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HomeMy WebLinkAbout08-24_1_RedactedJune 25, 2010 MEMORANDUM TO: File FROM: Brenda M. Harris, Secre 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 D. Simons, PG, PE Director and State Geologist June 25, 2010 Mr. Jonathan Proctor Barnhill Contracting Company PO Box 1529 Tarboro, North Carolina 27886 RE: Davenport Pit Bertie County - Roanoke River Basin Dear Mr. Proctor: Beverly Eaves Perdue, Governor Dee Freeman, Secretary The application for a mining permit for the above referenced mine site has been found to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As your company already has a blanket bond sufficient to cover this application, I am enclosing the mining permit. The conditions of Mining Permit No. 08-24 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 June 25, 2020. 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 deplartment of the State of North Carolina. As a reminder, your permitted acreage at this site is 28.75 acres and the amount of land you are approved to disturb is 28.25 acres. Please review the permit and notify this office at (919) 733-4574 of any objection or questions concerning the terms of the permit. R Si erely, racytEavis, PE, CPM Chief Engineer Land Quality Section TEDIjw Enclosures cc: Mr. Pat McClain, PE Ms. Shannon Deaton -WRC, wlenclosures Mr. Bradley Bennett-DWQ, wlenclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures US Fish pnr Wildlife Service 16 2 Mail Service enter, Raleigh, North Carolina 27699-1612 - Telephone 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Intemet:http:IMNww.dlr,enr. state. nc.uslpagesAandqualitysection.html 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: Barnhill Contracting Company Davenport Pit Bertie County - Permit No. 08-24 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: June 25. 2020 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 s"N be effective from the date of its issuance until June 25, 2020. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 20 foot undisturbed) shall be maintained between any affected land and any adjoining waierway 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 or into the approved sediment and erosion control measures. C. No dewatering activities shall occur at this site. D. 'Mining activities, including installation and maintenance of associated erosion and sedimentation control measures, shall be conducted as indicated on the mine maps dated May 24, 2010 and the supplemental information received by the Land Quality Section on April 8, 2010'and May 25, 2010, with the stipulation that the silt fence and associated silt fence outlets be installed and maintained outside of the undisturbed buffer on the northern end of the mine site (along the affected area limits). 5. All permit boundaries (28.75 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. Page 4 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. A. Sufficient buffer shall be maintained between any excavation and any mining permit boundary to protect adjacent property. B. Buffers shall be maintained as indicated on the mine maps dated May 24, 2010. 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: Page 5 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00 blanket 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 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 pursuan4 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 10D. 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 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 f August 1- October 25 Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye (grain- temporary) 120 Soil Arbendments Lime - 2000 lbslacre 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 25th day of June, 2010. By: 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 Barnhill Contracting Company to conduct mining activities off SR 1522 (Davenport Road) in Bertie County. The mining permit (no. 08-24) was issued on June 25, 2010, North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 15OB-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA, a petition for a contested case must be filed in the Office of Administrative Hearings within sixty (60) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 15013-23. 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. , Ao� ames imons Directo ` Division of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on iD d Brenda Harris Mining Program Secretary -.NOTES Davenport Hart mad may be relocated or adjusted by Barnhdt Contracting Company as necessary to fit site conditions. Barnhill Contracting CorupwW shall Main a miauimum of 2S tmexcavated buffer tretween the 0 bmaidary aad the eastern property line. There will be a 2W undkkffbed buff r on the northern boundary at the existing duck pond. Barnhill Cmtcactmg Company will not be excavating below the walat d& and no de -watering shalt be needed. Temporary Sediment Trap (Bask I) Basin I: Based on the rational hrrrnnla Q=CTAwith C (nmoffcoefficient) 0.3, I (peak runoff rate 25 yea; storm event) 9.48 iHr Washington area 25yr, and A. (acreage disturbed 9 am "3*9.48*9, "-60cf% AsrA=435*25. A—11136_0s4A This iq!Neates that the sediment basin will need to be 026ac, which at a rummum depth of aft will have skxW of 3712 Wdkftubcd acre The rid storage is 3,600 cV dism� acre Basin sqnwe footage will be reed as a sin of 44 x88'. The wen invert height basin dq&-- 3fi Tice weir m yert tength = L= Q/(2.5{W i _5, why ff-- QS_ ;-25 60_891=23-QS!& says,='29ft. _ - -- - - - - The basin shalt be locakd mmh OW arty wata AA matte tawar& the basic. Temporary &vemon ditches are shown to dirt any excess water shed toward the baste. The tmVerary diversion ditches will be adjusted as needed during the excavation operation. Topsoil will be stripped and skcWesd along, with underc;Ww s€ril hauled fi-oin the gobeft around the perimeter ofthe pit boundary, shaped to fD= carthca bennss and seeded directly after construction to contain any runoff - Area 1 will be excavated c omplctety before excavabort in Area 2 starts- As excavatwn w Area 2 shuts, t perrary diversion ditches will divert shed water to Area 1, where A will act as a sediment basin until excavation corrmwxm There is 1,092 LF of silt fence shown aloomg &c norOmm side of the pit boundary along with silt fence outlets. Them will be a construction enlrance (5ffx4(Y) to sgeraie the proposed haul road from the end of the ate maintained read. Diversion ditches with silt dkeck dams along tiro 95V road entering the pit will divert water into the pit are& All erosion control measures will be perfume in accordance with the details illy The slope on the proposed ex "anon area will be ell to a 3:1 on the boundaries of the pit_ This slope shalt be stained during construction and post construction ofihe piL Reference is made to the borrow pit cross section illustrated above. The cidsting structure tocated 4-/- 26(r from the Smhwestem earner of the pit is owned by the landowtux of the pit and will not be affected by mining opmaii. The pond area shown on do site plan will be dug tmt alter all cxcavation has betm comptekd at the gequtst of the own Maberial from this excavation will be placed in tim new pit area- No dewateri g will take place durnig 11tis excavatw& The topsoil beau will be compkftd as excavation progresses_ It will be seeded within 2 weAs following its coroction. -a cross s�c�a r�s am M �aimYm0ft axm&L qa xrffolp� sue.. UW a s s ac s MW rat smmar t i� Y z� �r ra—wife `}i LL`1rlwC6bLS � Sr —^� 5 rT MSfm SKY! \Y IM t5 %7 yax.eiY x.-.[k seal x .SKs 4 _ A� ayEir rx.art. ,4i y ri rs Wl M:avam __ -�� way •.sn �;,. ax n ri .a. ax a q jsu T' _—__.---'�—•y rsr gyp$$ StGTtQti rave � m�. �sile 1�'w�� !nv Cef f ¢i.aM' L rffi r.tE V+t s.w yy,,.fe pIF*il. P r1R S.TSiF3�Jr! ati•. TOM FABAC -!!'Ire:.. y °�: Ra'i ►AS sru..� TS[ [1e�'.,/F..T ♦fff aLL n6nff0FII .arcs naa� � 5aa.,m+ fur .m �rwsE€�.w trot r,fk ewr rtmlEtr fs€rx [aaF€ac'naf rAv SEMMENT TRAP [OUTLET DETALI �. F—�-.n �----� � E� � fwn rosin sarrf+ f + f EL J/ - I� _j u z �` i IYF Y(fllf A QID.R OF iY ubt rnwf n.xtc � �.n� t a aA' ss .