08-26_1_Redacted

STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
FILE ACCESS RECORD
SECTION LAN[) UO LTT DATE/TIME
NAME 4 d W1 I i a- REPRESENTING LJ11 J.'423 l
Guidelines for Access: The staff of the Central and Regional Offices is dedicated to
making public records in our custody readily available to the public for review and copying.
We also have the responsibility to the public to safeguard these records and to carry out
our day-to-day program obligations. Please read carefully the following before signing the
form.
1. Due to the large public demand for file access, we request that you call at least a
day in advance to schedule an appointment for file review so you can be
accommodated. Appointments are scheduled between 9:00 a.m. and 3:00 p.m.
Viewing time ends at 4:45 p.m. Anyone arriving without an appointment may
view the files to the extent that time and staff supervision are available.
2. You must specify files you want to review by project number or name, as
appropriate. The number of files thatyou.may review at one appointment will be
limited to five.
3. You may make copies of a file when the copier is not in use by the staff and if
time permits. Cost per copy is 2.5 cents for ALL copies if you make more than
25 copies — there is no charge for 25 or less copies. Payment is to be made by
check, money order, or cash in the administrative offices, or upon receipt of an
invoice.
4. Files must be kept in the order you received them. Files may not be taken from
the office. No briefcases, large totes, etc. are permitted in the file review area.
To remove, alter, deface, mutilate, or destroy material in public files is a
misdemeanor for which you can be fined up to $500.00.
5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and
collected for checks on which payment has been refused.
6. The customer must present a photo 1D, sign -in, and receive a visitor sticker prior
to reviewing files.
PROJECT NO.1 PROJECT NAME COUNTY
2.
3.
4.
5.
Signs ureAame of Firm or Business Date Time In Time Out
Please attach business card to form if available

LAND QUALITY SECTION
GUIDELINES
FOR
ACCESS TO PUBLIC RECORDS
August 20, 2010
The North Carolina Public Records Act provides that any person may review public
records under reasonable conditions of volume and time frame except under, conditions
pursuant to the P.riVacy Act or other exclusions covered by the Puljlirc Records Act. k
Public'record's are broadly definetl as all materials (including e-mail) made or received
pursuant to law or ordinance in connection with the transaction of public business to
include paper records, video or audio records, data processing records, photographs, and
physical objects.
Due to the large public demand at the central and regional offices for access to public files,
administrative assistance with copying is unavailable to the customer.* The customer is
encouraged to make an appointment for file review with the appropriate agency
representative. If a customer does not have an appointment, it is possible that they will not
be able to be accommodated at that particular time and they will be requested to make an
appointment. However, every effort will be made to accommodate the walk-in public if
sufficient staff and time permit.
For security reasons, customers viewing central and regional office files may not take
briefcases, bags, totes, etc. into the file review area.
Citizens making copies of file material are charged as follows:
25 or less copies free
More than 25 copies 2.5 cents per page (for ENTIRE amount
copied)
Payment is due at the time of copying. Payment can be made by check, money order, or
cash. Payment is to be made in the administrative offices to the central or regional office
cashier or customer service representative. If the customer does not have payment readily
available, they can be invoiced for the amount due. Payment is due upon receipt of the
invoice.
*Customers requesting rile review who are unable to visit the office and make the copies
themselves are advised to contract with a temporary employment agency.

