVLrJ% JT117 v CS� a7L; � ' e. E 7 Chi Y v ►-z rm r 0. Other recommendations and comments: IDOL e 1C1a r 18. Is the Annual Reclamation, Report +/-map accurate? ❑. Yes No lain) ❑ Not Reviewed e . r " 010 Ov e- & u c- ' v f c- Aruo r t1 O/ . 19. Follow-up inspection needed? Z Yes ❑ No Proposed date ;C /1 1�/ 20. No. of additional pages of Inspection Report . 21. Copy of Report sent to operator, / 1,-7 I /0 . ,F INSPECTED BY: Gd " Ll IVO I'Y-S '4 l /l> C L'N % t ,r ✓ DATE %I (date l%fl ! Telephone No: (.S -2- 1 y V&- y Lrl White copy to file Yellow copy to operator pink copy to Minmg Specudut J"7 North Carolina Department of Environment and Natural Resonnes, Division of Land Resources, Land Quality Section (PERMITTED MM) 1. MINE NAME ('A (, , ` t 2. MINING PERMIT # S 3. OPERATOR ,°�'r.- + > .r . r r . .r 1 4. COUNTY ' d 5.ADDRESSrJ �'rt,. !�r r ,.,fL.r'+ 6. PERMIT EXPIRATION DATE % 7 ! 7. RIVER BASIN 8. Person(s) contacted at site No t' f i l . � � : ► � r f 9. Was mine operating at time of inspection? ❑ Yes .E:No 10. Pictures? ❑:Yes ❑ No 11. Date last inspected: '` / / 1 1' 7 12. Any mining since Iast inspection? ,❑',Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes . ri, No If no, explain: 't ei l , . f .A /J. ; r r, , L ! ,1 1 . l .. rL~ �f^ �1 11 1 ! + r'),'? r. r , r 'e i ! ' / 1 J ` l r<. i /d'. J 1. 'x t r- I � r• rr t 1 .t.f t.�_�•%'1� 1�JJi� �t / ' 7, f, r I1_ i .[ L,{„ I1 L r'f�, Jrrf 1 tit �ff �, 4e1: r11tilA.. .�.rr/f�',l`Cftl }'! ��.,1. /Y14,�t� °t}.7llifll^i•d- � r(.. �'r/� � �11' +. r' ri.r� I ,I•.�t_ r � b1 `ly t�lli. :t�' {r./ "�ir7,'{il. .rf i �,r d� rr' t'1 1 i ,!:•�, �, .,,I r.l, J.. �. � .lair.%';;, r'•itr�'(_ir I"t;_ t� �1i.. t.J>.1r1„�' fJn (.A° tlu i+`4, ,.-� ,�ft'�.fl', �°fit i"�>�- 7. f� f, f, ^', �' 14. Is the mine in compliance with the Reclamation Conditions of the Permit? -D�Yw ❑ No If no, explain: iii A ,It 0,)1 � d, l•i. °'! �..rlf� j /J- t t { Y I� ii i r r d !, a I r..r !� J 1�- t � ti° r i l J f (. '-t l 1, , h d-(, 15. Did any of the above deficiencies result in offshe damage? ,El, Yesr ❑ No If yes, descrt'be the type and severity of the damage: A, r L. - , �r '. 1I tA, I„ c �+ d ► r r . ° ° ! . r` . , ! r r l., �r,r " ( 1.1:111 t 1. .. •rt[Jr`°. 16. /Corrective measures needed and/or taken: ! r < . / ; t , I , I+. ' rc.(A t Ir•1 1 JJ. J"� l.)).ri t' t •la.ti _c.l�t�l� f �fl. /' r !! 1 41 d , i .i `1 ♦ J.JI• r 1 fa i /. +rA:� ! �_ �l'�i iII. •�. `T t I. ! / i `�1. eA'f �.7 t_ , d/ �7�-� ]�✓L�%}I1°! a r. 111,_r itrt C,i 1l',•1l.r,f° t �.��rA 'I, i,' f Alt, ,r /, r r,':e'e '1 ;t 4-y 17. Other recommendations and comments: � 'ri I, � •r 18. Is the Annual Reclamation Report +/ map accurate? ❑ Yes JD No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑` Yes ❑ No Proposed date 20. No. of additional pages of Inspection Report . 21. Copy of Report sent to operator 121 z / ©'! . INSPECTED BY: ° - DATE / �(date) Telephone No: ( I ) ' . 'd -r White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section (PERMITTED MINE) 1. MINE NAME Lra_\c.�'��?� 2. MINING PERMIT # 3. OPERATOR �\t i , - r. 4. COUNTY `,�f., •L; .'r 5. ADDRESS � , \y { �, Cat- 6. PERMIT EXPIRATION DATE Y \n 7. RIVER BASIN 8. Person(s) contacted at site 9. Was mine operating at time of inspection? ❑ Ye ❑ No 10. Pictures? Yes ❑ No 11. Date last inspected: 12. Any mining since last inspection? Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ID No 1f no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? 4 Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes Z] No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 17. Other recommendations ,and, comments: ram , r..\r.� �tsi•- \, a,11 4, � ry t rWA \,71k0 &'V 1'_'4.",\ �`v—^�=-'�xr ��l\�� :♦ 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) 21 Not Reviewed 19. Follow-up inspection needed? IR Yes ❑ No Proposed date r\/ 20. No. of additional 'pages of Inspection Report 21. Copy of Report sent to operator J' /0 (date) INSPECTED BY: DATE c-j-,- Telephone No: (,IS' J.5. S1L' - [ N White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 Wehner, Judx From: Wehner, Judy Sent: Thursday, September 23, 2010 4:10 PM To: Novak, Gary Subject: RE: proposed permit mod to stockpile clean soil. We need a signed original letter and a copy actual approved mine map of the area to be filled and sloped. From: Novak, Gary Sent: Thursday, September 23, 2010 4:00 PM To: Wehner, Judy Cc: Ward, Allison; Mcclain, Pat Subject: proposed permit mod to stockpile clean soil. Judy, Attached are documents provided from louland, LLC Permit No. 07-53. Permit modification to stockpile soil from a DOT project in Belhaven. Let me know if you need more info or if you have any questions. Later, Gary A. tdovak HC Departmeiit of Ern.ironmei-ft and 1dattsrol Re... Divironmental Senior Specialist 252.946-5a31 ext. 3860 ,=jork �ar-�,na-a1 �r�craenr,go� tlorth Carolina Deptartment of Environment .ti ... 943 lr-tashington SgLl8re Mall c3; csirngtG,�, Illo(- in Ckolina 2?,839 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 Wehner, Judy From: Novak, Gary Sent: Thursday, September 23, 2010 4:00 PM To: Wehner, Judy Cc: Ward, Allison; Mcclain, Pat Subject: proposed permit mod to stockpile clean soil. Attachments: Gary A Novak.vcf; NCDENR Letter.pdf; scan0004.pdf Judy, Attached are documents provided from Louland, LLC Permit No, 07-53. Permit modification to stockpile soil from a DOT project in Belhaven. Let me know if you need more info or if you have any questions. Later, Gary A. Wovak NC Deoas'tment of Environment acid natural Re... Environmental Senior Specialist 252-94o•6-1-8lext, 3360';Vort garyxovaf gm-denr, gov f•tordi Carolina Deptartment of Eiivironmeiit , ; • . 943'vVeshington Square Mall V'Ashicigton, North Ckollna 27339 E-mail correspondence to and from this address may be subject to the North Carofina Public Records Law and may be disclosed to third parties Armstrong, Inc. PO Box 96 Pantego, NC 27860 252-943-2082 252-943-3308 fax NCDENR Attn: Pat McClain 943 Washington Sq Mall Washington, NC 27889 RE: Permit Modification Unsuitable Stockpile Material NCDOT project #1060 Pantego, NC Mr. McClain, Armstrong, Inc is requesting a permit modification for Louland Sand Pit, Permit Number is 07-53, located on Beech Ridge Rd, Pantego, NC. DB_PG 1452/0981. Roberson Contracting, Inc of Williamston, NC is currently working on NCDOT project #1060 on Morningstar Rd. We are asking to have approximately 1900 CY of clean soil and grass removed from this location to be dumped at the front end of our sandpit, located on the property above. This material is to be used to grade and slope our sandpit banks. If any additional documentation is needed, please do not hesitate to call me. Thank you for your help in this matter. Sincerely, Kim Slade Armstrong, Inc Site: 64.36 AC PT IR-1 LILLUN CARAWAN ALLEN/E rc % v A" Property Details: �PIN i 15013865 GPIN 17607-18-4061 �GPINLONG 17607-18-4061 INAME1 FLO-LEM—D LLC I NAME2 ADDR1 18581 NC 45 JADDR2 ICITY [BELHAVEN JSTATE INC IZP 277810 PROP -ROAD SR 1766 JACRES 164.36 [ACCT NOR F873370 IMAP -SHEET 1760700 �NBR-SLDG [0 1 DATE 15/6/2005 F08--T6-- 145210981 LAND -YAL FIE;i7O BLDG-VAL jo IDEFR-VAL 10 JTOT-NAL 1190670 [NBHD-CDE FA JNBHD-DESC —JAVERAGE --FSUB_CDE F FSLiCEESC [STAMPS jo SALEPRICE10 IZONE F- JLAND_USE DISTRICT �09 . PROP-DESC 164936 AC PT TRA LILLIAN CARAWAN ALLEWE --1 �MBL 76070049 JEXMPT-PROP IEXMPT_MT F6— �ROAD_TYPE P I GENSUSBLK r JPREVASSESS 10 I) I$CLAWER These maps and Information either in digital air haetcapytorm at are prowled surely as U PL011C ssrHce api may do "Qlmeet 5urvernig accuracy standards. This Map data is prepared From the inveriary of coal props rtyfourd within this junsdii:;jiun i1not is Coin pilitiC. I `0M Fecords6`t0ad$Tplats. and other public records and aata users of any maps generatedon this sitrim arc vili dtion SoulCeS should be Consulted tar verifiCal,or, of the information contained an anyertaps The COI.inryoi Floc i assumes no iagai (es00nSft?i1,ty l0f the information contained on mesa maps, 9/23/2010 10:38 AN C� • • • January 30, 2007 MEMORANDUM TO: File FROM: Brenda M. Harris, Secretary SUBJECT: Notice of Issuance of Mining Permit °A copy of the attached "Notice of Issuance of Mining 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: Mr. Pat McClain NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James 0. Simons, PG, PE Michael F. Easley, Governor Director and State Geologist January25, 2007 William G. Ross Jr,, Secretary Mr. Bobby Armstrong Lou!-=-1, Lt C PO Box 96 Pantego, North Carolina 27860 Re: Louland Pit Beaufort County Tar River Basin Dear Mr. Armstrong: The application for a mining permit for the above referenced mine site has been found to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As we have received the required security to cover this application, I am enclosing the mining permit. The conditions of Mining Permit No. 07-53 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 January 25, 2017. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage and affected acreage for this site are both 15.77 acres, as indicated on the mine map last revised August 29, 2006. Please review the permit and contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 of any objection or questions concerning the terms of the permit. Sincerely, 4X_1?411� rloyd R. Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRW/jw Enclosures: Permit No. 0-7-53 Notice of Issuance cc: Mr. Pat McClain, PE Ms. Shannon Deaton -WRC, w/permit Mr. Bradley Bennett-DWQ, w/permit Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures Mr. Peter M..Benjamin, US Fish and Wildlife Service, w/o enclosures 1612 Mail Service Center, Raleigh, North Carolina 27.699-1612 - 919-733-457Y / FAX: 919 3J-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Louland, LLC Louland Pit Beaufort County - Permit No. 07-53 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by 'Lhis rni; m ig ;,peration will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: January 25, 2017 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 ;__ a _rra,. :ra....s t_ v,a:a. _ _,._ VNGIpIVI YVII��GII IiUll{'.G �i ��.'+ i�.iCa�� w ��iv.,,u.1 -w•v�\G �� .]uJ�.+G�n t e permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until January 25, 2017. 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 Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality, B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, 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. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. C. No dewatering activities shall occur at this site. D. Mining activities shall occur as indicated on the mine map last revised August 29, 2006 and the supplemental information received by the Land Quality Section on August 1, 2006 and September 28, 2006. 5. All mine permit boundaries (15.77 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. Page 4 7. The affected land shall be graded so as to prevent collection of,pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient Duffer (minimum 25 foot unexcavated) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources rip or to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. LOULAND, LLC �/�� \�:\. \' \\� /� ���^��� �. ~ �\\y : � ��^�� ^^ `� \ R.FC , I- All T, N,,, - f--� AU§ L O U LA N D PIT PO BOX 96 PANTEGO, NC 27860 TELEPOHONE: {252) 943-2082 FAX: (252) 943-3308 Datejuly 19,2006 NORTH CAROLINA MINING PERMIT APPLICATIONI state of North Carolina Department of Environment And Natural Resources Division of Land Resources Land Quality section 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 733-4574 Revised 4/2002 NOTE: It is recommended that you contact the appropriate Regional Office (see Regional Office listing in the back of this booklet) or the Raleigh Central Office for a PRE -APPLICATION MEETING To discuss your intentions and address any questions MINING PERMIT APPLICATION REVIEW PROCESS FLOWCHART BEGINNING OF PROCESS 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.............. I........ Review Public Comments; Public Hearing Possible .................................... If "NO", Assistant State Mining Specialist drafts a letter requesting additional information from applicant Additional information from applicant received and routed to/reviewed by Assistant State Mining Specialist and Land Quality Section Regional Office (LYo to * 1 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 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 ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine LOULAND PIT County BEAUFORT River Basin: TAR-PAM Latitude (dd.mm.ss) 35° 35' 31" Longitude (dd.mm.ss) 76038'25" 2. Name of Applicant* LOULAND LLC 3. Permanent address for receipt of official mail** PO BOX 96 PANTEGO NC 27860 Telephone (252) 943-2082___ Fax: (252)943-3308 4. Mine Office Address PO BOX 96 PANTEGD NC 27860 Telephoner (252) 943-2082 5. Mine Manager BOBBY ARMSTRONG 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 JULY 19, 2006 Print Name BOBBY ARMSTRONG Title MINE MANAGER This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. * * The Land Quality Section must be notified of any changes in the permanent address or telephone number. * * * Signature of company officer required. G.S. 74-51 provides that the Department shall grantor deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required traps provided before this application can be considered complete. Attach additional sheets as needed. -I- i • • • • • • • • • • • i 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 reap. A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: 1. a. If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): 15.77 ACRES Of this acreage, how much is owned and how much is ]eased? Acres owned: Acres Ieased: 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) acrea*e covered y Me existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes No`. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes No . If yes, indicate the additional acreage to be covered by this modification: (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed) by the mining operation? Yes No (if no, a "minor modification" fee of $50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): d. If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by Te 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 X Dragline & Truck Self -loading Scraper Other (explain) -2- APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) 12 FEET Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) ELEVATION REFERENCED TO NCGS "GALLEY" 1982 ELEVATION 8.43 FEET NAVD b. Expected average depth of mine (feet) 6' WATER DEPTH 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 col2ies of a 7.5 minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all 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 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly if 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 adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway; creek, stream, river, or other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: l . Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. 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 0-99 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 O.00ACRE Stockpiles 0.67 ACRE Wastepiles 0.00 ACRE Processing Area/Haul Roads 6.11 ACRES Mine Excavation 5.60 ACRES Buffer Arear 3.39 ACRE NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. 1. THIS MINING SITE WAS STARTED AS A SMALL SITE BUT EXPANDED WITHOUT SECURING PROPER PERMITS. 2. THE SITE WAS USED FOR FARMING AND THE DITCHES PASSING THROUGH WERE PLUGGED AND EROSION AND SEDIMENTATION MEASURES ARE MONITORED AND MAINTAINED. 3. THE EXISTING SITE WILL BE EXPANDED TO THE NORTH AS THE NEED ARISES. 4. A GRAVEL AND SOIL HAUL ROAD WAS BUILT FROM BEECH RIDGE ROAD TO THE EXISTING SITE. 5. EXCAVATING EQUIPMENT SUCH AS BACKHOE AND FRONT-END LOADER IS PRESENT ON THE SITE AT ALL TIMES. 6. THE SOIL IS REMOVED FROM THE GROUND AND PLACED IN STOCK PILE AREAS AND THEN A FRONT-END LOADER IS USED FOR LOADING TRUCKS. 7. THE OWNER KEEPS THE SAND SWEEPED FROM BEECH RIDGE ROAD TO PREVENT TRAFFIC HAZARD. 8. BANKS ARE TO BE PROPERLY SLOPED AND SEEDED TO MAINTAIN WATER QUALITY IN LAKE. 9. IT IS ANTICIPATED THAT THE PROPERTY SURROUNDING THE LAKE WILL BE SUBDIVIDE INTO LOTS. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine maps) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. THE TOPOGRAPHY OF THIS SITE HAS A GENTLE SLOPING FROM THE CENTER OF THE SITE WITH DITCHES PASSING THROUGH FOR DRAINAGE WHILE BEING USED FOR FORMING. THE SOIL TYPE IS OF SUCH THAT NO EROSION HAS OCCURRED AND RAIN WATER PERK THROUGH READILY. THE STACK PILES ARE PLACED SO THAT THE WEIGHT OF THE SOIL CREATES A SLOPE WITH NO PROBLEM WITH EROSION. THE HAUL ROAD IS GRADED AS NEEDED TO FACILITATE TRAVEL AND BEST MANAGEMENT PRACTICE IS BEING USED FOR EROSION AND SEDIMENTATION CONTROL MEASURES. 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 theoperation involve discharging fresh or wastewater from the mine or plant as a point discharge to the waters of the State? Yes No X . If yes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method gf'stabilization) on your mine map(s). APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes X No . If yes, do you intend to dewater the excavation(s)? Yes No X . If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine 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. NIA 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? DUST WILL BE CONTROLLED ALONG THE HAUL ROAD BY WATERING AS WEATHER CONDITION DICTATES. -7- • • APPLICATION FOR A MINING PERMIT • 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance • within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine • map(s). • 25 FOOT BUFFER WILL BE MAINTAINED AROUND MINE LIMITS AS NOTED ON MAP. • • • b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities • within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may • be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the • mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer i locations and widths on the mine map(s). THERE IS NOT WETLANDS ON THIS SITE AND THE MINING AREA IS 270 FEET EAST OF INTERSECTING CANAL BANK. • • • • • 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to l 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 SLOPES WILL BE GRADED ON A 3:1 SLOPE FROM NATURAL GROUND TO LAKE WATER LEVEL AND A 2:1 SLOPE UNDER THE WATER. • • • • • • • • • I• APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine maps) for all fill slopes (berms, wastepiles, overburden disposal areas, etc), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. THERE WILL NO FILL SLOPES. c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections jbr all cut slopes must be provided on the mine map(s). SLOPES ABOVE WATER LINE WILL BE 3:1 OR FLATTER AND 2:1 SLOPE BELOW WATER LINE. (SEE CROSS-SECTION ON SITE MAP.) 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. NO HARD ROCK EXCAVATION WILL OCCUR ON THIS SITE. 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. THE METHOD OF REMOVING THE SAND BY MECHANICAL MEANS (BACKHOE) WILL MINIMAL HAZARD TO THE PUBLIC AND THE ADJOINING PROPERTIES. THE OWNER WILL USE DUE CARE IN HAULING THE SAND ON THE PUBLIC ROADS AND MONITOR THESE ROADS AND REMOVE ANY ACCUMULATION OF MATERIAL. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/crass-section and location of each type of barricade to be used must be indicated on the mine map(s). OWNER WILL ERECT SIGNS WARNING PUBLIC THAT THEY ARE ENTERING A MINING AREA AND THEY SHOULD BE THERE BY PERMISSION FROM THE OWNER. 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 ofall visual screening on the mine map(s) and provide cross -sections through all proposed berms or proposed spacing, sizes and species, for tree plantings. THE MINING PIT IS LOCATED 2184 FEET NORTH OF BEECH RIDGE ROAD AND DURING THE CROP SEASON THE CROP OBSTRUCT THE PUBLIC VIEW OF THE AREA. b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? NO ADVERSE EFFECT IS EXPECTED TO OCCUR. 11. Will explosives be used? Yes No X If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third - party blasting study). Locate the nearest offsite occupied structure(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes No X 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(s). NO HAZARD CHEMICAL WILL BE STORED ON SITE. -i0- • • • • • APPLICATION FOR A MINING PERMIT • 0 D. RECLAMATION PLAN • 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate • the sequence and general methods to be used in reclaiming this land. This must include the method of • reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment • of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This • information must be illustrated on a reclamation map and must correspond directly with the information • provided on the mine map(s). In addition, design information, including typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) ofall permanent • channels must be indicated on the reclamation map. • • THE OWNER IS ANTICIPATING DEVELOPING THE AREA AROUND THE LAKE INTO LOTS TO • BE SOLD TO THE PUBLIC. WATER QUALITY WILL BE SUCH THAT THE LAKE WILL BE USED . FOR FISHING. 0 1. LAKE SHOULD HAVE A DEPTH OF 4 FEET DEEP AT NORMAL WATER LEVEL WITH • SOME AREAS HAVING A DEPTH OF 10 TO 12 FEET TO HELP WATER QUALITY. • 2. THE LAKE PERIMETER WILL BE GRADED AS NOTED ON SITE CROSS-SECTION AND • SEED AS DIRECTED BY THE U.S. SOIL CONSERVATION. 3. THE EXISTING HAUL ROAD WILL BE UPGRADED TO MEET THE STANDARDS FOR • RESIDENTIAL DEVELOPMENT AS NOTED IN THE BEAUFORT COUNTY PLANNING • BOARD. • 4. NO SURFACE WATER FROM THE ADJACENT FARMING OPERATION AND • DEVELOPMENT WILL BE ALLOWED TO FLOW INTO THE LAKE. • • 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes X No • If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled crass -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 X No If yes, specify species. 0 BASS AND BLUEGILL • • • • • • 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. • NO ROCK EXCAVATING WILL BE DONE ON THIS SITE. • • • • • • -�- • • • 0 APPLICATION FOR A MINING PERMIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations for such areas must be provided on the reclamation map. ALL OVERBURDEN AND REFUSE WILL BE REMOVED FROM SITE AT THE COMPLETION OF MINING PROCESS. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. THERE WILL BE KNOW PROCESSING OF MATERIAL ON THE SITE. ALL STOCKPILES WILL BE REMOVED AND SITE WILL BE GRADED AND SEEDED AS NOTED IN PERMIT. OWNER IS CONSIDERING THE OPTION OF DEVELOPING THE SURROUNDING LAND INTO A SUBDIVISION AND THE EXISTING HAUL ROAD WILL BE THE ACCESS TO THE DEVELOPMENT. b. Will any on -site roadways be left as part of the reclamation? Yes X No . Ifyes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization. b. 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 enerated waste shalt be disposed of on the mine site without Prior written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with a list of'items to be disposed in said areas. ALL SPARE EQUIPMENT PARTS AND CONTAMINANTS WILL BE REMOVED FROM THE SITE AS PART OF RECLAMATION. -12- APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations forye_ar-round_seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for permanent revegetation and, if necessary, temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): 2 Tons / Acre of Dolomitic Limestone FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): 10-10-10 @ 800 lbs/acre at time of seeding SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes Seed lypes: Seeding Dates: Seeding Rates: Oats, Wheat or Rye Sept. 22 - March 20 3 bu./ Acre KY-31 Fescue Sept. 22 - March 20 60 lbs / Acre Unhulled Common Bermuda grass Sept. 22 - March 20 10 lbs / Acre German Millet March 20 to June 20 30 lbs I Acre Pensacola Bahia Grass March 20 to June 20 50 lbs / Acre Hulled Common Bermuda grass March 20 to June 20 8 lbs / Acre Sundan Grass June 20 to Sept. 22 401bs / Acre Brown top Millet June 20 to Sept. 22 35 lbs / Acre Hulled Common Bermuda grass .Tune 20 to Sept. 22 8 lbs / Acre Pensacola Bahiagrass June 20 to Sept. 22 50 lbs / Acre MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: 2,000 lbs / acre grain straw anchored by crimping or netting immediately after placement. OTHER VEGETATIVE COVERS - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): NONE Revegetation Signature Print Name reforestation plan approved by: Date _ 77 Title Distric Conservationist Agency Natural Resource Conservation Service -13- APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksh eel 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 miningpermit. Please insert the approximate_ acreage, for each aspect o the mining operation, that you intend to a ect duain the li e o this minin ermit in addition lease insert the a ro riate reclamation cost/acre or each cate or from the Schedule of Reclamation Costs providedwith t is aRpl land rreclamation 2 OR you can defer to the Department to calculate your band or you base upond y map costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: 0.00 Ac. X $ 500 /Ac. _ $ 0.00 Stockpiles: 0.67 Ac. X $ 1,800 /Ac. _ $ 1,206 Wastepiles: 0.00 Ac. X $ 2,000 /Ac. _ $ 0.00 Processing Area/Haul Roads: 6.11 Ac. X $ 1 800 /Ac. — $ 10,998 Mine Excavation: 5.60 Ac. X $ 500 IAc. _ $ 2 800 Other: 25' BUFFER AREA 3.39 Ac. X $ 1,800 -/Ac. _ $ 6,102 TOTAL AFFECTED AC.: 15.77 Ac. (TOTAL PERMITTED AC.: 15.77 Ac.) SUBTOTAL COST $ 21.06 Temporary & Permanent Sedimentation & Erosion Control Measures: M) 0 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 15.77 Ac. b) Positive Drainage 0.00 Ac. Inflation Factor: X $1, 500.00 = $ 0.00 SUBTOTAL COST: $ 213,106.00 ^ • 0.02 X SUBTOTAL COST: $ 21,106 X Permit Life (1 to 10 years): 10 YEARS INFLATION COST: $ y TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 2 e-_00Is Total Reclamation Bond Cost: $ 2 00 J� (round down to th a est $100.00) -14- r 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. NOTEi THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(b1). ■ SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -15- NOTICE Pursuant to provisions G.S. 74-50(b1) of The Mining Act of 1971, Notice is hereby given that LOULAND, LLC has applied on JULY 19 2006 (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 15.77 acres located 1.5 (Mineral, Ore) (Number) (Miles) EAST of PANTEGO off/near road SR 1700 (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(b I), 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 pennitted 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 contact the Mining Program staff at 733-4574. 