®s en r.tret � � r u siw rnai T -h4 ia.Yc n Permitted Ac[,---es: 2825 Road. 1.7 Mi Haul Road Shown on Sheet 2 LE DETAIL � r LL rwsY®.c e+. t7 k :1Ywu MRycs'c i�waw�� fly �m ao mr saaar .nee ;ems _..� Anicare s' €rs ast T:iiL[ il.}>f3R. ftTa FEW >E1/1 Uf YC Ei i3� i-s_T tD�E r� rlx� Qrr� � Seeding Schedule Marchl-August 31 Sept+ember 1- February 28 759 Tall. Fescue 75#'rall Fescue 259 Bermuda (hulled) 359 B-ermuda (unhulled 500# Fertilizer 5(00# Fertilizer 4000# Limestone 40Q(1 Limestone Tad► Sad Be m ross--Section A Borrow Pt Ckass Section (iM) Cross —Section B Top Srn7 B� WaKkw b*TC Ir -orwake17 (=tmmiume af" excavation) Paad Area Cross Section (NTS) Top Sail Rcrrn Top Soil Bch CATFrZnr`F tailings/Sediment Poncls AFFECTED ACREAGE 0 i O Stockpiles Wastepiies 0 Processing Areafflaul Roads 9.11 Dine Excavation 17.64 Other_ Topsoil Berms 1.51 TOTAL. 28.25 PLM AS,. SILT FE3'� ■■■■ as as an a i■ Le gam d 0 Grain Bin Q Bolding/She i to r Supply Vett_ —Overhead Pc)wser Lines 4% Temporary Uwer sinan Ditch Proposed Cain F ibser Baffles Proposed :NLt: Fmerrce Me Silt Fence.�sn�-t: - - o--- ---Sitt Fence Tnp--nil Perm 2,790' x 2Q' S' tAprnx Basin 1--44'x88'x3' = Temporary Rock Sil-t Che ct( Type "A' BARNIHILL CONTRACTING ■ COMPA?4Y 2311 NORTH N€AIN 5-TREET, P.O. BOX 1528 TARBORO, NO RAH CAROLINA 27886 OWNER: Joe B. Davenpo rl, III & Joanne D. Cushing COUNTY: Bertie SCALE: 1 " _ 1 00' DATE: May 24, 2010 DRAWN BY: Jonathan Pr©c kor SHEET NO. 1 OF 2 Cedar Landing Rd. Davenport Rd. Gated Entrance (Permit Boundary) Overhead Power Lines Z,/ Notes 1 . Haul Road is Approximately 1.7 miles long from the proposed road entering the pit /. The haul the intersection of the State maintained road. will be 40' in width. 3. Silt Fence will be installed on each side of the haul road at the location of the existing culvert to prevent sediment from entering the existing drainage ditch. Exisbng Culvert Eyist rig Farm Read to Be Used As Haul Read pp- " 0OUndary Proposed Haul Road Entering Pit As Shown on Sheet 1 p Permit Boundary ermit BoUndarY Wehner, Judy From: Jonathan Proctor Uproctor@barnhillcontracting.com] Sent: Monday, June 21, 2010 10:26 AM To: Wehner, Judy Subject: Davenport Mine Judy, As we discussed on the phone, please update our mine map to include 28.75 permitted acres instead of 28.25 acres. The undisturbed buffer will account for 0.5 acres of unaffected acreage and the silt fence will be placed at the affected acreage limits. Thanks Jonathan D. Proctor Barnhill Contracting Co. (252) 824-8287 - Office (252) 823-0137 - Fax 2311 N. Main Street Tarboro, NC 27886 1 Wehner, Judy From: Novak, Gary Sent: Thursday, June 17, 2010 11:15 AM To: Wehner, Judy Cc: Pare, Eric Subject: Davenport Mine, Barnhill Contracting Attachments: Gary A Novak.vcf Judy, I have a comment to add to the above proposed mine: The proposed sift fence (mechanical barrier) installation along the proposed northern permit boundary is located in the undisturbed buffer. Recommend it be moved back from inside the undisturbed buffer. If you have any questions please call. "Gary A tiavaic ; •, a , � ih1C�Di=pari iient of Environment ar d hiatural Re:. En{� rvnme>,tal Senor Speaal�st' 'i Z82 9�6 6a81`ext,. 38ti0 ��+ork' g Y,'>lovak`ancdenr go North. Carolina Degtarti ient.of Environmesit & 943-t^lashtngtoil 5quarevafl Washington, North CAolina 27889 t 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 ��^n:T+�v'i�+"--fti^�` ,. ..,..... .... ...:.... - -.v � _.... .. p,�+w,w_ „�,ra.,,,,,,�,�-�.,,..,.,.�-,r ---^•--w..,..a�..+.+'w..-+...^�n.�+�'w -�-^'^-ems^ - _ _ -� ... _ . MINING CHECKL15T FOR fOUTING Applicant's Name- —1o'M 0) { ' 0,11 "r ,c5 Project Name: ApplicJPermit No.: County: , L Date Received: a /0 Reviewer. A� River Basin Name: _Emj�t/C4--- �ew [I Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside pern)lt boundaries) 0 Transfer ❑ Release 0 Partial Release eAdditional Information 0 Fee Needed: $ 0 Fee Received: $ sac. ro c entim avdlication package to: knt 4r4 Regional office (2 complete copies; attach the "LQ5 Regional Office Mining Application Review Checklist" to one copy and attach hZh the DWQ and DAQ "Mining Application Review Form" to the other copy, send both copies to the Regional Engineer) Date: Routa Reed �.�. 0 Division of Water Resources Date: Routed Reed . ❑ NC Wildlife Resources Commission Date: Routed w Reed „�.. ❑ US Fish & Wildlife Service Date: Routed Reed (Only new appiications and modification requests that add land to the permit) Please roue first 3 ;ages of the a_,,, ppl�tion and any loaggj2n�5 to: -V- ❑ Division of Parks & Recreation Date: Routed Reed J NC Geological Survey Section Date: Routed Reed (only new applications and modification requests that add land to the permit) ❑ Division of archives & History Date: Routed Reed (only new applications) ❑ other. Date: Routed Reed. **5u5penSe Date for Comments: 4 119 10 (no later than 25 days from receipt) 0 Please note the following: r1 ■ BARNHILL CONTRACTING COMPANY 231 1 North Main Street PO Box 1529 Tarboro, North Carolina 27896 252-823-1021 Fax:252-823-0137 www.barnhilkontracting.com May 24, 2010 Ms. Judy Wehner NC DENR—Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Re: Mining Permit Application Davenport Property Bertie County, N.C. Dear Ms. Wehner: REW D MAY 2 5 ?nln .ANDQ WrrysECTjpN In response to your letter dated May 5, 2010, I am respectfully submitting the additional information requested for the completion of the Davenport Pit Mining Application. I have enclosed copies of the return receipts from certified mail confirming that the adjoining landowners and county manager have been properly notified. I have also enclosed an updated site map which includes the locations of all structures, supply wells, the buried fuel tank, and utilities adjacent to the proposed permitted area. As noted on the site map, the topsoil berms shall be completed as excavation progresses and seeded within 2 weeks of their completion. A construction detail for Basin #1 is also included on the map, along with erosion control measures for the existing culvert on the haul road. Should you require any additional information, please do not hesitate to contact us. Yours very truly, BARNHILL CONTRACTING COMPANY 4-4,1Z -�� Jonathan Proctor Estimator/Project Manager Enclosures M Cr '4� CO a- - Postage $ m 17=1 Callifled Fee Postmark ru CM Fl,t,,M A&Culpl Fee (Ervdorsement Required) Here M C:j Restlicle3d Detivery. Fee (Ertdorsertnertl Required) M Lr) T0181 Postage & Fees 1 $ r-3 M 1' 0 Ward FamilY,---LLC . ..................... ro. C3 ....... ------------- Apt, W-0 1 e 7.3. 16 Heimsda .... R o ad c3 , .............. . .. ... - .. . .... ........................... - . . the sda, MD 20817__. • 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 mallpiece, or on the front If space permits. 1. Article Addressed to: Thomas Scott Gillam, Jr. 58 Stuyvesant Road AsbeVille, N.C. 28803 ■ - id postage M r=t O.rwled Fee postmark Here Rj Return Receipt Fee 11 M (Endorsement Required] C:3 0 Res!Gcjftd Derweq Fee C3 (Endorsement Required) Lr) TO-,aI Postage a FeO, =CO ............... ------------------------ r3I treat. 530 ........... -- -------- EM Dr po aox No. P-O-BOX ..................... r- . nds - o r N-C. 27983 A- X 0 Agem 0 Addressee B. Received by (PjUAW AWF� C. Date of Delivery D. Is delivery address differl—ftfirp-%Pern I? C) Yes If YES, enter del[v ZQ.