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North Carotins Deparonent of Environment and Natural Resonrcm,
Divi ba of Land Rmurms,. Land Qaaiits► Section
_ MMMTED MIIVE}
1. MINE NAME MA, ►� r� r +� 2. Mnr NG PERMIT #
3. OPERATOR r1 4. COUNTY AF r e-
5.ADDRESS P,o•!3n n ; I. iN+clse) A/C Z7Ve3
6. PERMIT EXPIRATION DATE (e) (0 - Z7. RNER BASIN ,. R ok-,
8. Person(s) contacted at site lV d ch c. o H S, c.
9. Was mine operating at time of inspection? ❑ Yes ONo 10. Pictures?,O es [I No
11. Date last inspected: I I 12. Any mining since last inspection? ,DAY ❑ No
13. Is the mine in #mpg-li^anwe viththe Operating, Conditions of the P 't? ❑ Yes No
[
If no, explain: C 1 1 L r M •t.. 60"�CIO 1), -Lyur C L G ,, f �L _e. 6,Y�
rt /)1 li akQ e k-1 I i'% a jt-r
V m , i- De')i_ ., r-Vj ,
M %�—
14. Is the mine in comp ianmgniNIM-
Reclamation Conditions of the Permit? ,i7 es ❑ No
If no, : ,.
NOV
0 3 MI
�. -- - i _ . .....�_
15. Did any of the above deficiencies f=dtAU offtite damage? ❑ Yes ,O No If yes, descebe the
type and severity of the damage: Lf e 4 � fi m
16.�CmTecfti}ve� or taken: 1`luPtIo, lro,.14 T-h(- i)f f-ni t doutAc�v
e� /0aIa,a /!t �r1.0 C L IT 5-1; � -A e 7,,-1 C G 41 5 rG 7, 7O)7,S-7 6/ r,-7f-✓ cli. Tur,
18. Is the Annual Reclamation Report +/--map accurate? ❑ Yes ❑ No (Explain) ❑ Not Reviewed
19. Follow-up inspection needed? -,❑'Yes ❑ No Proposed date �°�z
20. No. of additional pages of Inspection Report-___, 21. Copy of Report sent to operator 2 _I //
(date)
INSPECTED BY: { `� r7 IV ✓,� �G DATE /UI1<—
Telephone No:
White copy ro file
Yellow copy to operator Pik copy to Ming 4acudiri 10/97
C-

Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
December 1, 2017
Timothy L Phelps
Timothy L Phelps
PO Box 64
Windsor, NC 27983
RE: Mining Permit No. 08-26
Mountain Tract Mine
Bertie County
Dear Timothy L Phelps:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TRACY DAVIS
Director
This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the
permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4,
2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site
or for the duration of the lease term. The "life of site" means the period from the initial receipt of a permit for the operation
until the mining operation terminates and the required reclamation is completed.
Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior
expiration date to convert your permit to a life of site or lease permit effective immediately. No action is required on your
part for this modification to be effective. Please attach this letter to your existing mining permit for future reference. The
mine name and permit number on the permit document, and all existing operating and reclamation conditions contained
therein, shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new,
transferred and modified mining permits.
In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining
permit operating fee of $400 per mining permit number. By statute, the initial payment of this annual $400 fee must be
submitted to this office by December 31, 2017 — see the attached Invoice to remit the initial annual fee payment by this
deadline. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required
Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a
$50/month late fee and could result in the denial of future permit actions and/or revocation of your mining permit.
Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been raised from $500,000 to $1 million. Any
adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action
unless you contact this office with a written request to have your bond reevaluated.
The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The
responsibility of compliance with any applicable zoning regulations remains with you.
Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms, Judy
Wehner, Assistant State Mining Specialist, or me at [phone].
Sincerely,
AXE,
William "Toby" Vinson, Jr., PE, CPM
Interim Director, DEMLR
State of North CarTAna I Environmental Quality I Energy, Mineral and Land Resources
512 N. Salisbury Street 1 1612 Mali Service Center I Raleigh, North Carolina 27699-1612
q19 707 9200

STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
FILE ACCESS RECORD
SECTION—�%`� u1'�+ 1- DATE/TIME _,'- 2-()//
NAME REPRESENTING�-
.S�rze
Guidelines for Access: The staff of the Central and Regional Offices is dedicated to
making public records in our custody readily available to the public for review and copying.
We also have the responsibility to the public to safeguard these records and to carry out
our day-to-day program obligations. Please read carefully the following before signing the
form.
1. Due to the large public demand for file access, we request that you call at least a
day in advance to schedule an appointment for file review so, you can be
accommodated. Appointments are scheduled between 9:00 a.m. and 3:00 p.m.
Viewing time ends at 4:45 p.m. Anyone arriving without an appointment may
view the files to the extent that time and staff supervision are available.
2. You must specify files you want to review by project number or name, as
appropriate. The of files that you may review at one appointment will be
limited to five_ _
3. You may make copies of a file when the copier is not in use by the staff and if
time permits. Cost per copy is 2.5 cents for ALL copies if you make more than
25 copies — there is no charge for 25 or less copies. Payment is to be made by
check, money order, or cash in the administrative offices, or upon receipt of an
invoice.
4. Files must be kept in.the order you received them. Files may not be taken from
the office. No briefcases, large totes, etc. are permitted in the file review area.
To remove, alter, deface, mutilate, or destroy material in public files is a
misdemeanor for which you can be fined up to $500.00.
5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and
collected for checks on which payment has been refused.
6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior
to reviewing files.
PROJECT NO.1 PROJECT NAME COUNTY
2.
3.
4.
5.
_#U 04�
ign ture/Name of Firm or Business Date Time In Time Out
Please attach business card to form if available

LAND QUALITY SECTION
GUIDELINES
FOR
ACCESS TO PUBLIC RECORDS
August 20, 2010
The North Carolina Public Records Act provides that any person may review public
records under reasonable conditions of volume and time frame except under conditions
pursuant to the Privacy Act or other exclusions covered by the Public Records Act.
Public records are broadly defined as all materials (including e-mail) made or received
pursuant to law or ordinance in connection with the transaction of public business to
include paper records, video or audio records, data processing records, photographs, and
physical objects.
Due to the large public demand at the central and regional offices for access to public files,
administrative assistance with copying is unavailable to the customer.* The customer is
encouraged to make an appointment for file review with the appropriate agency
representative. If a customer does not have an appointment, it is possible that they will not
be able to be accommodat9d at that particular time and they will be requested to make an
appointment. However, every effort will be made to accommodate the walk-in public if
sufficient staff and time permit.
For security reasons, customers viewing central and regional office files may not take
briefcases, bags, totes, etc. into the file review area.
Citizens making copies of file material are charged as follows:
25 or less copies free
More than 25 copies 2.5 cents per page (for ENTIRE amount
copied)
Payment is due at the time of copying. Payment can be made by check, money order, or
cash. Payment is to be made in the administrative offices to the central or regional office
cashier or customer service representative. If the customer does not have payment readily
available, they can be invoiced for the amount due. Payment is due upon receipt of the
invoice.
*Customers requesting file review who are unable to visit the once and make the copies
themselves are advised to contract with a temporary employment agency.

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 Timothy L. Phelps to conduct
mining activities off SR 1500 (Woodard Road) in Bertie County. The mining permit (no.
08-26) was issued on June 6, 2011.
North Carolina law allows persons aggrieved by the issuance of a mining permit
to contest the decision by filing a petition for a contested case in the Office of
Administrative Hearings pursuant to N.C.G.S. 150E-23 of the Administrative Procedure
Act (APA).
If you believe that you are an aggrieved party within the meaning of the APA, a
petition for a contested ease 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 [phone].
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.
J&his imons
Director
Division of Land Resources
North Carolina Department of
Environment and Natural
Resources
i
This notice was mailed on �I
/n r
Brenda 1
Mining Program Secretary

Adjoining Property Owners —
Mt. Tract Mine, Bertie Co.
1 Alice H. James Heirs
1120 Woodard Road
Windsor, NC 27983
Pin # 6729690293
Carroll P. Tarkington TR
1141 Woodard Road
Windsor, NC 27983
Pin # 6729892729
Shirley Bond Stewart 10. Carroll P. Tarkington TR
310 Middle Track 1 Road 141 Woodard Road
Windsor, NC 27983 Wndsor, NC 27983
Pin # 67294855 Pin # 6729698459
3 Beasley Farms, Inc. 8�/Timberlands
Weyerhaeuser Company
P. O. Box 38 Acct./Land Records
Colerain, NC 27924 1785 Weyerhaeuser Road
Pin # 6729389609 ° Vanceboro, NC 28586
Pin # 6729524722
V Charles G. Copeland
1014 Woodard Road Q92 Roanoke Electric Cooperative
Windsor, NC 27983 P. O. Drawer 1326
Pin # 6729490000 Ahoskie, NC 27910
D5) Bradford J. Copeland
1022 Woodard Road
Windsor, NC 27983
Pin # 6729397020
Beasley Farms, Inc.
P. O. Box 38
Colerain, NC 27924
Pin # 6729192520
7. William Blount Knowles
1524 Woodard Road
Windsor, NC 27983
Pin # 6820231387
8. North Carolina Dept. of Administration
State Property Office
1321 Mail Service Center
Raleigh, NC 27699
Pin # 6820555209