101il (SEE ATTACHED MAILING LIST) (Addressee/Owner of Record's Name and Address) JULY 19, 2006 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) on the mining permit application review process, -16- LOULAND, LLC BOBBY ARMSTRONG MINE MANAGER (Name of Applicant: Include Contact Person & Company Name, if Applicable) PO BOX 96, PANTEGO, NC 27860 (Address of Applicant) APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 1, NORWOOD MARTIN MAYO, an applicant, or an Rent, or employee of an applicant, for anew Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (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.] 121 W. 3RD Street PAUL SPRULL BEAUFORT COUNTY MANAGER 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 pennit 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(b 1) and 15A NCAC 513.0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. `' JULY19, 2006 Signature of Applicant or Ag t Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) NORWOOD MARTIN MAYO (title ofperson executing Affidavit) ACTING AGENT I, _ ANNETTE MAYO _ a Notary Public of the County of BEAUFORT , State of North Carolina, do hereby certify that NO appeared before me this day and under oath ackr Witness my hand and notarial seal, this SI ' 4e ULY p'I A l� ` b Notary: z.- �• ��� .i► fury onlni& t was made 2006, ion expires: _ MARCH 9, 2008 w 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: APPLICANT: Signature: Signature:* Address: 4 Telephone: Print Name: eyo b _ �) rfy)-`3) r0 n CA Title: rYl', n e Y la i10 a e--r Company: L o kA) Qn � L I L _ Mine Name: L Q kA) Orr , Pt' i -� *Signature must be the same as the individual who signed Page l of this application. Six 6 copies of the completed application, six 6 copies of all location maps, mine maps and reclamation pCatalina and the Apr0„processing c ssing fee (see next page for fee schedule) in the forma check or money order payable to the North Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. am] MINING A nonrefundable permit application processing fee when riling 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, I 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, I 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 S00 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. 10/2000 -19- Francis M. Nevils, Jr., P.E. Section Chief Land Quality Section 1612 Mall Service Center Raleigh, NC 27699-1612 Shipping Address: Land Quality Section 512 North Salisbury Street Raleigh, NC 27604 LAND QUALITY SECTION James D. Simons, P.G., P.E. - Chief Engineer David H. Ward - Sediment Specialist ? - Assistant Sediment Specialist Tracy E. Davis, P.E. - Mining Specialist Judy Welmer - Assistant Mining Specialist ? - Assistant Mining Specialist ? -Dam Safety Engineer Tami Dodd, E.I. - Assistant Dam Safety Engineer James Caldwell, E.I. - Assistant Dam Safety Engineer Caroline Medlin, E.I.- Sediment Education Specialist Tabitha Brown - Sediment Education Intern Secretaries Wendy Sposto - Lead Secretary Stephanie Lane - Sediment & Dams Susan Edwards - Mining DARTERS Courier - 52-01-00 Telephone: (919) 7334574 FAX No.: (919) 715-88016 Greg Taylor - LAN Coordinator LAND QUALITY SECTION REGIONAL OFFICES ASHEVILLE MOORESVILLE WINSTON- RALEIGH RICHARD PHILLIPS, P.E. DOUG MILLER, P.E. SALEM JOHN HOLLEY, P.E. Interchange Bldg. 919 North Main Street MATTHEW GANTT, P.E. 3800 Barrett Drive 59 Woodfin Place Mooresville, NC 28115 585 Waughtown Street Raleigh, NC 27609 Asheville, NC 28801 Winston-Salem, NC 27107 INTEROFFICE COURIER - 12-59-01 COURIER - 09-08-06 COURIER - 13-15-01 (919) 571-4700 (828) 251-6208 (704) 663-1699 (336) 7714600 FAX # (919) 5714718 FAX # (828) 251-6452 FAX # (704) 663-6040 FAX # (336) 7714631 Chatham Durham Avery Buncombe Burke Alexander Lincoln Alamance Alleghany Ashe Edgecombe Caldwell Cherokee Clay Cabarrus Mecklenburg Caswell Davidson Davie Franklin Granville Graham Haywood Henderson Catawba Rowan Forsyth Guilford Halifax Jackson Macon Madison Cleveland Stanly Rockingham Johnston Lee McDowell Mitchell Polk Gaston Union Randolph Stokes Surry Nash Rutherford Swain Transylvania Iredell Watauga Wilkes Yadkin Northampton Orange Yancey Person Vance Wake Warren Wilson FAYETTEVILLE WILMINGTON WILLIAM (TOBY) VfNSON, F.E. DAN SAMS, P.E. 225 Green Street 127 Cardinal Drive Ext. WASHINGTON Suite 714 Wilmington, NC 28405-3845 FLOYD WILLIAMS, P.G. Fayetteville, NC 28301 943 Washington Square Mall Washington, NC 27889 COURIER - 14-56-25 COURIER - 04-16-33 (910) 486-1541 (910) 395-3900 COURIER - 16-04-01 FAX # (910) 486-0707 FAX # (910) 350-2018 (252) 946-6481 FAX # (252) 975-3716 Anson Montgomery Scotland Brunswick New Bladen Moore Hanover Beaufort Bcrtie Camden Cumberland Richmond Carteret Onslow Harnett Robeson Columbus Pender Chowan Craven Hoke Sampson Duplin Currituck Dare Gates Greene Hertford Hyde Jones Lenoir Martin Pamlico Pasquotank Perquimans Pitt Revised 03/2002 Tyrrell Washington Wayne ttttttur • • • SCHEDULE OF RECLAMATION COSTS10/2000 = applicos.sch.wpd • (Based upon range of $500 - $5 000 per affected acre) COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill dirt, CS = Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI = Mica, LI = • Lithium, PF = Pyrophyllite, OL = Olivine, KY = Kyanite/Sillimanite/Andalusite, PH . = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other • Type T/S Ponds S. iles W. iles 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) • r 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(FT) 5000 (PD) . • CL 1000(L) 2500 5000 5000 2000(L) • 2500(FI) 3700(PD) • PF, 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. • • • 1,000 copies of this public document were printed at a cost of $845.81 or $.85 per copy. 4/2002 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES - LAND QUALITY SECTION • • -21- • • • 7/27/2006 PIN Beaufort County Sand Mine Adjoining Property Owners List 1 NAME-2 ADDRESS-1 CITY STATE ZIP —CODE P 7607-17-2125 AHEARN, .... I. AEL TAYLOR AHEARN, DIANE O'NEAL PO BOX 194 PANTEGO NC 27860 FARM LAND 7607-28-2041 ALLEN, B , R BRUCE 743 NC HWY 99 N PANTEGO NC 27860 FARM LAND 7607-57-5318 ALL , L H & SON, INC. 385 INDIAN RUN ROAD PANTEGO NC 27860 FARM LAND 6698-83-2980 BISHOP R. H., JR. 643 WATER STREET BELHAVEN NC 27810 FARM LAND 7608-47-9021 BISHOP, JR. 643 WATER STREET BELHAVEN NC 27810 FARM LAND 7607-07-5322 CAROWAN, ENJAMIN G., JR. PO BOX 128 PANTEGO NC 27860 FARM LAND 6698-81-2277 CAROWAN FARMS LIMITED PARTNERSHIP PO BOX 129 PANTEGO NC 27860 FARM LAND 7607-08-5135 COPEALATHAM MORRIS, CHARLENE SUE C. 1610 LAMAR STREET FLORENCE AL 35630 FARM LAND D,,ROGER 7607-05-4845 LAUGHUSE, F. C. LAUGHINGHOUSE, MARGARE PO BOX 279 PANTEGO NC 27860 FARM LAND 7607-18-4061 LOULAND, LLC 8581 NC 45 N BELHAVEN NC 27810 FARM LAND 7618-54-0996 PUNGO CO., LLC PO BOX 100 ALBEMARLE NC 28002 FARM LAND 7607-06-5624 RADCLI BEL C. PO BOX 609 UPPER MARLBOR MD 20773 FARM LAND 7607-25-2215 RADCL M COE, JR, EVERTON, FRANCES R. 2336 BAYVILLE ROAD VIRGINIA BEACH VA 23455 FARM LAND 7607-15-5734 SPROUSE _ , tT, SR. 780 BEECH RIDGE ROAD BELHAVEN NC 27810 780 BEECH RIDGE ROAD, BELHAVEN, NC 27810 •••••••••••j•••••i••••••••••••••••••••••••••••••••••••• Maya & Associates 10121 U.S. 17 Hwy S. VANCBBORO, NORTH CAROLINA 28686 July 19, 2006 Judith. A. Wehner Assistant State Mining Specialist Land Quality Section Division of Land Resources Department of Environmental and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 Re: Louland Pit, Beaufort County Tar -Pamlico River .basin Dear Ms. Wehner: MARTIN MAYO AND RICHARD MAYE PROFESSIONAL LAND SURVEYOR TELEPHONES (252) 946-3469 (WASHINGTON, NC) (252) 229-0872 (NEW BERN, NC) (252) 975-3736 (FAX NUMBER) Enclosed is a copy of the Mining Permit Application for Louland Pit and copies of the U.S. Postal Service Certified Mail Receipts. The "Notice of Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971" have been mailed by Certified Mail Return Receipt and we will send you copies of the signature cards when they are returned. Please review our permit application and if you have any questions please do not hesitate to call me at (252) 946-3469. Yours truly, Norwood Martin Mayo, PLS 20187-3.doc Labe] 0: 70033110000205800897'- Issue PVT:$4.64 PANTEGO PANTEGO NC 27860 $0.39 First -Class 0.60 oz. Return Rcpt (Green Card) $1.85 CHOCOWINITY Certified $2.40 CHOCOWINITY, North Carolina Label #: 70033110000205800880 278179152 ----- 3631970056-0098 Issue PVI: $4.64 07/27/2006 (252)946-1559 11:07:51 AM BELHAVEN NC 27810 $0.39 Sales Receipt First -Class Product Sale Unit Final 0.60 oz. Description Dty Price Price Return Rcpt (Green Card) $1.85 --. Certified $2.40 PANTEGO NC 27860 $0.39 Lake) #: 70033110000205800866 First -Class _----_-_ 0.50 oz. Issue PVI: $4.64 Return Rcpt (Green Card) $1.85 2.40 PANTEGO NC 27860 $0.39 Certified First -Class Label #: 700331100fl0205800873 873-- 0,60 oz. Issue PVI: $4.64 Return Rcpt (Green Card) $1.85 Certified $2.40 VIRGINIA BEACH VA 23455 $0.39 Label #: 70033110000205800859 First -Class 0.70 oz. Issue PVI: $4.64 Return Rcpt (Green Card) $1.85 Certified $2.40 PANTEGC NC 27860 $0.39 Label #: 70033110000205800941 First -Class 0.70 oz, Issue PVI: $4.64 Return Rcpt (Green Card) $1.85 Certified $2.40 UPPER MARLBORO MD 20773 $0.39 Label #: 70G33110000205800842 First -Class 0.60 oz. Issue PVI: T $4..64 Return Rcpt ((been Card) $1.85 PANTEGO NC 27860 $0.39 Certified $2.40 First-ClLabel #: 70033110000205800934-` OReturrn Rcpt (Green Card) $1.85 Issue PVI: $4�64 Certified $2.40 BELHAVEN NC 27810 $0.39 Label #: 70033110000205800835 First -Class 0,60 oz, Issue -_- PVI: $4.64 Return Rcpt (Green Card) $1.85 Certified $2.40 BELHAVEN NC 27810 $0,39 Label 4: 70033110000205800927 First -Class _=Z=ZZ=Z 0.60 oz. Issue PVI; $4.64 Return Rcpt (Green Card) $1,85 Certified - $2.40 ALBEMARLE NC 28002 $0,39 Label #: 70033110000205800828 First -Class 0.70 oz. Issue PVI: $4.64 Return Rcpt (Green Card) $1.85 _ Certified. $2.40 Label #: 0D3311DOOD2O5800910 Total: $60.32 7 Paid by; Issue PVI: $1.64 Personal Check $60.32 PANTEGO NC 27860 $0.39 First -Class 0.60 oz. Bill#: 1000200626517 Return Rcpt (Green Card) $1:85 Clerk; 05 Certified ,. 4 $2.40 Label 0: 70033110000205800903 All sales final on stamps and postage. Refunds for guaranteed services only, Issue PVI: $4.64 Thank you for your business. Customer Copy FLORENCE AL 35630 $0.39 First -Class 0.60 oz.- AUG 01 200 GF�O 1t11/AI,FwTM 1ixEVe.I1PT �.IEiITIFIED IViAIUM RECEIPT 1 P,,(nah)eep c,d?e 1 O»!y, lVa,lneurap Goverage� Provided)' -• Momestic Mall Only, No Insurance Coverage Provided) =1=o tlelfVeryt lnf r�rletldn Melt buir Yire6'Ite:ak Wt tilr.0 pa,corrs� x For delivery lntormatton visit our wetsslts at www.usps.coma� ,y 1 a a rU � :;gym€x a' V 1.; _" a certilled Fee t2. 4rI OOS6 o Ceniaed Fee 1�o[urn Racla t Fee i`y Postmark © Return Recte t Fee �1 oslmark 1 J (Endorsement Required) 1. �rcJ Nora (Endorsement Required) i . 