-. C3 No a. Service Type Ucertmed Mail 0 Lrc t- Mail 0 Registered 0 Retum Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 13 Yes 2. Article Number 7008 0150 0002 1398 8 95 4 (Transfer from semko label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-Wl5C USPS - Track & Confirm Page t of 1 As LINITEDST13TES Home I Help POSTAL SERVICE,: sign In 'p Track $ Confirm FAgs Track & Confirm Search Results Label/Receipt Number: 7008 0150 0002 1398 8947 Service(s): Certified Mail'" Status: Delivered Your item was delivered at 9:03 AM on April 8, 2010 in WINDSOR, NC 27983. Track & Confirm Enter Label/Receipt Number. Detailed Results: • Delivered, April 08, 2010, 9:03 am, WINDSOR, NC 27983 • Arrival at Unit, April 07, 2010, 8:09 am, WINDSOR, NC 27983 Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Go > ite Me Customer Service Forms Gov't Services Careers Copyright© 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOI Privacy Policy Terms of Use Business Customer Gateway http://trkcnfrm I.smi.usps.com/PTSIntemetWeb/InterLabellnquirv.do 5/24/2010 USPS - Track & Confirm • Page 1 of 1 AGUNITEDSWES dome I Help I POSTAL SERVICE sign In NEW Track 8 Confirm FAQs Track & Confirm Search Results Label/Receipt Number: 7008 0150 0002 1398 8930 Service(s): Certified Mail TM Status: Delivered Your item was delivered at 7:50 AM on May 17, 2010 in TARBORO, NC 27886. Traci: & Confirm ~ Enter LabeUReceipt Number. Detailed Results: • Delivered, May 17, 2010, 7:50 am, TARBORO, NC 27886 • Unclaimed, April 28, 2010, 11:47 am, BETHESDA, MD • Notice Left, April 08, 2010, 4:09 pm, BETHESDA, MD 20817 Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Go > > Site Map Custorrier Se ice FormsGov't Services Careers CopyrightQ 2010 USPS. All Rights Reserved. No FEAR Act EEC Data FCIA Go > Pdvacv Policy Terms of Use Business Customer Gateway Is V http://trkcnfrm l.smi.usps.com/PTSlntemetWeb/InterLabe]Inquiry.do 5/24/2010 • Wehner, Judy From: Novak, Gary Sent: Thursday, May 20, 2010 4:05 PM To: Wehner, Judy Subject: Davenport Pit Barnhill Contracting Attachments: Gary A Novak.vcf; DAQcom ments Dave portM i neBarn hill.jpg Judy, Comments from DACL finally. Must have fallen through the cracks. Sorry it took so long, ;Gary�A:;Fiavak NC Department of Environetent'and NaWral,Re.. Eri%Aronmental Senior Specialist -9 %_6-$1'ext. 3860 Mork gary: noyakLtncdenr. go•: Narth Carolina Deptartment:of Environnleni`' 943 Washington Sgwre; all ';IasftngtDn, Narth-Carolina 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 A., Ch MINING PERMIT APPLICATION REVIEW FORM For :he DIVISION OF AIR QUALI Y Prcjec /NumArQIOILPA164),Counr,�: t "Oue Date for Comments sack to Land Quality Section: r,AIiff :he operaticrt, as r#csed, violate szanc:ares oe air :aii�r% Ey'y - C„rr.ments. YES NO ,fir --errnit-ecuired Air ,ermit existing j �� (Gor�;3rr r other Comments, Reviewed by: � t✓' � Date: prirti Name: E Canuar �' �cs Rev+awer. , U L Beverly Eaves Perdue, Governor Linda A. Carlisle, Seeretary Jeffrey J. Crow, Deputy Secretary May 3, 2010 MEMORANDUM TO: Brenda Harris Land Quality Section Division of Land Resources, NCDENR FROM: Peter Sandbeck "%�r P.�l rVL North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeck, Administrator Office of Archives and History Division of Historical Resources David Broak, Director RECEIVED MAY 0 5 2010 LAND QUALITY MINING PROGRAM SUBJECT: Application for Mining Permit, Barnhill Contracting Company, Davenport Pit, Bertie County, ER 10-0683 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. We have determined that the project will not adversely affect the Jordan House, a National Register -listed property. 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. Lacatioa: 109 Fast Jones Street, Raleigh NC 27601 MaWn Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 `' • AGoA 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 May 5, 2010 Certified Mail Return Receipt Requested r 7008 1300 0000 1124 0339 Mr. Jonathan Proctor Barnhill Contracting Company PO Box 1529 Tarboro, North Carolina 27886 RE: Davenport Pit Bertie County Roanoke River Basin Dear Mr. Proctor: Beverly Eaves Perdue, Governor Dee Freeman, 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: Provide proof, such as signed copies of the signed return receipts from certified mail, that the adjoining landowners and county manager have been properly notified. 2. Revise the mine map to show all buildings adjacent to the proposed permit boundary, including residences. Show the location of the buried fuel tank. Show all water supply wells within 500 feet of the proposed mine excavation area. Provide the location of all utilities including power lines on the mine map. 3. Provide erosion and sediment control measures for the existing culverts in the access road. Provide a construction detail for the proposed Basin #1'. Provide a revegetation time frame for establishing vegetation on the soil berms located around the mine excavation. 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 •919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opponunily 1 Affirmative Action Employer - 50% Recycled L 10% Post Consumer Paper Certified Mail Mr. Proctor 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 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. 4dincerely, th A. Wehner Assistant State Mining Specialist Land Quality Section cc: Mr. Pat McClain, PE :i Beverly Eaves Perdue Governor MEMORANDUM A7,h NCDE�IR North Carolina Department of Environment and Natural Resources Division of Marine Fisheries Dr. Louis B. Daniel III Director TO: Kevin Hart Habitat Alteration Permit Reviewer Division of Marine Fisheries, Washington Regional Office FROM: Anne Deaton, Chief Habitat Protection Section Division of Marine Fisheries SUBJECT: Mining Permit Application APPLICANT: Barnhill Contracting Co. Davenport It PROJ. LOCATION: Bertie County DUE DATE: May 03, 2010 Dee Freeman Secretary (DECEIVED MAY 0 4 2010 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. 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: DATE: �01� 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 Phone: 252-808-80661 FAX: 252-727-51271 Internet: www.ncdmf.net An Equal Opportunity 1 Affirmative Action Employer Noi-thCa-rolina Naturally 1 i1 • A 7*,A mdah6lidemomidm� 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 April 12, 2010 MEMORANDUM TO: Ms. Anne Deaton Habitat Protection Section Division of Marine Fisheries FROM: Brenda M. Harri &�—A Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Barnhill Contracting Co. Davenport Pit Bertie County MR 15 �010 ID - HABITAT PROTECTION Beverly Eaves Perdue, Governor Dee Freeman, Secretary Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by May 3, 2010 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. RECEIVED /bmh cc: Mr. Pat McClain MAY 0 4 2010 LAND QUALITY MINING PROGRAM 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 • 0 Wehner, Judy From: Novak, Gary Sent: Tuesday, May 04, 2010 9,34 AM To: Wehner, Judy Cc: Mcclain, Pat; Pare, Eric Subject: Davenport Pit, Barnhill Contracting, P# 08-24 Attachments: Gary A Novak.vcf; comments08-24DavenportMineBertie.doc; DWQcommentDavenportPitBarnhiII08-24.jpg Judy, Please find attached our comments for the above mine permit application. Please contact me if you have any questions, ii81' i�G. =i E I N� Depai tment of Environn�er�tand:Natui of l:te ;', En �ironfii tal,5enior 5peaalisf 4`r { `,232.946=64Sl-t.'336iis w �c ry:ndv6k,;4nCdenr.gRv North Carolina Deptartment'of.Environment'&'... 943'Y'Iashingtor Square,Nlail u'iashington,,North Carolina 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 1 0 • DIVISION OF LAND RESOURCES LAND QUALITY SECTION May 4, 2010 MEMORANDUM TO: Judy Wehner Assistant State Mining Specialist THROUGH: Pat McClain, RE FROM: Gary Novak, Eric Pare Washington Regional Office RE: Barnhill Contracting Co./Davenport Pit Permit Application Permit No. 08-24 Bertie County Roanoke River Basin A site visit was conducted on April 20, 2010. The current land use is agricultural. A constructed wetland/existing duck pond was observed along the northern proposed perimeter of the mine permit boundary. Map: QAll buildings are not clearly shown adjacent to the proposed mine permit. Only a single structure is shown. At least 3-4 buildings were observed. Show the buried fuel tank that is located near the haul road. All wells have not been shown on the map. At least two wells are located within 200 feet of the proposed mine. An occupied structure is located within 50 — 100 feet of the proposed mine permit. The vicinity map is not easy to read. Roads to the mine area are not clearly identified. Provide a better vicinity map. 5. Show all above and below ground utilities. Overhead power lines and phone cable boxes were observed near the proposed permit area. 6. Provide an erosion and sediment control plan for the haul road. Road culvert crossings are critical areas.. 