5 R G 0 :1 neslrklod Dollvory Fee Restricted Delivery Fee �1 (Endorsement Required) 0.110 ra (Endorsement Requlmd) 40, i1ra rfi LA osa osage .Faes $ ¢,$4 U1dr. ,!UU6 0 Osage eel, "7 r"rl a Srinr (p © Sent rJ�) l-�-� 11 �hf a �' ( C' SC. `I �t Ge --- Gy- r-d' G.G.11' ........ --- SFroaf,"-"-"............... 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(10 C=� E� Total Postage & Fees 1 $ $4.64 07/27/2011 - - ------------- Of PO Box No, ------- ....... ----------------- cly, z I 1p+ 4 Ufa!11�111�j a? 10 6 . 9-watal CERTIFIED %Jwlv1%*%'uw . M MAIL. RECEIF (Domestic Mail Only; No Insurance Coverai C3 CID O 4A Ilyrf) ii& ul Postage $ ru Im Gertiflod Fee $2. 0 IM Ij5 Postmark C:3 Return II Fee (Endorsement FaI Hare C3 Restclod Delivery Feo (Encl.tsoment Required) to I fit) Total Postage & Fees Is $4.64 O7/27/20(16 ni Sent TO 0 arpof ---------------- ............. ..... . . .............. .............. C State, 1P+4 Lf-01-r— m -- 0 G= PS Form 2002 Sao a for I Irlstruclif Ono r- nj Di., V Postage ru I CertIllod Fee $2.411 Return Fee (Endorsement R-19.1irad) 1-15 Postmark L ) 'N r-1 Restricted DeliveryFile (Endorsement Required} Total Postage & Fees $ $4.6 07/27/2011 Soril To L No:;..................... oI ............. ------- PS Form 3800, June 2002 See Reverse ...................... for Ins rkicillonlI For delivery Information visit our webafte at www.uspax0fria UTRl,T Ln TA Postage $ so _N nj C3 Cartillod Foe 0173156 C3 M Return Redept Fee (Endorsement Required] 05 Postmark Here E3 r9 Restricted Delivery Fee (Endorsement Required) ri Total Postage & Fee. $ 4.64 07/27/2006 C:3 Sent TO. ................... 0'. PO Box No, 1.1c Ch State, 2'IP+4 PS Form Sieft June 2002 . . . ............. . . . See Reverse for Instructions ;CERTIFIED MAIL. RECEIPT iestla Afalf only; kilo Insurance Coverage Pro '." Fordeilvery lntatmat)on visit out webalta at wwxr.usps. e. r, ni Carwlad Fee 0056 0 Return Reclept Fee (Endorsement Required) 05 Postmar highs M Raslrlcted Delivery Foe rq (Endorsement Required) �U • t•uJ �' r=1 M Total Postage &Fees $ 07/27/2 06. z. M © r en(Ta ry -S'fleol, Apt. No;' or PQ Bo-v No. , -------- ------'^-_...-......_.....-............................ 1 "c Ik) c a c.• :OO 02, See Reverse for instructions 'MNO �A& NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary January 11, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 0500 0002 7858 1196 Ms. Noell Morris Armstrong Inc. PO Box 96 Pantego, North Carolina 27860 RE: Assignment of Savings Account No. Dear Ms. Morris: Please find enclosed the recently submitted Assignment of Savings Account No. issued by Southern Bank and Trust. AS per our telephone conversation, the assignment and instrument (certificate of deposit, in this case) must be issued as Louland LLC as the applicant and depositor. Should you have any questions, please contact me at (919) 733-4574. 1 am enclosing a new assignment form for your use. Sincerely,Qqt� P"(� {_ft Judith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosures: ASA No. Blank ASA Form Cc: Mr. Pat McClain, PE 1612 Mail Service Center, Raleigh, North Carolina 27.699-1612 •919-733-4574/ FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 An Equal Opportunity % Affirmative Action Employes — 60% Recycled t 10% Post Consumer Paper 0 6 Aa %A NCDENR North Carolina Department of Environment and Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist November 9, 2006 Mr. Bobby Armstrong Louland, LLC PO Box 96 Pantego, North Carolina 27860 Re: Louland Pit (Draft Permit) Beaufort County Tar River Basin Dear Mr. Armstrong: 0 Natural Resources Michael F. Easley, Governor William G. Ross Jr,, Secretary Your application for a mining permit for the above referenced mine site has been reviewed but not yet approved. Enclosed is a draft of the mining permit proposed by the Department. The conditions in the draft permit were based primarily upon information supplied in your application. Other necessary conditions may have been added to ensure compliance with The Mining Act of 1971. The reclamation bond has been calculated for this site using the information submitted in the application (see enclosed worksheet). The bond amount for this site is $25,300.00. The bond is required before the permit can be issued. For your convenience, I have enclosed a bond form, an assignment of a savings account form and an irrevocable standby letter of credit form. The name on the security form must be the same as the name appearing on the enclosed draft permit, i.e., Louland, L.L.C. In addition to one of these alternatives you may, upon request, substitute a cash deposit. Please review the enclosed draft permit and the reclamation bond worksheet, and contact this office should you have any objections or questions concerning the permit conditions. G.S. 74-51 provides that the operator has sixty (60) days following the mailing of a notice of the required bond in which to file the required surety. The permit will be issued when the required security has been received. No mining may be conducted until the permit is issued. G.S. 74-65 states that the issuance of a 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. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled L 10% Post Consumer Paper i Mr. Armstrong Page Two Please contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 if you have any questions. FRWIjw Enclosures cc: Mr. Pat McClain, PE File L Sin erely, Floy R. Williams, PG, CPG, CPM State Mining Specialist Land Quality. Section 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: Louland, LLC Louland Pit Beaufort County - Permit No. 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: *2016 . 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. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until *2016. 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 Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, 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. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. C. No dewatering activities shall occur at this site. D. Mining activities shall occur as indicated on the mine map last revised August 29, 2006 and the supplemental information received by the Land Quality Section on August 1, 2006 and September 28, 2006. 5. All mine permit boundaries (15.77 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. • Page 4 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 25 foot unexcavated) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel 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. Page 5 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $*.00 * bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage, 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. • Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. 0 Page 7 3 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall -be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through D. E. The affected land shall be graded to prevent the collection of noxious or foul water. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per Revegetation Plan approved by Mr. Rodney Woolard, District Conservationist, with the Natural Resources Conservation Service on July 18, 2006 or the following: Permanent Seeding Specifications Dates February 15- April 1 April 1- July 31 August 1- October October 25- February 15 Soil Amendments Species Rate, Lbs/Acre Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 Common Bermuda 50 Lespedeza (unscarified) 30 German millet 40 Rye (grain- temporary) 120 Lime - 2000 Ibslacre or follow recommendations from a soil test. Fertilizer - 1000 Ibslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibslacre and anchored appropriately. • Page 8 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit issued this *th day of * 2006, James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources APPLICATION FOR A iVI NING PERNUT o tt &nm E. DETEILNIINATION OF AFFECTED ACREAGE :4aYD 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 inse 1he�pro_ mate acreages fo AFFECTED CATEGORY ACREAGE Tailings/Sediment Ponds: Ac. Stockpiles: Ac. Wastepiles: Ac. Processing Area/Haul Roads: �" �_►1L_ Ac. Mine Excavation:� a Ac. Other: Ac. TOTAL AFFECTED AC.: —AS27— Ac. ( TOTAL PERIIMIITTED AC.: 15',?7 Ac.) RECLAMATION RECLAMATION COST/ACRE* COST X S /Ac. X S / d0 /Ac. X S /Ac. X S / CXi of /Ac. X $ 3Q46 /Ac. X S g� 0 /Ac. TeCmporary & PermanentSedimentation&Erosion Control V_ Mures: 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 Ac. b) Positive Drainage © Ac. X 51,500.00 = S SUBTOTAL COST: Inflation Factor-- D as 0.02 X SUBTOTAL COST: S �1 ! �0 X Permit Life (1 to 10 years): INFLATION COST: $ 0 as TOTAL COST = SUBTOTAL COST + INFLATION COST = $ s a A7, c+� �h o� Total Reclamation Bond Cost: (round down to the nearest $100.00) 14. 10 z F 65 i 7'Hig6aA Washington: 252-946-3469 rax 252-975-3736 NewEwn: 25z-zz9-0e7z TR14N. i ITTA-Z TO: Judith Wehner CLIENT NO.: Assistant State Mining Specialist Land Quality Section, Division of Land Resources Department of Environment and Natural Resources Louland, LLC MAYO & ASSOCIATES 20187 PROJECT: JOB NO.: X ENCLOSED X AS REQUESTED VIA FED EX UNDER SEPARATE COVER FOR REVIEW AND COMMENT FOR YOUR FILE FOR APPROVAL ITEMS SENT: # OF COPIES DATED COPY OF COVER PAGE OF PERMIT 1 07-19-06 AFFIDAVIT OF NOTIFICATION 1 07-19-06 REDUCED MAP 1 07-19-06 ADDRESS LIST 1 07-27-05 COMMENTS: BY: DAWN MAYE DATE: November 2, 2006 COPY: FILE RECEIVED NOV 0 3 2006 LAND QUALITY SECTION MINING PERMIT APPLICATiON LOULAND PIT PO BOX 96 PANTEGO, NC 27860 TELEPOHONE: (252) RECElkF.7-AX,: (252) 943-3308 'NOV 0 3 2606 LAND QUALITY SECTION SECTION Date:July 191,2006 943-2082 • • APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, NORWOOD MARTIN MAYO, an applicant, or an agent, or employee of an applicant, for anew Mining 'ermit, 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 ,wners 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 ;zat notice of the pending application has been caused to be mailed, by certified or registered mail, to said owners of ecord at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) SEE ATTACHED LIST (Attach additional list if necessary) I do also attest that the following -individual is the chief administrative officer of the county or municipality in vhich any part of the permitted area is located and that notice of the pending application has been caused to be nailed, by certified or registered mail, to said office at the following address: (Chief Administrative Officer Name) (Address) (City Ma alter, County Manager, Mayor, etc.] 121 W. 3RD Street PAU_L_ SPRULL, BEAUFORT COUNTY MANAGER 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 Zat are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the pplicant 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(b 1) and 15A NCAC 5B .0004(d). . understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above „otices were caused to be mailed and to provide them to the Department upon request. _.I_ULY 19, 2006 Signature of Applicant or A t Date person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) NORWOOD MARTIN MAYO (title of person executing Affidavit) ACTING AGENT t, ANNETTE MAYO a Notary Public of the County of BEAUFORT , State f North Carolina, do hereby certify that ppeared before me this day and under o Witness my hand and notarial seal, this gotary: the above Affidavit was E �4 ? y o 0� A 0 n .off a L� G Y 2006. ission expires: MARCH 9, 2008 �_ Ivi.�OAR IN DRAWINGS120187 712012p06 119:52 PM 1 14I I I � 1 �p :J .J 7/27/2006 u Beaufort County Sand Mine Adjoining Property Owners List PIN NAME 1 NAME 2 ADDRESS 1 CITY STATE ZIP CODE PARCEL ADD 7607-17-2125 AHEARN, MICHAEL TAYLOR AHEARN, DIANE O'NEAL PO BOX 194 PANTEGO NC 27860- FARM LAND 7607-28-2041 ALLEN, BONNER BRUCE 743 NC HWY 99 N PANTEGO NC 27860 FARM LAND 7607-57-5318 ALLEN, L H & SON, INC. 385 INDIAN RUN ROAD PANTEGO NC 27860 FARM LAND 6698-83-2980 BISHOP, R. H., JR. 643'WATER STREET BELHAVEN NC:- 27810 FARM LAND 7608-47-9021 BISHOP R. H., JR. 643 WATER STREET BELHAVEN �NC 27810.. FARM LAND 7607-07-5322 CAROWAN, BENJAMIN G., JR. PO BOX 128 PANTEGO ' , NC 27860 FARM LAND 6698-81-2277 CAROWAN FARMS LIMITED PARTNERSHIP PO BOX 129 PANTEGO NC 27860 FARM LAND 7607-08-5135 COPELAND, ROGER LATHAM MORRIS, CHARLENE SUE C. 1610 LAMAR STREET FLORENCE AL 35630 FARM LAND 7607-05-4845 LAUGHINGHOUSE, F. C. LAUGHINGHOUSE, MARGARE PO BOX 279 PANTEGO NC 27860 FARM LAND 7607-18-4061 LOULAND, LLC 8581 NC 45 N BELHAVEN NC 27810 FARM LAND 7618-54-0996 PUNGO CO., LLC PO BOX 100 ALBEMARLE NC 28002 FARM LAND 7607-06-5624 RADCLIFF, MABEL C. PO BOX 609 UPPER MARLBOR MD 20773 FARM LAND 7607-25-2215 RADCLIFFE, ROSCOE, JR. EVERTON, FRANCES R. 2336 BAYVILLE ROAD VIRGINIA BEACH VA 23455 FARM LAND 7607-15-5734 SPROUSE, ROBERT, SR. 780 BEECH RIDGE ROAD BELHAVEN NC 27810 780 BEECH RIDGE ROAD, BELHAVEN, NC 27810 0 • MINING CHECKLIST FOR ROUTING Applicant's Name: _ .4aG _ Project Name: IK Appiic./Permit No.: County: Date Received: Reviewer: River Basin Name: Ad �cw ❑ Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside perm' boundarlee) ❑ Transfer ❑ Release ❑ Part; a Release Additional Information ❑ Fee Needed: $ ❑ Fee Received: $ pate entire application Qe to: �i Regional Office (2 complete copies; attach the "LQ5 Regional Office Mining Application Review Checklist" to one copy and attach � the DWQ and DAQ "Mining Application Review Form" to the other copy; send both.c:wReo'd Regional Engineer) Date: RoutedRec'd ❑ Division of Water Resources Date: Routed ❑ NC Wildlife Resources Commission Date: Routed Rec'd ❑ U5 Fish & Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) 0 Divi5ion of Parke i Recreation D. Routed i ❑ NC Geological Survey Section Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) ❑ Other: Date: Routed Rec'd **5u5pen5e Date for Comments: 0 0206 (no later.than 25 days from receipt) Please note the following: k you mes, nd: u:�±%Z - - Vance&, NC 28586 hex: 252-975-3736 TO: Ms. Judith A. Wehner CLIENT NO.: N— 15em: 252-229-0872 Louland Pit -Beaufort County -Tar MAYO & ASSOCIATES 20187 PROJECT: River Basin JOB NO.: X ENCLOSED X AS REQUESTED VIA CERTIFIED MAIL UNDER SEPARATE COVER FOR REVIEW AND COMMENT FOR YOUR FILE FOR APPROVAL ITEMS SENT: # OF COPIES DATED LETTER 1 09-18-06 24X52 MAPS 3 08-29-06 (revised) RETURN RECEIPTS 3 VARIES COPY OF FRONT OF RETURN LETTERS 1 VARIES COMMENTS: Please review the data that we have submitted and if you need any additional information please contact Martin Mayo at 252-946-3469. Thank you so very much for all of your help and assistance. BY: Dawn Mae DATE: September 25, 2006 COPY: File R FWED SSQ 2'd LAN) � � • � ��' � � ] � _ � .o E ` , ' f � :3 � ix � ... Y .J S 1oendssociates POA7�y_ � Vanceboro. NC 28586rigwa Land uyiO21U7ing Waski neton: 25 Z-"i6-3t69 September 18, 2006 Fa- Z2 Z-975-3736 Ms. Judith A. Wehner Assistant State Mining Specialist Land Quality Section, Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Re: Louland Pit -Beaufort County -Tar River Basin Dear Ms. Wehner: In response to your e-mail dated August 29, 2006 as follows: New f>em: 252-229-0872 1. Permit boundary line on map has been highlighted. 2. Silt fence shown on site plan to be installed at the end of plugged ditches. 3. Check dams shown on site plan to be installed. 4. Silt fence shown along West perimeter ditch to be installed as noted. (See mine report) 5. Martin Mayo made inspection of mine state on September 14, 2006 and off -site generated material has been removed from mine areas. 6. All green cards have been mailed by certified mail and enclosed are copies of that mailing. 7. Return receipt copies are enclosed from certified mailing except for L.H. Allen &. Son, Inc. When Louland, LLC was formed they worked out of Mr. Armstrong's home at Route 1, Box 727, Belhaven, North Carolina 27810, then later they moved to a temporary office at 2582 US 264, Pantego, North Carolina 27860, and at the present time they are using Post Office Box 96, Pantego, North Carolina 27860 f r their mailing address. I am enclosing two (2) copies of the revised mine map. Your help with the mining permit application is greatly appreciated. If you have any additional questions please do not hesitate to call Martin Mayo at 252-946-3469. Cordially, Martin Mayo, PLS MM/am { cm co m Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse sc t}iat 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: C 2t-OWGn FarfnS W Qan I t-zs PGrti�ea�ol �t� 0`�`1`CStoo A Signature ■ Complete items 1, 2, and 3. Also complete A- Signature ❑ Agent item 41f Restricted Deliveryis desired. ❑ Agent ❑ Addressee sss, a Print your name and address on the reverse ❑ Addre 1111 ved (P ' fed N. C. Da of D livery so that we can return the card to you. t3 rued (P fed Name) C. ate of li LrVslo■ Attach this card to the back of the mailpiece, D. Is delivery address different iron item 1? Y j or on the front if space permits. If YES, enter delivery address below: 0 No 1. Article Addressed to: j' f1 7. Ca r'6Wa n jsr• "-• - - � �� man 09 o7-T$ rno 3. Service Type g 0 Certified Mail ❑ Express Mail ❑ Registered KRetum Receipt for Merchandise I, ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? ffAlre Fee) ❑ Yes (T* r ii ii ? `ri, iE ii i? [i ii, id. _ ■ t PS Form �s•ortrt-1tbs �.i f i•• - - i D. is delivery address different from item 17 ❑ Yes If YES, enter delivery address below: ❑ No 3. a Type AV Certified Mail ❑ press Mail ❑ Registered XRxetum Receipt for Merchandis ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Fxva Fee) ❑ Yes 2. Article Number {Iranslerfrom service Yaiep 7 Op 3 3.1 ], U 17 Il Q 2 ;0 5 $ .Q 8 7 3. PS Form 3811, August 2001 Domestic Return Receipt i Complete items 1, 2, and 3-. Alsb complete' _ ` `" -A : :. _ _ - '1 2' grid g::Also'complete. `' 0 ent ■ Complete items 1, , Item4 if Restrtctect Delivery is_desin3d. item 4 it Restricted Delivery is desired; = - _ X Addressee t PrEni your nartta artd address on the reverse - C9G. 'L� Ci`as- ■ print your Warne and address on the reverse so.that we can return the card to you. g, Received by (Printed C. Gate of Deliv ry ' ..k that we can return the card to you. ■ Attach this card to the back of the mailpiece, _ '� : . s: Attach this card to the back of the mailpiece, or on the front if space permits. /�/! D. Is delivery address different from item 17 ❑ Yes Or on the front if Space permits. 1. Article Addressed for / r r� �� If YES, enter delivery address below: ❑ No 1.: Amide Addressed to: I nn°Er 6rU i n n'i�: �h t 1 G joy A h e4 ro .{ tj —006 3. TG � �� - Type Certified Mail ❑ Express Mail ' ❑ Registered OrRetum Receipt for Merchandise , ❑ Insured Mail ❑ C.O.D. -- 4. Restricted Delivery? {Extra Fee) ❑ Yes 2. Artide� lairs! PS Form I 502545-e2-M-lC D. Is delivery address different from Item 1? 0 Yes If YES; enter delivery address below: ❑ No 3. Service Type . Certified Mail ❑ Express Mail ❑ Registered A4 Retum Receipt for Merchandis ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Parma Fee) © Yes ArticlE - 2. f• �i-r:i 1 Fit! .. 2595-e2-Wil PS FO'T RfCd r D- SfP 2 8 zoos "QUALITY SECTroly 0 C ■ Complete items 1, 2, and 3. Also complete " item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse%i ` so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or ori.the front if space permits. ,a. u:: 1. Article Addressed to: 'uri CO C 6. oMdQ ignature • 1 ■ Complete items 1, 2, and 3. Also complete ,p ❑ Agent ( item 4 if Restricted Delivery is desired. cij ❑ Addressee ! ■ Print your name and address on the reverse' .� eceived by ( Printed Name) C. Date of Delivery " so that we can return the card to you. jrQ- Q _ v / ■ Attach this card to the back of the mailpiece, or on the front if space permits. Is delivery address different from item 17 ❑Yes If YES, enter delivery address below: ❑ No 11. Article Addressed to: Lom'cr Sir. 3. Service Type I en eC t r 11 L{� V'Y1tJr� ACertified Mail ❑ press Mail i ❑ Registered i�Return Receipt for Merchandise j ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2•_ �.t 1 1 :PS Fol 102595-02-M-103 A. Signature w B. Received by /! ❑� Agent— �(1� P] Addresse C. Date of Deliver- D. is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No �. r, L IC 3, j� C frealrtarT F�xpress Mail ❑ Reg "Retum Receipt for Mefchandisr ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (E" Fee) ❑ Yes 2. Article Number.:: 7003 3,11{ 0 0 0 2 {] 5 8 Il 0 8 9 7 (Transfer fror"n service law Ps Form 3811 August 2001 { i : Domestic Return Receipt t iii it ir i SECTIONSENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION CAI DELIVERY SENDER: COMPLETE THIS ■ Complete items 1, 2, and 3. Aiso complete A re item 441 Aestrlcted Delivery is desired. 1 ❑ Agent n Complete items 1, 2,'and 3. Also cohi, t.", M� Print your name and address on the reverse--❑ q� item 4 If Restricted Delivery is desiretl.,- ^' so that we sari return the card toou. r. , ■ Prirt our rtame and address onJthe reverse (Prirtted ) C. Date of Delivery Y it Attach this card to the back of fire mailpiece, :i ,• ,,, that we can return the.card to.you:• or on the front if space permfts!� ` �;� • r , ' ■ Attach this card to•the' ti3C.ir of-the`rriailpiece D. Is dehry address from item 17 ❑ Yes j. i or on the front if space prmits. 1r}�8 ��{a�i dressed to: _7 r ' If YES, enter delivery address below: ❑ No 1 ictes`Addressed to. , Lo q. = 3. Service Type �z.: Oa tU�Q, F3y �( y� fT.'� . A .a Certified Mail ❑ Express Mail n r ❑ Registened A Return Receipt for Merchandise ' ❑ Insured Mail ❑ C.O.D. 102595.02-W10 ❑ Ad&,. , 6._Re6*4ed by I C.^D to of Cklive D. • I.5 delivery address different from ftem l ?'' If YES, enter delivery address befOwx b 4iC] No N, . 1 SpYloe Type ,tied Mail ❑ Express Mail ❑ Registered Jd Return Receipt for Merchandise ` ❑ insured Mail ❑ C.O.D. 4. Restricted Delivery? EExrra Fee) ❑ Yes- - i 4. Restricted Delivery? PD*a Fee) ❑ Yes (Trdrrs�ii! rill f: :. 2. Article Number i f i,t t• i`i. i�eii 'tti!: aifi.ii�+i i�i� ii ii! I � - iS F.,..; ° ; (Transfer hom•ser i `"' 6595-02 M-tD35 PS Ftirm381#,P z 0 E REct SEP 2 6 2008 LAND QuAl I ;. ow,. rJ d w Complete items 1, 2. and 3. Also complete item 4 if Restricted Delivery is desired. m Print your name and address on the reverse so that we can return the card to you. a Attach this card to th back of the mailpiece, or on the front If permits. 1. Article Addressed to: (Y.) C 1 1 P 6 t2)6>S 6cl AA(ri UPPER A q L P-1� , D 0 Agent U Addresse C. Dat f Del' 042'K; D. Is delivery address different from item i ?/ U. W, If YES, enter delivery address below: 1 0 No a 1 3. Service Type Certified Mail 0 Express Mail 0 Registered fs Return Receipt for Merchandist 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? oaba Fee) 0 yes 2. Article Number -- 7003 3110 00021115800934 1, PS Form 3811. August 2001 Domestic Return Receipt 102595-02-M-10 e a 6)mp'Iet*e-Keh'1`s-1-, -JiA�1-3.`Aomp so:'c- t- -1,W1 -A.;Signature - item 4 if Restricted Delivery Is aeelred. 'address x El Agent N -Print Our name and on the reVerse ❑ Addresse, so that we can return the card to you. a. ivied y, (FWnle,d e) Date of Deriver, N Attach this card to the back of tHe magolece, I , �& -0 or on the front If spaci permits. D. is delivery address crifferent f.-M fern V 11 Yes 1. Article Addressed to: `tf YES enter delivery address low: nrz- No toh(A- Y 1VC_ 3. Service Type Certified Mail 0,Express mail ❑ Registered oK Return Receipt for Merchandise. ❑ Insured Mall 0 C.O.D. 14. Restricted Delivery? (Fxtm Fee) 0 Yes 2. Article Number rrmnsfer from s&-vrce Wx0 1 7003 3110 0002 0580 0927 -11 PS Form 3811, August2001 ,Domestic Return Receipt 102595-02-M-10. a 1��` ONQOUAI „...a_ n � �rirrlrr_�r��itr:lr Mayo and Assocaites, PA 10121 ► South II I II / I I I II II I I II I I I II I I II I I I I I II III III Vancebor , 7 Horo, NC 28560 7003 3110 0002 0580 0941 Roscoe Raa life, Jr. 2336 BA- VILLE ROAD VIR I IA BEACH. VA 23455 ,2858609486 Mayo and Assocaites, PA 10121 US 17 H soul II I II / I I I II II I I II I I I II I I II I I I I I II I I II III Vanceboro, NC 28560 Jai - 7003 3110 0002 0560 0828 P,}C 278 1 "-NNtTiDJT6T�S ►OXTAI Z!�WCi r Name ,ad . tum. t:_1lfi Ec -- :•os__ RMOttNT - $A -6q_ QQ�iq�Q 17_05 NIXIE 235 1 00-,09122J05 RETURN -TO SENDER UNCLAIMED UNAHL.E TO FORWARD SC: :F 2iiGS08914e62l311 '*2040-014699-27-33 11r171�F111111 �1111}r7�}ilit11ff1111}l11r1 �fr111lr�llr}illl}}� I „ 71-- Z7.3t3 -' plY17L9 STAT(S y . I .�d«lt Rober+Spr use, Sr. 780 BE_4CH RIDGE ROAD BEL 27810 __: 000ao I-os:1 OA ❑ INSUFFICIENT ADDRESS r_ ❑ ATTEMPTED NOT KNOWN ❑ OTHER -. "10 NO SUCH NUMBER/ STREET $ T§ T DELIVERABLE AS ADDRESSED _UUNABLE TO FORWARD �ekfr 1111ilIIfillif 1111111111 illill 11111111111 fill NJ 111111111, 111ff N r _ 0 • • United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 August 18, 2006 Mr. James D. Simmons Director and State Geologist NCDENR-Division of Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Attn: Brenda M. Harris Dear Mr. Simmons: The U.S. Fish and Wildlife Service has reviewed the projects advertised in the following mining applications. Due to staff and funding constraints, we are unable to adequately address the subject proposals at this time. Therefore, we are taking no action on the following mining permit applications. APPLICANT COUNTY NOTICE DATE DUE DATE 91 -ou _ nd Beaufort 08-02-06 08-25-06 Michael E. Gaskins Pitt 08-03-06 08-25-06 David Keith Harrell Chowan 08-04-06 08-28-06 We appreciate the opportunity to provide comments on the subject proposals. Should you have any questions regarding these comments, please contact Mr. Mark D. Bowers at (919) 856-4520, extension 19, or at the above address. 