7. ✓ A sediment basin is planned for the northwest corner of the proposed mine. A detail for the structure has not been provided, Need a detail for the basin and weir. What does the pond area mean? An existing pond was not serve0 in the area shown on e 64-Olf, Application: 1. Pg6- C-1,C. Add establish groundcover on the prop a be�ctrrm 'prevent erosion. Wind erosion will be a significant problem in the area. �2 Pg.9 c-7 All structures are not shown, (commercial or Ag.) on the map. The residential structure has a well and leach field connected to the structure. Pg 13 A revegetation plan has not been provided and approved by appropriate Agricultural professional, agent or any other listed on page 13 paragraph D#7. A seeding plan on the map is taken from a Sediment Plan and is not provided in the application document. He cif e MINING PERMIT APPLICATIONREVIEW FORM �J ;S o 5'3 4 45.9 3' or the vJ 7to-0 S'S ©S • 3'1- IDIVISION OF WATER QUALITY IR Ov, projec:lNurnder: Zounry. "cue Date for Camment� Back io .Land Quality Section: " 2Y- o � Will She operation, as proposed, violate standards of water quality? Comments: riji, co c e- d C.dlr,r�e C'< a _.f4C.r-, O-Z T)Pf"tY1 : .a3 ► 1'1. v_ IC!' d o 'S Per M . c�,n 4- A A,VatershedlStt*eam ame Classification: w r `!ES �it"1C e flt:r -I ir'E! 0E3 oerTn exis *ktnc Nondischarge pe „ it required Nondischarge permit existing Wetlands disturbed 401 Wetland Cem required W►7.1 .C�1. 01 (Permit I {Perini; T ) 401 Wetland Cert. e,xisting (Permit Peviwed by ©ate Print Name: Isr_"C Cantril N C, __ LAAM1:5 2010 ka ri •7 • I=��Y� NCDENR North Carolina Department of Environment and Natural ;p, p Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist April 12, 2010 MEMORANDUM TO: Ms. Maria Tripp Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris evcm— Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Barnhill Contracting Co. Davenport Pit Bertie County FE-CEIVEO APR 2 -3 2013 SECTION Beverly Eaves Perdue, Govemor Dee Freeman, Secretary " APR 2010 RECEIVED 14611W CwWW"bw f w= 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 May 3, 2010 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 (919) 733-4574 if you have any questions. Ibmh N,) Crmw\pd �7�ufiV\ Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699.1612 •919-733-45741 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 0 Log In #: DPR/RRS Mining Permit Application Review RRS Contact:F•-- Name of project: (5N� , •/1r k-V_AJ , 144f.k& O County: 08E Proposed activity is V is not within 5 miles of a public park or recreation area. If yes, identify the park: f.A6f-CL+0C_ Pat-(( Manager/agency name: (contact name): �°I _�gq — L(3-}D (phone; fax): !' �I 1 0 V a r(' 1M c,L1A e Ma A' , C d" Y1 C (e-mail): Review conducted by: Date: PLEASE RETURN APPLICATION MATERIALS WITH YOUR REVIEW/COMMENTS. YOU CAN ALSO E-MAIL YOUR COMMENTS TO: AdrienneXuehnia(a)ncmaii.net THANKS! Return form and materials to: Adrienne Kuchnia DENR/Division of Parks & Recreation 1615 MSC Raleigh, NC 27699-1615 (Please Print on COLOR Paper) RECEIVE OR 2 9 2010 LAND QUALITY MINING PROGRAM i� 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 April 12, 2010 MEMORANDUM TO: Mr. Lewis Ledford, Director Division of Parks and Recreation FROM: Brenda M. Harris Rpizlk Mining Program Secre ary Land Quality Section SUBJECT: Mining Permit Application for Barnhill Contracting Co. Davenport Pit Bertie County 1 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 May 3, 2010 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 / Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Pat McClain RECEIVE - APR APR 2 9 2010 LAND QUALITY MINING PROGRAM 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 Beverly Eaves Perdue Governor . MEMORANDUM NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Thomas A. Reeder Director April 26, 2010 TO: Judy Wehner Land Quality Section FROM: Paul Williams Ground Water Management Section Division of Water Resources SUBJECT: Comments on the Mining Permit Application Request for: Barnhill Contracting Davenport Pit Bertie County Dee Freeman Secretary RECEIVED APR 2 G 2010 LAND QUALITY MINING PROGRAM Please find attached a copy of the mining permit application request for the above referenced project. The Davenport Pit located in Bertie County does,not appear to have an unduly adverse effect on ground water supplies since there is no dewatering proposed on site. If it becomes necessary to begin pumping water from the mine to stabilize mining activities, the Division of Water Resources would like to be contacted so that it may further investigate any potential effects on potable ground water supplies. Facilities not in the fifteen county Central Coastal Plain Capacity Use Area are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.22H. This statue requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register and update withdrawals. This statue also requires transfers of 100,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water transfers. Water withdrawal registrants must complete the annual water use reporting form by AApril_I for the previous year. If you have further questions please contact the Division of Water Resources at (9I9) 733-4064 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. 1511 Mail Service Center, Raleigh, North Carolina 27699-1611 Phone: 919-733-4064 1 FAX: 919.733-3558 Internet: www.ncwater.org An Fnual Onnnrtunity %Affirmative Action Emnlnvar— 50% Recvcfed 110% Past Consumer Parr NorthCarolina Naturally 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 April 12, 2010 MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Sec Land Quality Section Resources SUBJECT: Mining Permit Application for Barnhill Contracting Co. Davenport Pit Bertie County Beverly Eaves Perdue, Governor Dee Freeman, Secretary Mine Dewatering Proposed ® No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit 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 May 3, 2010 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 (919) 733-4574 if you have any questions. /bmh Attachments APR 13 2010 cc: Mr. Pat McClain WM OF IR 79 RtrMCH 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 1 919-733-4574 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 -...,.�.....u..wn�j�..:,-+r+'+i9Rk.i�;arvi�:,:r9Pr"v'+�wti^7'w-r,R-+:vr��x�rw�..cww.V•we..a..r+'+'si'r'�„kw,�y�.%:..M;,,e►t.:�r..,r'i+'�,t,�..�"'sf4:IwLri�."+.