1� cc: NMFS, Beaufort, NC WRC, Raleigh, NC EPA, Atlanta, GA Pete Field in, isor i '07 • NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist MEMORANDUM August 2, 2006 TO: Mr. Peter M. Benjamin Application Review Coordinator U.S. Fish and Wildlife Service FROM: Brenda M. Harris 4a;;-JA Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Louland LLC Louland Pit Beaufort County rF-A- — D 6709 Michael F. Easley, Governor William G. Ross Jr„ Secretary Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by August 25, 2006 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 IS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments QUGOR ?006 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 ,`4 A •,A 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 29, 2006 Certified Mail Return Receipt Requested 7003 0500 0002 7858 0489 Mr. Bobby Armstrong Louland LLC PO Box 96 Pantego, North Carolina 27860 RE: Louland Pit Beaufort County Tar River Basin Dear Mr. Armstrong: Michael F. Easley, Governor William G. Ross Jr., Secretary We have reviewed the application your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: 'Clearly identify the permit boundary on the mine map. The permit boundary must include all affected areas and buffers. VE Provide erosion and sediment control measures for the site, especially where the erosion is occurring in the ditchline. Remove the off -site generated materials from the proposed mine area or provide proof that you have obtained the necessary approvals from the Division of Waste Management to dispose of the material on the site. Revise the mine map to show the disposal area and provide acreage for the waste area so the bond calculation worksheet includes the waste area. 4' The address for Louland LLC in the mining permit application does not correspond with the address on file with the Secretary of State: Please explain this discrepancy. 5. Provide proof sue i s- oc pies-of=t; a return receipts from certified mail, that the adjoining landowners an county managerAve been notified. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612-919-733-4574 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 An Equal Opportunity l Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Mr. Armstrong Page Two Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. 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, NC 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement'cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. cerely, qJdiitVhAAVWehner Assistant State Mining Specialist Land Quality Section cc: Mr. Pat McLain, PE Mr. Martin Mayo via e-mail Application Ili, .07-53 LOS Complete This Section Attach PagW3 of Mine Permit Application Mine Name Louland Pit Company Name Lowland, LLC 'Date',Duo LOS, ;Permit Type, New JjNew F16newal Modification - Transf 1 Nl; 77 L 4 NCGS Complete This Section ,Commodity j sand G'eqqhemIs!ry azar ous Cob.* Mineral buad PANTEGO i Subdd nce ;V 35 76.640270 slopwStability g.(6ec6Q' 1985 Geologic Op - Surficial deposits undivided Seismic Hazard �M I ap Unit "rogeology Other INT-7 Geologic, �ap Unit Mineral v. �4Resources jbthdlogX.• unknown Flood Plain Deposits -,Cornments, ,Wear surface groundwater likely (Cont'd) i: Note: Seismic hazard,value is the peak horizontal, acceleration with a 101/6 chance of excoadence In 50 years. Reference value is firm bedrock, actual site conditions may vary. Source - National Seismic -Hazard Maps Documentation, June 1996, U. S. Geological Survey Open -File Report 96-532 (http://gldmaps.0i.cr.usgs.gov/seishaztpgalO.html). Record No Revfewerl tex g I ComplDatel Revl6wer2 CompIDate2 ji NCGS'MIne Review Checksheet-Da tabase Rev. 2 11128100 RECEIVED AUG 3 0 2006 �Nl) 00�,-WTY SECTION a. TRANSMISSION VERIFICATION REPORT TIME : 08/29/2006 10:28 NAME : NC DENR DLR FAX 9197158801 TEL 9197333833 SER.0 xxxxxxxxxxxx DATE,TIME 08/29 10:27 FAX NO./NAME 912529753736 DURATION 00:00:38 PAGE(S) 02 RESULT OK MODE STANDARD ECM ���_�LECL�41ujAT1 N 1 North Carolind-Department of Environment .and Natural Resources Division of Land Resources - Land Quality Section Mining Program 1612 Mail Service Center, Raleigh, North Carolina 27699 (919) 7')3-4574 Fax: (919) 715-8801 FAX COVER SHEET FAX NUMBER TRANSMITTED TO: 373, r, To: aJ Of: From: / n RE: Date: COMMENTS: *IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE US IMMEDIATELY AT (919) 733-4574: APPLICATION FOR A MINING PERMIT ia44� o 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. P_leas�insPrrr the Approxcmatqttcrea for AFFECTED CATEGORY ACREAGE Tailings/Sediment Ponds: Ac. X Stockpiles: _ .�? . Ac. X Wastepiles: �" 11� Ac. X Processing Area/Haul Roads: Ac-. X Mine Excavation: 646 Ac. X Other: � Ac. X TOTAL AFFECTED AC.: E'Z7 Ac. ( TOTAL PERMITTED AC.:77 Ac.) RECLAMATION RECLAMATION COST/ACRE* . COST $ /Ac $ 160oa /Ac $ /Ac. /Ac. $ /Ac. $ IWO /Ac. TeMporary & P. ermaflj�,nt Sedimentation &. Erosioa (onIrol M s� cures: 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 Ac. Ac. b) Positive Drainage © Ac. X. $1,500.00 = $ SUBTOTAL COST: $1. Lo6.0� Inflation Eactor: as 0.02 X SUBTOTAL COST: $_��6 X Permit Life (I to 10 years): INFLATION COST: $ AR1. a) TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 9 S 3 d7,Z _ 00 Total Reclamation Bond Cost: $_ A (round down to the nearest $100.00) -14- 0 "'4k I http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitem Id=56... North Carolina Elaine F Marshal! DEPARTMENT,01FTHE Secretary S ECRETARY of TAT'E Corporations "Corporations Home 'Important Notice *Corporations FAQ *Tobacco Manufacturers •Dissolution Reports "Non -Profit Reports •Verify Certification *Online Annual Reports *KBBE B2B Annual Reports Links 'Secretary Of State Home *Register for E-Procurement 'Dept. of Revenue Legislation 01999 Senate Bills *2001 Bill Summaries *Annual Reports 1997 °Corporations 1997 Search *By Corporate Name *For New Corporation *By Registered Agent Online Orders *Start An Order *New Payment Procedures Contact Us *Corporations Division *Secretary of State's web site Print *Printable Page PO Box 29622 Raleigh, NO 27626-0622 (919)807-2000 Date: 8/20/2006 Click here to: View Document Filings %Print apre-populated Annual Report Form I Annual Report Count I File an Annual Report I Corporation Names Name Name Type NC Louland, LLC Legal Limited Liability Company Information SOSID: Status: Date Formed: Citizenship: State of Inc.: Duration: Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: . Principal Office Address: Principal Mailing Address: 0684925 Current -Active 7/29/2003 Domestic NC 12131 /2035 Armstrong, Bobby 8581 NC 45 North Belhaven NC 27810 8581 NC 45 North Belhaven NC 27810 8581 NC 45 N Belhaven NC 27810 8581 NC 45 N Belhaven NC 27810 For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. 1 of 8/29/2006 9:42 AM PAR LIMITED 14ABILITY COMPANY ANNUAL REPORT SOSID: 0684925 Date Filed: 1/19/2006 2:21 PM Elaine F. Marshall North Carolina Secretary of State NAME OF LIMITED LIABILITY COMPANY: Louland, LLC STATE OF INCORPORATION: NC SECRETARY OF STATE L.L.C. ID NUMBER: 0684925 FEDERAL EMPLOYER ID NUMBER: 20-2664236 NATURE OF BUSINESS: Construction Property REGISTERED AGENT: Armstrong, Bobby REGISTERED OFFICE MAILING ADDRESS: 8581 NC 45 North Belhaven, NC 27810 REGISTERED OFFICE STREET ADDRESS: 8581 NC 45 North Belhaven, NC 27810 County: Beaufort PRINCIPAL OFFICE TELEPHONE NUMBER: 252-943-2082 PRINCIPAL OFFICE MAILING ADDRESS: 8581 NC 45 N Belhaven, NC 27810 PRINCIPAL OFFICE STREET ADDRESS: 8581 NC 45 N Belhaven, NC 27810 MANAGERS/MEMBERS/ORGANIZERS Bobby Armstrong Mrs Lou MArmstrong Title: Manager Title: Member 8581 NC 45 N 8581 NC 45 N Belhaven, NC 27810 Belhaven, NC 27810 CERTIFICATION OF ANNUAL. REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES Bobbv Armstrone FORM MUST BE SIGNED BY A MANAGEWM EMBER Bobby Armstrong 1 /19/2006 DATE Manager/Member TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: E-Paid Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 North Carolina Department of Cultural Resources State Historic Preservation Office Peter A. Sandheck, Administrator Michael I,. Hasley, Govemor l,isheth C. Evan%, Secretary ,Jeffrey J. Crow, Deputy Secretary August 23, 2006 MEMORANDUM TO: Floyd Williams Land Quality Section Division of Land Resources, DENR FROM: Peter Sandbepita- • S&L-A�am A m Officc of Archives and History Division of Historical Resources David Brook, Director RECEIVED AUG 2 4 2006 E-cTION SUBJECT: Application for Mining Permit, Louland, LLC, Louland Pit, Beaufort County, ER 06-2148 Thank you for giving us the opportunity to review and comment on the above project pursuant to Chapter 74, Article 7 of the North Carolina General Statutes. Because of the location and topographic situation of the proposed project area, it is unlikely that any archaeological sites, which may be eligible for listing in the National Register of Historic Places, will be affected by the proposed borrowing. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. While we note that this project review is only for a state permit, the potential for federal permits may requite further consultation with us and compliance with Section 106 of the National Historic Preservation Act. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-733-4763 ext.246. Location Mailing Addreas Telephone/Pax ADMINISTRATION 507 N. Blount Street, Raleigh NC 4617 Mail Service Center, Ralcigh NC 27699-4617 (919)733-4763/737-9653 RESTORATION 515 N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 (919)733-6547/715-4801 SURVEY & PL.ANNING 515 N. Blount Street, Raleigh, NC 4617 Mail Scrvice Center, Raleigh NC 27699-4617 (919)733-6545/715-4801 • "�7t� '�::r.N""^LJ�,lr.�'��y"R �'a L�. ieyuax�;*�� c �,� � T�&3���F L /0. r0�' • MINING PERMIT APPLICATION REVIEW.FORM for the DIVISION OF WATER QUALITY Project/Number: rL t - { County: &M" **Due Date for Comments Back to Land Quality ection: 1 gtLo ** �c��7lYsvr�� �QS Will the operation, as proposed, violate standards of water quality? 09/2005 Watershed/Stream Name & Classification:-t-Afz - PAorc ►U; �-`3 �3:1 s ,� YES NPDES permit required NPDES permit existing Nondischarge permit required Nondischarge permit existing Wetlands disturbed 401 Wetland Cert. required 401 Wetland Cert. existing (Permit # ) (Permit # ) (Permit # ) NO v Reviewed by: mt .2C Date: F IK oG Print Name: F29- _ 'D_vAeeb-7T Central Office Reviewer:* x l To: I!u Cy Oe, ne. — From: Gary A. Nov Dr"-aff Date: _ i7,ty Priority: Normal High Comments: S y►�, � i MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF AIR QUALITY Project/Number:4'Lfj�aC2 fi4'� County: &"&Z V **Due Date for Comments Back to Land Quality Section: 1 9,1 /0 Will the operation, as proposed, violate standards of air qualit. Comments: YES NO Air permit required Air permit existing -(Permit #_ X Other Comments: Reviewed by: Date: Print Name: (z WEAl 0912005 ral Office Reviewer.Qtl comments for Louland, Ile 07-53 L is Subject: comments for Louland, Ile 07-53 From: Gary Novak <Gary.Novak@ncmail.net> Date: Thu, 24 Aug 2006 12:32:43 -0400 To: Judy Wehner <Judy.Wehner@ncmail.net>, Pat McClain <Pat.McClain@ncmail.net> Judy, Please find attached for the above. If you need additional info. let me know. Gary .Gary Novak <Gary.Novak a,ncmail.net> Environmental Technician Div. of Land Resources, Land Quality Section NC Department of Environment & Natural Resources Commentsloplandpit0753beaufortl4AugO6.doc Content -Type: application/msword Content -Encoding: base64 1 of 1 8/25/2006 6:20 AM a 0 DIVISION OF LAND RESOURCES LAND QUALITY SECTION August 18, 2006 Memorandum To: Judy Wehner, Assistant Mining, Specialist Through: Pat McClain, Regional Engineer From: Gary A. Novak, Environmental Technician Land Quality Section Washington Regional Office Re: Louland LLC Mine Name: Louland Pit Permit # 07-53 - Beaufort County Drainage Basin: Tar -Pam Project Description: The proposed mining permit is located North of and off SR 1700 approximately 1.50 miles east of the Town of Pantego and approximately 0.30 miles east of the intersection of the intersection of SR 1702 and SR 1700. The dirt haul road is approximately 2000 feet long leading to the pit from SR 1700 near a private airfield in Beaufort County. The mine is preexisting in an agricultural area. A Notice of Violation was issued for mining with out a permit. Field Issues Application: 1- Page 6, Part C-1, 2 States that erosion and sediment control measures are in place That is a incorrect statement. They are not installed. Soil stockpiles are blocking the access/haul road and are eroding into the adjoining ditch located on the tract. 