�...i�.r • • MINING CHECKLIST FOR ROUTING Ayylt�ri'S Nutt: a'1 f ` Y/i /h Pmjed Nam: 40 /Il t Y" Apylk. /Pernrtt No.: 0 County: 1C Refter: 9A 4 J,� New ❑ Renewal ❑ m docem (outsfdtyernttt 60L&rtaS) ❑ Partial R&OC ❑ Additional Pormation Date Rtettgk' River Bash[ Name; em::toL ❑ Madiffcaffon (Ndkyermft 6a47tes) ❑ Tram far ❑ luzse ❑ Fee Needed: $ Fee Rtcetvcd: $ Plt c route entire 4RIVAUM a f0: r (z camylctc Wyly-,, attach the W x0W Opa Ml dV A)T Review CheCU' to M off ohffgh both DW DAQ"M AyyltcaUo RMM Fmtll• to the Other Wy}; lend bath WyW to till Rg[Oftal E) — Dgk: ROW 4 Ja- It Rli ," DtvlstOn of Water RtWu= Date: Round Rfed ',k�l NC Wlll� RGfO[ mu CmmU tOH DRtt: ROW Roid uS Fa &,Wildlife SerYta Date: RORted Rj d (only ww ayyltceaum gad m dtf cadfm " that add Lo d to thlycrndt) Please Wit fuse 3 Lfi&ff Of the afl%atiott and anI beat Wraps t0: r DfVtsfN 0f Parks & Recmati0n Date: RNuted a G Rtrd NC Geolog od Surmy Section Date: Routed Red Dtdtm[ Of mA the Ftskertrs Date: Routed Rtcd DtVWA of Soil & Water CNnServaffNn (ybU LEA) Daft: Rmtul Reed �1 (one ► ew aghcaum ad wdytldw rcpr& that add Lard to the rita) /DMM N ATChtveS & HfstOry Daft: RAM 1 D Reed (only new gyi[raum) ❑ other. Date: Routed Reed OSUS�181LiB Duty for COmmBlftS: 5 (w later than zs days f m rteetpt) 89 3q ❑ Please note the fella ir. m �- NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D, Simons, P.G., RE, Director and State Geologist April 12, 2010 MEMORANDUM TO: Ms. Maria Tripp Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Barnhill Contracting Co. Davenport Pit Bertie County Beverly Eaves Perdue, Governor Dee Freeman, Secretary Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by May 3, 2010 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 (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: 919-715-8801 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. Beverly Eaves Perdue, Governor Director and State Geologist April 12, 2010 Dee Freeman, Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology. Group Division of Water Resources FROM: Brenda M. Harris � Mining Program Sec Land Quality Section SUBJECT: Mining Permit Application for Barnhill Contracting Co. Davenport Pit Bertie County Mine Dewatering Proposed ® No Mine Dewatering Proposed 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 May 3, 2010 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 (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: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 r� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist April 12, 2010 MEMORANDUM TO: Mr, Lewis Ledford, Director Division of Parks and Recreation FROM: Brenda M. Harris RRzk Mining Program Secre ary Land Quality Section SUBJECT: Mining Permit Application for Barnhill Contracting Co. Davenport Pit Bertie County Beverly Eaves Perdue, Governor Dee Freeman, Secretary Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly May 3, 2010 so that we may complete our review of this request within our statutory time limits. As is the casein our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on publicly owned parks, forests or recreation areas would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner (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: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 An i WLA 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 April 12, 2010 MEMORANDUM TO: Mr. Peter M. Benjamin Application Review Coordinator U.S. Fish and Wildlife Service FROM: Brenda M. Harr!<8�k Mining Program ary Land Quality Section Resources SUBJECT: Mining Permit Application for Barnhill Contracting Co. Davenport Pit Bertie County Beverly Eaves Perdue, Govemor Dee Freeman, Secretary Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly May 3, 2010 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner (919) 733-4574 if you have any questions. /bmh cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 I FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 AT�A-- 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 April 12, 2010 TO: Ms. Natalie Woolard Application Review Coordinator Division of Soil and Water Conservation FROM: Brenda M. Harri -4��A Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Barnhill Contracting Co. Davenport Pit Bertie County Beverly Eaves Perdue, Governor Dee Freeman, Secretary Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly May 3, 2010 so that we may complete our review of this request within our statutory time limits. . As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner (919) 733-4574 if you have any questions. Ibmh cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 A 7iA 90ENR 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 April 12, 2010 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 Barnhill Contracting Co. Davenport Pit Bertie County Beverly Eaves Perdue, Governor Dee Freeman, Secretary Please find attached for your review a copy of the mining permit application request for the above referenced project. Please find attached for your review a copy of the mining permit 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 (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: 919-715-8801 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. Beverly Eaves Perdue, Governor Director and State Geologist April 12, 2010 Dee Freeman, Secretary MEMORANDUM TO: Ms. Anne Deaton Habitat Protection Section Division of Marine Fisheries FROM: Brenda M. HarriA ��A Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Barnhill Contracting Co. Davenport Pit Bertie 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 May 3, 2010 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 cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 Ulm— vxwacoW� 40 VU i di IgN W" �R MkIEPERENiClEy'' HECK NQ �CGMPAMY, 86811 UIINK,N EW QMp_jj I�V-'RATE`14 Ll- 'AI!-`1- _1OT 't—GROSSIAMOU i'�DISCOUNT�"- 300 04/06/10. ------------ PERMIT -DAVENPORT PIT 5,000.00 '00 5,000.00 - 'v g g w zm M wi. ..... ........ . . L'A R? . ...... . ........ ... i . 01— f-*A L N MW .......... .. ... ..... . ...... . ....... . ... .... ......... ........... . 74 Lill A ..... .. ... ... .. ..... .. ...... ......... .... . F M ww ........... ... . ... .. . ......... �gff ... ....... . ... .... .. .. . . ...... .. ...... . .. ------ ----------- ----------------------- ---------- ------- - L V IT. . .......... ......... sr 7---- lu .............. 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S aY •4f Y___ � td! `4h• _ 'a! \_ !f ..- � •y.,, ».* { �_�' » 676- 59' 0.00" W 1 1 b76- 58' 0.00" W 1 1 676- 57' 0.00" Name: WINDSOR SOUTH Location: 035° 53' 37.7" N 076" 58' 03.5" W Date: 4/8/2010 Scale: 1 inch equals 2000 feet • C71A ■ BARNHILL CONTRACTING COMPANY 231 1 North Main Street PO Box 1529 Tarboro, North Carolina 27886 252.823-1021 Fax:252-823-0137 www.barnhilicontracting.com April 7, 2010 NC DENR—Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 RECEIVED LAND QUALITY SECTION Re: Mining Permit Application Davenport Property Bertie County, N.C. To Whom It May Concern: Please find enclosed Barnhill Contracting Company's Mining Permit Application. We have also enclosed a check for $5,000.00 for the application fee. Should you require any additional information, please do not hesitate to contact us. Yours very truly, BARNHILL CONTRACTING COMPANY 44�o&� Jonathan Proctor Estimator/Project Manager Enclosures '• raw NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 733-4574 Revised: January 30, 2008 • • 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. 0 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 .................................. Review Public Comments; Public Hearing Possible •....•...................... 6.. 0. If "NO", Assistant State Mining Specialist drafts a letter requesting additional information from applicant Additional information from applicant received and routed to/reviewed by Assistant State Mining Specialist and Land Quality Section Regional Office (go to *) Application & proposed permit act 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/Cancellations - Permit Releases - Inactive Renewals - High Airblast Remediation Plans - Non -controversial New Permits - Non -controversial Renewals - Small, Non -controversial Modifications END OF PROCESS If "YES", application & proposed permit action forwarded to and reviewed by Division Director Is application & proposed permit action complete/acceptable?? IIf "YES", the proposed permit action is I issued by the Division Director END 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 *) APPLICATION FOR A MINING PERMIT • NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Davenport Pit County Bertie River Basin Roanoke Latitude (decimal degrees to four places) Longitude (decimal degrees to four places) 2. Name of Applicant* Barnhill Contracting —Company 3. Permanent address for receipt of official mail** PO Box 1529 Tarboro. NC 27886 Telephone 252 823-1021 Alternate No. 4. Mine Office Address PO Box 1529 Tarboro, NC 27886 Telephone (,252) 823-1021 5. Mine Manager Jonathan Proctor 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. //i.I ' /1 X * * * Signaturez4oizAmd"Date Print Name