2- Page 11 .13-1, 4 How will the runoff be prevented from entering the water impoundment? No details or description on how sediment will be controlled and erosion will be restrained. Field Issues Map: 1- The map shows the 25 foot buffer to be located outside the proposed permit boundary. Revise the proposed boundary to include the buffer to be within the permit boundary. 2- Off site generated materials are being stored on this proposed permit. Properly remove the off site generated materials or obtain a permit from Division of Waste Management allowing- materials to be placed within the permit area. 0 Memorandum August 14, 2006 Page 2 3- The permit boundary is not clearly marked. The boundary shall be clearly marked every 100 foot intervals or of greater intervals if the line of sight is clear. ® North Carolina Wildlife Resources Commission Richard B. Hamilton, Executive Director TO: Brenda Harris, Mining Program Secretary Land Quality Section North Carolina Department of Environment and Natural Resources and Bobby Armstrong, Mine Manager FROM: Maria Tripp, Northeast Coastal Region Coordinator 4AA;z1—W Habitat Conservation Section DATE: August 21, 2006 SUBJECT: Mining Permit Application for Louland LLC, Beaufort County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed this permit application with regard to impacts of the mine on fish and wildlife resources. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.0 661-667d), Section 401(b) of the Clean Water Act of 1977 (as amended), and the North Carolina Mining Act of 1971 (as amended, 1982; G.S. 74-76 et. seq., 15 NCAC 5). The applicant is requesting to mine sand from a 15.77-acre tract off SR 1700 near Pantego, NC. The site is adjacent a canal that flogs into Cuckolds Creels. NCWRC is pleased that the applicant plans to reclaim the mine as a lake stocked with fish. Information regarding establishment and management of fish ponds can be accessed at littl2-.//xN,iN,-NN,.ncwildlife.org/pizO3 Fishin ima es/PONDMAN5.PDF. To benefit wildlife. the Commission recommends }rear -round planting of kobe or Korean lespedeza, winter -time planting of rye or wheat, and summer -time planting of millet or sorghum. These plants provide erosion control and forage and cover for a varieh, of wildlife until native grasses can become established. Seed typcs including bahia and Bermuda grasses provide limited benefits to wildlife and may be highly invasive and inhibit eventual establishment of native grasses. To provide adequate shallow water for aquatic vegetation growth, the pit slope of 3 to I should extend to a water depth of at least 4 feet. Further technical assistance regarding managing fish and wildlife on private lands can be found at http:/Ay w.newildlife,org or solicited directly from Commission Biologist Robert Norville at (252) 523-8540. We appreciate the opportunity to review this permit application. If you need further information on these comments, please contact me at (252) 948-3916. Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 707-0220 - Fax: (919) 707-0028 _� ... � , .. .. � t� 4 v L i � e ii' � � �!' . a i .. i r �. .Ir „ t � , � f ., ,. e'3f. •�s a. � �, f' Y, .. � ... .. ..,. , �y .. f .. � 76' 4Q' 0.00" W, i 07X_39' 0.001, W I I P76° 38' OA0" W I I I 076- 37' 0 0t V, LO 7Z .� • r• z"�.a� `� �� v s ` - o �\� \\\ •� .e ' f. �pJ M 10 Yj ouland pit �i ntegn�F x PaVI Z 5Ce 't�'��''Saaa� `d , �`.}i o i 1 B �'LC -� f r i Z \•"icy. r�j_,S a•�� ` _ _.= _—_ _ o . -�.nm�. _ M w•> ';}`"we'axarsw� s� �+ry �fi'' Ruint7QD }e i R r '"'v:t LO M Mo r.� 1 1 `."ih 10 fit, Ln oM �• �11�11fj/v_,t ."-- "• ' Y 'y` � e ��-- �'' . , -c,-�--i •_.�„ w.., ��it ti 1 _. � ...,. ,JCp C,' ckotdx c_ /� f,/� "Stevenson ,6. 49"10,00.. W I 1 1 076" 39-10.00" W 1 1 076° 38'10.00" W ' ' ' 076" 37'10J00" V Name: PANTEGO Location: 035e 35' 32.4" N 076e 38' 29.5" W Date: 8/1 /2006 Scale: 1 inch equals 2000 feet 1997. Maptach, Inc. NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist August 2, 2006 William G. Ross Jr., Secretary MEMORANDUM TO: Ms. Maria Tripp ��5e ' ° yIz Habitat Conservation Program Coordinator Wildlife Resources Commission AUG FROM: Brenda M. Harris a 0ECEIVED � Habitat Mining Program Secretary Corr,8t;� Land Quality Section SUBJECT: Mining Permit Application for Louland LLC Louland Pit 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 August 25, 2006 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. 9T9,1 Attachments cc: Mr. Pat McClain RECOVE D . AUG 2 2 2006 IAN0 GUP.1-fTY GECi10N 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-45741 FAX 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 RCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., director William G. Ross Jr., Secretary MEMORANDUM TO: Brenda M. Harris Mining Program Acting Secretary Land Quality Section FROM: Mike Street DATE: August 10, 2006 SUBJECT: Louland, LLC 1 Louland Pit Beaufort County Attached is the Divisions' reply for the above referenced project. If you have any questions, please do not hesitate to contact me. WSW 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 Phone: 252 726-7021 1 FAX: 252 727-51271 Internet: www.ncdmf.net An Equal opportunity / Affirmative Action Employer — 50 % Recycled 110% post Consumer Paper None orthCarolina Amorally NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., Director William G. Ross Jr., Secretary August 10, 2006 MEMORANDUM FROM: Mike Street Habitat Protection Section Division of Marine Fisheries SUBJECT: Mining Permit APPLICANT: Louland, LLC PROJ. LOCATION: Louland Pit 1 Beaufort County DUE DATE: 8-25-06 Please indicate below your position or viewpoint on the proposed project and return this form to Habitat Protection Section, Morehead City. If you have any questions regarding the proposed project, please contact Tracy E. Davis, State Mining Specialist, Division of Land Resources 1 Land Quality Section at (919) 733-4574. REPLY: This a noy hhas no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See Attached. This agency objects to the project for reasons described in the attached comments. SIG0 DATE: 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 Phone: 252 726-7021 1 FAX: 252 727-51271 Internet: www.ncdmf.net An Equal opporlunity 1 Affirmative Action Employer— 50 % Recycled 114% post consumer Paper NofthCarolina Natura!!'ff 0 • Name of project: Log In #: DPRIRRS Mining Perm-,u, t- Application Review RRS Contact: &f/ r County: (' ,o�j ZA4f4= Proposed activity is is not /within 5 miles of a public park or recreation area. If yes, identify the park: Manager/agency name: (contact name): (phone; fax): (e-mail} AUS 1 Kuii 1 1- Review conducted by: Date: h1eply,&ab PLEASE RETURN APPLICATION MATERIALS WITH YOUR REVIEW/COMMENTS. YOU CAN ALSO E-MAIL YOUR COMMENTS TO: Adrienne.McCoizAncmail.net Return form and materials to: Adrienne McCoig DENR/Division of Parks & Recreation 1615 MSC Raleigh, NC 27699-1615 z (Please Print on COLOR Paper) r a 0 LT �F WA •' NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist August 2, 2006 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Lewis Ledford, Director Division of Parks and Recreation FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Louland LLC Louland Pit Beaufort County Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly August 25, 2006 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 THU OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. 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 CIJ North Carolina Michael F. Easley, Govemor 0 LV4 MA NCDENR Department of Environment and August 10, 2006 MEMORANDUM TO: Brenda Harris Mining Program Secretary Land Quality Section FROM: Blake Rouse Ground Water Management Section Division of Water Resources SUBJECT: Comments on the Mining Permit Application Request for: Louland LLC Louland Pit Beaufort County Natural Resources William G. Ross Jr., Secretary John Morris, Director IRz*CzI\' r 1� D 160QL��i Y SECTION Please find attached a copy of the mining permit application request for the above referenced project. The Louland Pit Site located in Beaufort County should not have an unduly adverse effect on ground water supplies. Any water withdrawal will be subject to North Carolina General Statute 143-215.22H; Registration of Water Withdrawals and Transfers Required. Any person who withdraws in one day 100,000 gallons (70 gpm) or more of surface water or ground water in North Carolina is required to register the withdrawal with the Division of Water Resources. A Central Coastal Plain Capacity Use Area permit must be obtained from the Division of Water Resources if the withdrawal exceeds 100,000 gallons per day and occurs in Beaufort, Carteret, Craven, Duplin, Edgecombe, Greene, Jones, Lenoir, Martin, Onslow, Pamlico, Pitt, Washington, Wayne, or Wilson County. If you have further questions please contact the Division of Water Resources at (919) 733-4064 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 NOne orthCarolina Phone: 919-733-40641 FAX: 919-733-3558 I Internet: www.ncwater.org )Vatunal& • • I ,Q iA +�. CDENR AUGJ10 2006 North Carolina Department of Environment and Natural ResougM,7 t%TfiRREM Division of land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist August 2, 2006 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris &;—�k- Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Louland LLC Louland Pit Beaufort County ❑ Mine Dewatering Proposed ® No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on August 25, 2006 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Pat McClain 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 lJ 0i MINING CHECKLIST FOR ROUTING Applicant's Name: ?-a��c� LLB Project Name: Z-u4� Applic./Permit No.: County: Date Received: ell 1 4& Reviewer: River Basin Name: `4241 New ❑ Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release ❑ Additional Information ❑ Fee Needed: $ XFee Received: Please route entire annii atiori ackage to: Regional Office (2 complete copies; attach the. Office Mining A plication Review Checklist" to one copy and attach i� K-C L "Mining Application Review Form" to the other copy; Send both.copi 5 to Date: Routed �s Division of Water Resources Date: Routed 0 C Wildlife Resources Commission Date: Routed Rec'd Rec'd U5 Fish & Wildlife Service d Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) XDivision of Parks & Recreation Date: Routed'd 1� kiec'd I'NC Geological Survey Section Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Xolvh5ion of Archives, & History Date: Routed - Rec'd (Only new ap lications) Other: M V:� Date: Routed Rec'd r *,*Suspenoc Date for Comments from receipt) #leaoc note the following: ineer) (no later than 25 days , Oa 5 q 15 _,,'l(0. k NCDENR North Carolina Department of Environment and Natural Resources Division of .and Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director.and State Geaogist August 3, 2006 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Mike Street, Chief Habitat Protection Section Division of Marine Fisheries FROM: Brenda M. Harris 4M Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Louland LLC Louland Pit 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 August 25, 2006 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 is greatly appreciated. Please contact Ms. Judy Wehner 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 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist MEMORANDUM August 2,.2006 TO: Ms. Maria Tripp Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris &ZzLt)_ Mining Program Secretary Land Quality Section Michwl.F. Easley, Governor William G.-Ross Jr., Secretary SUBJECT: Mining Permit Application for Louland LLC Louland Pit 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 August 25, 2006 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION. MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. 