Illen-Barnh'il'] Title Vice President This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond(security) that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. * * * Signature of company officer required. G. S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. APPLICATION FOR A MIARG PERMIT • NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: /� u 0 FON If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that "new permit" fee will be based upon): 28.25 Ac Of this acreage, how much is owned and how much is leased? Acres owned: 0 Acres leased: 28.25 Ac Property owner if leased: If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered y the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): If this is an application for a MODIFICATION to a mining permit, number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: indicate the mining permit 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 (i.e.: disturbed, ground cover removed) by the mining operation? Yes ❑ No ❑ (If no, a "minor modification" fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered 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, Clay, & Other Earthen Materials 3. Mining method: ❑Hydraulic Dredge Dragline & Truck ❑Front-end Loader & Truck ❑ Shovel & Truck Self -loading Scraper Other (explain): Excavator and Trucks 4. a. Expected maximum depth of mine (feet) 12' Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Natural Ground Level b. Expected average depth of mine (feet) 8' -2- APPLICATION FOR A MINVG PERMIT E 5. Has any area(s) at this site been mined in the past? Yes ❑ If yes, when and by whom was this activity conducted? . /1 6. Number of years for which the permit is requested (10 years maximum): 10 Years B. MAPS Clearly mark and label the location of your mining operation on six 6 copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) conies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5'h Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 www.aeoloev.enr.state.ne.us/ County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation — Geographic Information Systems (GIS) Mailing Address: NCDOT GIS Unit 1587 Mail Service Center Raleigh, North Carolina 27699-1587 Physical Address: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919) 212-6000 www.ncdot.orp,/it/gisContact/defauIt.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. 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. -3- APPLICATION FOR A MIA 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 1 inch = 50 feet 50-199 Acres 1 inch = 100 feet 200+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- APPLICATION FOR A MINQG PERMIT • A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds Stockpiles Wastepiles Processing Area/Haul Roads 9.11 Mine Excavation 17.64 Other (Explain) Topsoil Berms 1.5 Total Disturbed Acreage 28.25 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 MINVG PERMIT • C. PROTECTION OF NATURAL RESOURCES Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. A. CONSTRUCT THE HAUL ROAD TO ALLOW ACCESS TO THE SITE. B. INSTALL EROSION CONTROL MEASURES AS AREAS ARE DISTURBED C. STRIP TOPSOIL AND USE IN BERMS AROUND THE EXCAVATION. D. EXCAVATE SAND OR OTHER EARTHEN MATERIALS E. CONSTRUCT PERIMETER SLOPES AS EXCAVATION CONTINUES F. SEED AND STABILIZE SLOPES AND DISTURBED AREAS AS MINING ACTIVITY IS COMPLETED H. ONCE PERMANENT VEGETATION IS ESTABLISHED, REMOVE EROSION CONTROL ITEMS 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. A. STONE CONSTRUCTION ENTRANCE B. SILT FENCE C. SEDIMENT BASINS D. VEGETATED BERMS E. DIVERSION DITCHES 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ❑ No ®. If yes, briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or wastewater from the mine or plant as a point discharge to the waters of the State? Yes ❑ No Z. Ifyes, 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 MINNG PERMIT 0 Will any part of the proposed mine excavation(s) extend below the water table? Yes ® No ❑. If yes, do you intend to dewater the excavation(s)? Yes ❑ No Z. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine map(s) that lie within 500 feet 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. AT THE OWNER'S REQUEST, A SMALL POND WILL BE LEFT AT THE NORTH END OF THE POND. THIS EXCAVATION WILL OCCUR AFTER ALL SAND MINING IS COMPLETE AND NO DEWATERING WILL TAKE PLACE. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No Z. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? WATER WAGONS AND WATER TANKER TRUCKS WILL BE USED TO CONTROL DUST DURING MINING AND HAULING ACTIVITIES. -7- APPLICATION FOR A MIN*G PERMIT 0 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. A 25' UNEXCAVATED BUFFER 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). �In 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to I vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. ALL SLOPES ABOVE THE PERMANENT WATER LEVEL WILL BE SLOPED AT A MINIMUM OF 3 TO I (HORIZONTAL TO VERTICAL). ALL SLOPES WILL BE SEEDED AND MULCHED AS EXCAVATION WITHIN THE AREAS IS COMPLETED. WE 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 of final stabilization. AS NOTED ABOVE, ALL SLOPES WILL BE 3:1 ABOVE THE WATER LEVEL. c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Crass -sections jbr all cut slopes must be provided on the mine map(s). SLOPES WILL BE 3:1 ABOVE THE WATER LEVEL. 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 HARDROCK EXCAVATION EXISTS 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. STRUCTURES THAT ARE ON -SITE ARE OWNED BY THE OWNER OF THE BORROW PIT AND WILL NOT BE AFFECTED BY MINING OPERATIONS. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each type of barricade to be used must be indicated on the mine map(s). ALL SLOPES WILL BE 3:1 AND BERMS ALONG THE PIT EXCAVATION WILL BE MAINTAINED DURING THE MINING OPERATION. THE PIT IS ALSO ON PRIVATE PROPERTY THAT HAS A LOCKED GATE AT THE ENTRANCE. -9- • • APPLICATION FOR A MINING PERMIT 4. Are acid producing minerals or soils present? Yes ❑ No ®. 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 maps) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. THE BORROW PIT IS REMOTE ENOUGH THAT THE PUBLIC WILL NOT NEED TO BE SCREENED FROM THE OPERATION. b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? A. NO, THIS SITE IS REMOTE ENOUGH THAT NOISE LEVELS CREATED BY NORMAL MINING ACTIVITY WILL NOT EFFECT THE SURROUNDINGS. 11. Will explosives be used? Yes ❑ No ®. 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 Z. 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). - to- APPLICATION FOR A MAG PERMIT D. RECLAMATION PLAN l . Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and 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 aspart of the reclamationplan and the location(s) ofallpermanent channels must be indicated on the reclamation map. SEDIMENT BASINS WILL BE REMOVED AND ALL SLOPES WILL BE STABILIZED. THE PROPERTY WILL BE USED FOR FARMING AND/OR HUNTING AS THE OWNER DETERMINES. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ® No ❑. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-section(s) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes ❑ No ®. If yes, specify species. THE LOCATION OF THE POND IS DEPICTED ON THE SITE PLAN AND WILL EXTEND 4' BELOW THE WATER TABLE. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. N/A • 0 APPLICATION FOR A MINING PERMIT 4. Indicate the methods) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations for such areas must be provided on the reclamation map. ALL WASTE OR SPOIL GENERATED BY THE MINING OPERATION WILL BE USED FOR BERMS AND TO BACKFILL AREAS AS THEY ARE EXCAVATED. AS NOTED ABOVE ALL SLOPES WILL BE 2:1 BELOW THE WATER LEVEL AND 3:1 ABOVE THE WATER LEVEL. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. NO PROCESSING AREAS OR STOCKPILES WILL REMAIN AFTER COMPLETION OF THE EXCAVATION. ALL ON -SITE ROADWAYS WILL REMAIN IN PLACE TO PROVIDE ACCESS TO THE PROPERTY FOR THE OWNER'S USE. b. Will any on -site roadways be left as part of the reclamation? Yes ® No ❑. Ifyes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. THESE ROADS ARE CURRENTLY USED AS FARM ACCESS PATHS AND WILL REMAIN SO AFTER MINING IS COMPLETE. 