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 Ate, • . NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easfey, Governor Director and State Geologist August 2, 20fl6 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris z;��4 Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Louland LLC Louland Pit Beaufort County ❑ Mine Dewatering Proposed ® No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on August 25, 2006 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. 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 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 August 2;-2006 MEMORANDUM TO: Mr. Lewis Ledford,- Director Division of Parks and Recreation FROM: Brenda M. Harris h2E; Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Louland LLC Louland Pit Beaufort County Michael F. Easley, Govemor William G. Rosg.Jr.; Secretary Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly August 25, 2006 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 THU Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner 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, 2760.4 W 0 o =- WA • NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section ,lames D. Simons, 11,G., P.E. DirectoF-and State Geologist MEMORANDUM August 2, 2006 TO: Mr. Peter M. Benjamin Application Review Coordinator U.S. Fish and Wildlife Service FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Louland LLC Louland Pit Beaufort County Michael F. Easley, Governor William G. Rods Jr., Secretary Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by August 25, 2006 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments A6 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 • i� NCDENR North Carolina Department of Environment and Natural Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. August 2, 2006 Director and State Geologist MEMORANDUM TO: Ms. Renee Gledhill -Earley Application Review Coordinator Archives & History FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Louland LLC Louland Pit Beaufort County Resources Michael F. Easley, Governor William G. Ross Jr., Secretary Please find attached for your review a copy of the mining application request for the above referenced project. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on significant archeological resources and/or human skeletal remains would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 NCGS Mine Permit Application Review Checksheet Application 10 LGS Complete This Sectlon Attach Pages 1.3 of Wine Permit Appllcatlon 07- 53 Mine Name / A P41-C Comparry Name Data Cue LOS �, f h� Permit Type: New. Renewal 1 t/ Modification - Transfer; NCGS Complete This Secdon Commodity I Geochemistry Hazardous l County Minerals 7.5' Cuad Subsidence L.at (Dec0eg) Long (Cec0eg) Slope Stability ISM Geologic Seismic Hazed Map Unil Hydrogeciogy Other Geologic Map Unit Mineral Resources Uthology: . Flood Plain Deposits Comments Comments (Cont'd) Nate: Seismic hazard value is the peak horizontal acceleration with a 10% chance of exceedence in So years. Reference value is firm bedrock, actual site conditions may.vary, Source - National Seismic -Hazard Maps Documentation, June 1996, U. S. Geological Survey Open-rde Report 98-532(httpJlgfdmaps.0l.tr.usgs.gov/seishaztpgat0.htmi), RecerdNa 3000 Reviewers ComplOatel' F Reviewer Ccmpi0ate2 NCGS Mine Review Chocksheet-Database Rev, 2 1112&00 ARMSTRONG, INC. SOMERN.13ANK 11741 25852 US 264 BELHAVEN, NC 27810 .M P.O. Box 96 W25&531 PANTEGO, NC 27860 %/18�200b (252) 943-2082 PAY TO THE ORDER OF „ NC DENR _ 1 $-250.00 Two Hundred Fifty and DOLLARS 8 NC DEHNR Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 4 iv1EMn �. beech ridge sand pit permit 76z40' 0.00" W, I I I 076° 39' 0.00" W, I I 1 J776° 38' 0.00" W I I I I 076° 37' 0 0� Vt n f1 s . �, y: Ln CD it ' ,`•� ���' ��ti ��` by•.. I� CO J I I O Ln Cq to \ • louland pit I t ��• r�:1 7I�, 1�.. / lal y f j. a• : �" f R'�..li a I_ � I 1 f€ , / �� 1 ,M in f c ��' / € 1 6U171 INN r�0 cam) LO a (I a i /r it1 1n • p �,�?fin 7 - � \ �� ° � � f � ""`•'.^.-.-..-,..?ice.. y` •��_ . •. ' �fn K fir_ ; •.�. _ `' _ .. j t . � J'r• Ilk �.Y �, � � � � Ji ��u - ti''�+} — i ItVJ .. 1�."V'1s.•.ex e_� ,r'S. r ��� - -� - #h •;W :�".f..rkyr,dti �'�;.N 'J�' �"`w. t y'�' fi '�, "'`"a%�,� — t-_n: �,��,w •5tavvhsan {C3'� '-. r '-, "'.T a. �:r '•.••-,• . ti �.� 1 � 76° 4' 0.00" W I I I p76° 39'�0.00" W I I I 076° 38' 0.00" W I 1 I 076° 37' 0100" Vti Name: PANTEGO Location: 035° 35' 32.4" N 076° 38' 29.5" W Date: 8/1/2006 Scale: 1 inch equals 2000 feet (C) 1997, Maptech, imap:/Brenda.Harris @cros.ncmail.net:143/fetch%3EU1D%3E/Sen... IV Subject: NOTICE OF MR41NG PERMIT APPLICATION From: Brenda Harris<Brenda.Harris@ncmail.net> Date: Thu, 03 Aug 2006 10:44:04 -0400 To: Senator Marc Basnight <Marcb@ncleg.net>, Senator Ed Warren <Edw@ncleg.net>, "Representative Zeno L. Edwards, Jr." <Zenoe@ncleg.net>, Floyd Williams <F1oyd.Williams@ncmail.net>, Mell Nevils <mell.nevils@ncmail.net>, Jim Simons <Jim.Simons@ncmail.net> N. C. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES TO: Beaufort County Senators and Representatives FROM: Division of Land Resources, DENR SUBJECT: Notice of Mining Permit Application DATE: August 3, 2006 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 Mr. James D. Simons, Director and State Geologist, Division of Land Resources at 919-733-3833 or mailto:Jim.Simonsgncmail.net Pursuant to provision G.S. 74-5D (bl) of The Mining Act of 1971, Notice is hereby given that Louland, LLC has applied on July 19, 2006 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 15.77 acres of land located 1.5 miles East of Pantego off/near road SR 1700 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 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 I of 2 8/3/2006 10:44 AM imap:/Brenda.Harris@cros.ncmail.net:143/fetch%3EUID%3E/Sen... O 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: 252-943-2082. 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 applicable: Mr. Bobby Armstrong PO Box 96 Pantego, NC 27860 (252) 943-3308 2 of 2 8/3/2006 10:44 AM State of North Carolina fflUN U Department of Environment and Natural Resources Washington Regional Office LLIA.)QUALITYSPr-em,". Michael F. Easley, Governor William G. Ross, Jr., Secretary CERTIFIED MAIL DIVISION OF LAND RESOURCES RETURN RECEIPT REQUESTED LAND QUALITY SECTION 7006 0100 0000 8384 4470 June 16, 2006 NOTICE OF VIOLATION FOR MINING WITHOUT A PERMIT Louland, LLC ATTN: Mr. Bobby Armstrong, Registered Agent 8581 NC 45 North Belhaven, North Carolina 27810 RE: Louland Mine SR 1700 - Beaufort County Tar- Pamlico River Basin Dear Sir: This is to inform you that you are violating the Mining Act of 1971 by operating a mine without a permit as required by North Carolina General Statutes (hereinafter referred to as NCGS) 74-46, et seq., as amended. On June 15 2006, personnel of this office inspected a mining operation being undertaken located approximately .46 Miles East of the intersection of SR 1702 and SR 1700, north of SR 1700 in Beaufort County. The inspection revealed that approximately 5.80 acres of land have been affected for the purpose of mining. Personnel of this office have also determined that you and/or your firm are the operator of this mine. Pursuant to G.S. 74-59 of the Mining Act of 1971, no person may operate a mine without first obtaining a mining permit and also posting a bond to ensure that the site is reclaimed. Mining is defined by NCGS 74-49 as: The breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals, ores, or other solid matter. Any activity or process constituting all or part of a process for the extraction or removal of mineral's, ores, soils, and other solid matter from their original location. 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481, FAX 252- 975-3716 An Equal Opportunity Employer 50%recycled110%post-consumer paper 0 • CERTIFIED MAIL Louland, LLC ATTN: Mr. Bobby Armstrong, Registered Agent June 16, 2006 Page 2 The preparation, washing, cleaning, or other treatment of minerals, ores, or other solid matter so as to make them suitable for commercial, industrial, or construction use. "Minerals" means any soils, clay, coal, stone, gravel, sand, phosphate, rock, metallic ore, and any other solid material or substance of commercial value found in natural deposits on or in the earth. NCGS 74-49(6). Because you are in violation of The Mining Act of 1971, you are directed to immediately -halt the above mentioned mining operation until you have obtained a valid mining permit from this Department. Please contact this office immediately at 943 Washington Square Mall, telephone 252-946-6481, to indicate your intention to comply with the Act. In addition, you must take the following corrective actions to bring this site into compliance: Immediately cease all mining related activities at this site. 2. WITHIN 30 DAYS OF RECEIPT OF THIS NOTICE Submit a mining permit application to the Raleigh Central Office. Pending the decision to approve or deny your application for a permit, you must take the following corrective actions to restore or repair any damage that has resulted from your unlawful mining activity: or 3. As an alternative to filing the attached mining permit application, you must immediately initiate reclamation of this site and complete the reclamation WITHIN 30 DAYS OF RECEIPT OF THIS NOTICE. Should you choose this alternative, you must submit WITHIN 15 DAYS OF RECEIPT OF THIS NOTICE a plan detailing the intended reclamation, including a specific schedule for completion of this work. Violations of the Mining Act for mining without a permit are subject to a civil penalty of up.to $5,000.00 per day for each day of a continuing violation. A penalty may be assessed for violations committed prior to your -receipt of this Notice. A penalty will be assessed for violations committed after receipt of this Notice. Should you fail to comply with the terms of this Notice within the prescribed time frames, additional enforcement action will be taken. Such action may result in the issuance of an injunction or the imposition of a criminal penalty. CERTIFIED MAIL Louland, LLC ATTN: Mr. Bobby Armstrong, Agent June 16, 2006 Page 3 The responsibility for understanding and complying with the requirements of the Act rests upon the individuals and firms who are subject to its requirements. A copy of the Act and the Administrative Rules are enclosed for your information. .The subject sit&will not be considered in compliance with the Act until you have obtained a valid mining permit and/or satisfactorily completed the required reclamation work. Please do not hesitate to contact either Gary A. Novak or me regarding any questions you may have on this matter. Sincerely, 7-/-, */ G s Patrick H. McClain, PE Regional Engineer PHM:gan enclosures: Mine Inspection Report cc: Mr. Floyd R. Williams, C.P.G., P.G., C.P.E.S.C., State Mining Specialist North CarWa Department of Environment andWatural Resources, Division of Land Resources, Land Quality Section (UNPERMITTED MINE) 1. OPERATOR Lou 16— L L C2. COUNTY �� ► 4. LOCATION:. y In M � r�� U a CT f- t I �`� L i s r r .4-1 '4 S RI zip ► nn t�<<t_I, -'IA q�l �, i. C �0 5. PERSON(S) CONTACTED AT SITE: N Q a n L ©l, 6. TYPE INSPECTION: . IJ A. Initial Inspection 1. Size of affected land l}i q� '�, 1� / ac. {attach 2. How was this area measured? PG.tie_ Measured I B. Follow-up Inspection 1. Date of last inspection S_ 1 21 3. CASE # ),r. I_ r" JUN 2 V 2806 yap) 1 2. Any mining sincethat date? m Yes m No If yes, cite evidence of such mining activity M, , 4 c. J _ ". -r• 4 _%-_ q�@LA13:1 c , 7. Pictures taken? o Yes ❑ No Taken by: T 0 Y vjt� 8. Was mine operating at time of inspection? ❑ Yes ® No If yes, explain. 9. Is there any off -site damage? A. ❑ Yes B. ❑ No C. 0 None observed If A, describe the type and severity of the damage: If B or C, is there potential for offsite damage? [o Yes ❑ jNo Explain '�3 GC 1 � �'l i , � ` h �.+-.�T V V- l` i" t� r r t.. � C. \ 1 1 i 1 c. � 1 c c�. e- 1 n .1i i A r {, li (,. L L.�. ►"]{ r I � •c c r , 10. CorrectEiv le measures needed and/or taken: CL. r rt e- o r i.3.a . s• , j a =L )l _ f c. �, I,k , , , I f t- r 1'1 % . 9 , Lh r� . h . T' l )e e r . '.) L r c\ S•- r , � 4 I 1 •l , C. •7 a 4. � 1 .4 1 — — 12. No. of additional pages of Inspection Report _Z 13.Copy of Report sent to operator 6 /& / 0(, INSPECTED BY: -c Ct + 1' r-, r -c- DATE � I I 0 G White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 LAND QUALITY SECTION � i PRbJECT: L UU lG k c � G h 2 }fd( UG pr{-C Page 2 of 2 �auwdo �,nGf S afro r fVrr+ A Acc�.SKJ Y52b4 C3 + 1 Tr j} n y';ler i it o Co any 9or. � 5�pjoh INSPECTED BY: ') DATE: `L r