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. BECAUSE OF LIMITED MINING ACTIVITY AT THIS SITE, NO REFUSE WILL BE GENERATED. ALL MACHINERY ASSOCIATED WITH THE MINING ACTIVITY WILL BE REMOVED FROM THE PIT UPON COMPLETION OF THE EXCAVATION. -12- APPLICATION FOR A MAG PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for ear -round seeding, including the time of seeding and the amount and type of seed, fertilizer, 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): 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: Seeding Rates: MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS -- TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Signature _ Print Name Title Agency Date -13- APPLICATION FOR A MIOG PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of S500 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 annroximate 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. _ $ Mine Excavation: Ac. X $ /Ac. _ $ Other: Topsoil Berms Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: Ac. (TOTAL PERMITTED AC.: Ac.) Temporary & Pe_rrnanent 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 Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life (1 to 10 years): INFLATION COST: $ TOTAL COST = SUBTOTAL COST + INFLATION COST = $ Total Reclamation Bond Cost: $ (round down to the nearest $100.00) 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" -1s- • NOTICE • Pursuant to provisions G.S. 74-50(b1) of The Mining Act of 1971, Notice is hereby given that BARNHILL CONTRACTING COMPANY has applied on Apri17, 2010 (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): (X) (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 & EARTHEN MATERIAL on 28.25 acres located 10 (Mineral, Ore) (Number) (Miles) SOUTH of WINDSOR off/near road SR 1522 Davenport Rd (Direction) (Nearest Town) (Number ---Name) in BERTIE County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort to notify all owners of record, both public and private, of all tracts of land that area adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30 day- comment period specified above. A copy of the permit application materials are on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the snecifics of the nronosed mining activity. nlease contact the applicant at the following telephone number: (252) 823-1021 . For 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 or documentation within the provisions of the Minine Act of 1971 throuehout the application review process until a final decision is made on the application. Davenport Gillam Lands, Inc 436 Batchelor Bay Dr. Windsor, NC_27983 (Addressee/Owner of Record's Name & Address) Aprit_7, 2010 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) Contact: Barnhill Contracting Co Attention: Jonathan Proctor (Name of Applicant: Include Contact Person & Company Name, if Applicable) P.O. Box 1529 Tarboro, North Carolina 27886 (Address of Applicant) 16 APPLICATION FOR A MINRG PERMIT AFFIDAVIT OF NOTIFICATION 1, ALLEN BARNHILL , an applicant, or an agent, 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 Enviromnent 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 ]eased 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 MAP FOR ADJOINING LANDOWNERS (Address) ADDRESSES ARE ON ATTACHED MAPS (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) [i.e.: City Manager, County Manager, Mayor, etc.] ZEE LAMB COUNTY MANAGER (Address) PO BOX 530 WINDSOR NC 27983 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 513.0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were cgused to be mihled and jq prgvJoe them to the Department upon request. If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: ALLEN BARNHILL Title of person executing Affidavit VICE PRESIDENT a Notary Public of the County of EDGECOMBE , State of North Carolina, do hereby certify that ALLEN BARNHILL appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my hand and notarial seal, this ---'day of ! 20A. Notary: my Commission expires: -17- • 1. Thomas Scott Gillam, Jr. 58 Stuyvesant Rd Asheville, NC 28803 2. Davenport Gillam Lands, Inc 436 Batchelor Bay Rd Windsor, NC 27983 a 122 62 o 61 82 es � � � 2. Davenport is Adjoining Landowners • 3. Ward Family, LLC 7316 Helmsdale Rd Bethesda, MD 20817 � /7M 72t9 n33 n92 Proposed Site 9 7193 7240 7251 7195 US 1. ` 7,93 APPLICATION FOR A MIN• 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. Z. Joe B. Davenport, III Print Name: Agent For: Joe B. Davenport, III and Joanne D. Cushing (Title, if applicable) Company (If applicable) Address: 436 Batchelor Bay Dr. Windsor, NC 27983 Telephone: (252) 809-3551 Date Signed: 401(61 APPLICAI Signature:* Print Name: ALLEN BARNHILL Title: VICE PRESIDENT Company: BARNHILL CONTRACTING CO Mine Name: DAVENPORT PIT Telephone: (252) 823-1021 Date Signed: �• 6 'Zo fo *Signature must be the same as the individual who signed Page 1 of this application. One original and five (5) codes of the completed application, six (6) conies of and reclamation mal2s, ana the al2l2ropriate nrocessing fee (see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Ouality 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. -18- APPLICATION FOR A MINIl WERMIT • MINING FEE SCHEDULE Anon refundable permit application processing fee when filing for anew mining permit, a major permit modification or a renewal permit is required as follows: 0-25 acres 26+acres New Permit Applications $3,750.00 $59000:00 Permit Modifications $750.00 $15000.00 Permit Renewals $750.00 $1,000.00 Transfers/Minor Modifications* $100.00 $100.00 ' Anon refundable $100.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership transfers, name changes, bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added to a permitted area, outside of the minimum permit buffer zone requirements, where no plans for mining related disturbance of the added lands have been approved. All other changes are considered major permit modifications. Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected by the modification within the permitted mine area, or any additional land that is to be disturbed and added to an existing permitted area, or both, -19- APPLICATION FOR A MININ`ERMIT • There are seven Land Quality Section (LQS) Regional Offices. Use the map below to locate the Regional Office serving your county. Asheville Regional Office • Counties: Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Swain, Transylvania, Yancey • Address: 2090 U.S. Highway 70, Swannanoa, NC 28778 • Voice:828.296.4500 • FAX:828.299.7043 Fayetteville Regional Office • Counties: Anson, Bladen, Cumberland, Harnett, Hoke, Montgomery, Moore, Richmond, Robeson, Sampson, Scotland • Address: 225 Green Street, (Systel Building), Suite 714, Fayetteville, NC 28301-5094 • Voice:910.433.3300 • FAX:910.486.0707 Mooresville Regional Office • Counties: Alexander, Cabarrus, Catawba, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly, Union • Address: 610 East Center Ave., Suite 301, Mooresville, NC 28115 • Voice:704.663.1699 • FAX:704.663.6040 Raleigh Regional Office • Counties: Chatham, Durham, Edgecombe, Franklin, Granville, Halifax, Johnston, Lee, Nash, Northampton, Orange, Person, Vance, Wake, Warren, Wilson • Address: 1628 Mail Service Center, Raleigh, NC 27699-1628 or 3800 Barrett Drive, Raleigh, NC 27609 • Voice:919.791.4200 • FAX:919.571.4718 Washington Regional Office • Counties: Beaufort, Bertie, Camden, Chowan, Craven, Currituck, Dare, Gates, Greene, Hertford, Hyde, Jones, Lenoir, Martin, Pamlico, Pasquotank, Perquimans, Pitt, Tyrrell, Washington, Wayne • Address: 943 Washington Square Mall, Washington, NC 27889 • Voice:252.946.6481 • FAX:252.975.3716 -20- APPLICATION FOR A MININ fOERMIT • LAND QUALITY REGIONAL OFFICES (continued) Wilmington Regional Office • Counties: Brunswick, Carteret, Columbus, Duplin, New Hanover, Onslow, Pender • Address: 127 Cardinal Drive Extension, Wilmington, NC 28405 • Voice:910.796.7215 • FAX:910.350.2018 Winston-Salem Regional Office • Counties: Alamance, Alleghany, Ashe, Caswell, Davidson, Davie, Forsyth, Guilford, Rockingham, Randolph, Stokes, Surry, Watauga, Wilkes, Yadkin • Address: 585 Waughtown Street, Winston-Salem, NC 27107 • Voice:336.771.5000 • FAX:336.771.4631 -21- APPLICATION FOR A MININ&ERMIT Is SCHEDULE OF RECLAMATION COSTS (Based upon ranee 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.piles W.piles P.area/H.R. Mine Excay. SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $500/ac.(L) Borrow 1500(FI) $2000(PD) CS, DS, 500(L) 1800 2000 2000 500(L) FS, MI, 1500(FI) 2500(PD) LI, PF, OL, KY PH 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) CL I000(L) 2500 5000 5000 2000(L) 2500(FI) 3700(PD) PE, AU, 1000(L) 2500 3000 3500 2000(L) TI, OT 2500(FI) 5000(PD) (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM: • FINAL GRADING COSTS PER ACRE + LIME AND FERTILIZER COSTS PER ACRE + YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) + MULCH AND ANCHORING COSTS PER ACRE • ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. -22- General Location Map 0 Proposed Site 2S km I.Omi �,;Yahoo!201 0, Datw,- NAVrEQ2009 Davenport f NOTES Haul road may be relocated or adjusted by Barnhill Contracting Company as necessary to fit site cond.-ions. jnm aintain a mininjuof 25' unexcavated buffer between the pit boundary and the eastern Barnhill Contracting Company shall n j property line. There will be a 20' undisturbed buffer on the northern boundary at the existing duck pond. BarnhillContracting Company will not be excavating below the water table and no de -watering shall be needed, l'. Rock Scdlin, t,w Damn A Basin 1: Based on the rational formula Q=CIA with C (runoff coefficient) 0.3, I (peak runoff rate 25 year storm event) 9,48 in/hr Washington area 25yr, and A (acreage disturbed) 9 ac. Q=0.3*9.48*9, Q=25.60cfs, Asq.ft.=435*25.60cfs, Asq.ft.=11136.0sq"fi. This indicates that the sediment basin will need to be 0.26ac, which at a maximum depth of aft will have storage of 3712 ef/disturbed acre. The required storage is 3,600 cf/ disturbed acre. Basin square footage will be reflected as a size of44'x88'. The weir invert height-- basin depth= aft. The weir invert length = L= Q/(2.5(F1rl.5, where H- 0.5, L=25.60/(2.5)(0,5^I ,5), L= 25.60/0.883= 28.99ft, Say L=29tt The basin shall be located such that any water shall move towards the basin. Temporary diversion ditches are shown to divert any excess water shed toward the basin. The temporary diversion ditches will be adjusted as needed dinning the excavation operation. Topsoil will be stripped and stockpiled along with undercut/waste soil hauled from the jobsite around the perimeter of the pit boundary, shaped to form earthen berms, and seeded directly after construction to contain an, runoff. Area 1 will be excavated completely before excavation in Area 2 straits. As excavation in Area 2 starttf., temporary diversion ditches will divert shed water to Area 1, where it will act as a sed"cut basin until excavation comme,>r es, There is 1,092 LF of silt fence shown along the northern side of the pit boundary along with silt fence outlets. There will be a construction entrance (50'x401) to separate the proposed haul road from the end of the :Mate maintained road. Diversion ditches with silt check dams along the 950' road entering the pit will divert water into the pi! area, I All erosion c:nanta"ol rrneasun`vs will be puil'u "nut d in accz�rdannce with the details illztst-ruted, The slope on the proposed excavation area will be equal to a 3:1 on the boundaries of the pit. This slope shall be maintained during construction and post construction of the pit. Reference is made to the barrow pit cross seetion illustrated above. The existing structure located +/- 260' from the Southwestern corner of the pit is owned by the landowner of the pit and will not be affected by mining operations. The pond area shown on the site plaza will be dug out after all excavation has been completed at the request of the owner. Material from this excavation will be placed in the n.ew pit area. No dewatering will take place during this excavation. KhM Xi E aEma uu aura W anaaean omnnw. araw Van ayirarw4. growl. W 0. 1 QI M. a7 can ?" a1w:INff oarrr+a, y Y 0 r atctlpt a"e! aECISAN .l-A Road, 1,7 Mi Haul Road Shown on Sheet 2 ■tNllll� dye �T 1, ,� 5�. �,.,..Ri tr4 1-4 y{ V TV IC& `a CROSS SECTIONAL MW I�MYW 1{ IIYIMTI ��IY I ��� 'P Ctl"Pi'17Eitl�9t, ', a ! r 1: 3wy W1 TN "lIN! Ab h IE TYiIIJI M749 FARM • ... ra b 1 Gfill 41" icAr 1[SIVI w d L mraeEllE FIIL^\ Y (inR J! r1l N IUNiIu \ G WI O 7 OF 1F F16TY� AW :+lrmA. GS PWfIOfi a-0' M. NFAI I1114 TYr(._,.IIL NOT 1' Fy 0" T u�rr8.a. 7 sw�yo .� II Seeding Schedule March"..' -August 31 September 1- February 28 75# Tall Fescue 75# Tall Fescue 25# Bermuda (hulled) 35# Bermuda (unhulled) 500# F..rtilizer 500# Fertilizer 4000# ILimestone 4000# Limestone Top ;calf Beam roes-,�>ec_tion Existing ground Borrow Pit Cross Section (N,rs) Cf o,S-,`-­S(,_-'c-, i0,­l % ---- Top Soil: Iserm Water Cable Top Boil 3trrn .__,.._. r ._ _. I � New Pit 1 � 4' of water _ I [evsEion (ITlI€llSYnU11 After CXG$vafiiQ21� Pond Area Cross Section (NTS) 12' T fENOE 51.1aMED arorcE CLASS crlosOrla oa+Twl. aTeHE LT rh.TCN a, WIN. FAM0 �luace�rrnrtu /I- S�Lw qNcr i�- S, GlUam, Jr-, MOE ie ' 656�r1r"—/ Ira�y� �Err�iri�llorrora rrr�lrir� sNe ice. ua;o+Ta++' r�Ns%..r.......x urrrwrrrrrrrrwra ■H .A , _ 1-1 ur -1 -*x _;a_ CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds 0 Stockpiles 0 Wastepiles _ 0 Processing Arearl I-lau l Roads ---� --- --� 9.111 Mine Excavation 17.64 Other: Topsoil 'Berms 1 1.5 TOTAL. 1 16,25 Legend 4-- _- ernporary Dl er-sion Ditch --------Proposed Coin Fier Bait i:Ies __ Pr%opo ed S!"t Fence °giSilt Fence OLAt et Protection_,, L�mmi t�ps��i'� I3i rr ��[�' a: 20x (/�pr cox 1.5 cac) Ter-porar y Rock Silt Check Type W BARNHILL CONTRACTING EC MPANY 2311 NORTH MAIM STREET, P.O. BOX 1529 TARBOROi NORTH CAROLINA 27886 OWNER: Joe B. Dovenpott, ill & Joanne D. Cushing: COUNTY: Cer+.ie SCALE: 1 " — 1 JC' DATE. April 1, 201 u ` BY: Jonclli"Cn Proctor i SHEET NO. 1 0 2 Ik Cedar Land ing Rd. Davenport Rd. E Gated `f Entrance (Permit Boundary) Ae��i�eo '1,,T"OVIBE TURMINO PAOLI* *OFF TO A6FptlItlOATE LARBE HFF k TRURKS. LOCATE INTRAFKe( s)j TO FROVIPE no WILSIATZON BY ALL pONpTHUCYION YGMICLNB' u�g NlV$T 9E YAI NTA[NEO [M A 0411ISLON MIICk YIILL 1TLVM TAACKINq OR P;Be0T'LOW 9F IN.G ONTO BTRG GTB� M IMTEM;AD IER�m INTO BeTieO 001iwY MU Tse ci Y. ra-eM'Ra uV IMMEDIATELY. q, LWAre ORAVEL O01AgTRO�;T10N 2NTRANW A7 ALL PATNTB VIE INWEPS AND EONEW LATIL GrrE IS BTABILIRD. !'R4VI DE FREQUNT u1"AS OF CFViL7E NIO 73MELY Lij L, r NIA[NTENAHGE. q, AND IOGTIG" OF CON67RULTION ENTRANCES TO 1.j.1 H 8E De TERYI NM BY THE ENRINEER. _ ��¢yee r 1F.t -b ry. yL� CLANKA' STOW 90 OTHER CUARSE AW L'WE AFFNDVED V THE 1065LEIfl. `a W ���� V• nr ~ C �n Q a F Y.N. 2L Vi a o • Gi.A89 A. STONE - .� �+��.,, !Vc' � 40y B IN. BIN. DEPTH 6a _� lN7TF1 Fe ACF F11TFR FAMM RFNFATH IFFORP m Notes 1. Haul Road is Approximately 1.7 miles long from the proposed road entering the pit and the intersection of the State maintained road. The haul road vvill be 40' in width. 2. Haul Road makes up 8.24 acres from gated entrance to proposed haul road enterina the pit, and 0.87 acres from the intersection of the farm oath and the proposed haul road entering -the pit. Proposed Haul Road Entering As Shown on Sheet 1 Existing Farm Road to Be Used As Haul Road Permityou ---- n'�ar'Y Permit Boundary Aerm�� B' °unda,ry PIMA Dit Legend Construction Entrance (50' x 40') 13ARNHILL CONTRACTING COMPANY 2311 NORTH MAIN STREET, P.O. BOX 1529 TARBORO, NORTH CAROLINA 27886 OWNER: Joe B. Davenport, III & Joanne D. Cushing COUNTY: Bertie SCALE: 1 " = 300' DATE: April 1, 2010 DRAWN BY: Jonathan Proctor SHEET NO. 2 OF 2 (Haul Road) 41 9