APPLICATION FOR A MINING PERMIT
AFFIDAVIT OF NOTIFICATION
I, Floyd R. Williams , an applicant, or an agent, or employee
of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted
area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that
the following are all known owners of record, both public and private, of all tracts of land that are adjoining the
mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the
lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining
permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered
mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a
form provided by the Department:
(Adjoining Landowner Name)
See Attached Sheet
(Address)
(Attach additional list if necessary)
I do also attest that the following individual is the chief administrative officer of the county or municipality in which
any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by
certified or registered mail, return receipt requested, to s d office at the following address:
(Chief Administrative Officer Name) (Address)
[i.e.. City Manager, County-Manager-Kayor, etc.
_ O6 Dundee -Street
mbs
Zee LaWindsor. NC-27983---)
C----
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 pennit boundary) and the chief administrative officer of the county or municipality in which any
part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 5B .0004(d). I
understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices
were caused to be mailed and to provide them to the Department upon request.
ijnature o Applicant or Agent Date
If person executing Affidavit is an agent or employee of an applicant, provide the following information:
Name of applicant: _ _u i 1 ►ar*•.s
Title of person executing Affidavit —F}. _e,,
I, Ye—r a Notary Public of the County of _ e— k�go rt
State of North Carolina, do hereby certify tl
appeared before me this day and under oath
OM.AC
vit was made by
Witness my hand and notarial seal, this 1 day of 1)6dt _ __ 20 0,
Notary: _ _ _ my Commission expires: 2,4,-2-D3
-17-

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 Timothy L. Phelps to conduct
mining activities off SR 1500 (Woodard Road) in Bertie County. The mining permit (no.
08-26) was issued on June 6, 2011.
North Carolina law allows persons aggrieved by the issuance of a mining permit
to contest the decision by filing a petition for a contested case in the Office of
Administrative Hearings pursuant to N.C.G.S. 150B-23 of the Administrative Procedure
Act (APA).
If you believe that you are an aggrieved party within the meaning of the APA, 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 [phone].
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.
J es rf 4imons
Director
Division of Land Resources
North Carolina Department of
Environment and Natural
Resources
This notice was mailed on
Brenda I-Nxh5/ I
Mining Program Secretary

It
� A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE
Director and State Geologist
June 6, 2011
Mr. Timothy L. Phelps
PO Box 64
Windsor, North Carolina 27983
Re: Mountain Tract Mine
Bertie County
Roanoke River Basin
Dear Mr. Phelps:
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 we have received the
required security to cover this application, I am enclosing the mining permit.
The conditions of Mining Permit No. 08-26 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 6, 2021. G.S. 74-65 states that the issuance
of a mining permit does not supersede or otherwise affect or prevent the enforcement of any
zoning regulation or ordinance duly adopted by an incorporated city or county or by any
agency or department of the State of North Carolina.
As a reminder, your permitted acreage and affected acreage for this site are both 15.50
acres, as indicated in the application and on the mine map last revised March 10, 2011.
Please review the permit and contact Ms. Judy Wehner, Assistant State Mining
Specialist, at [phone] of any objection or questions concerning the terms of the permit.
erely,
kl
L-4
Ja et S. oyer, PE
State Mining Special
Land Quality Section
JSBIjw
Enclosures: Permit No. 08-26
Notice of Issuance
cc: Mr. Pat McClain, PE
Ms. Shannon Deaton -WRC, wlpermit
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures
US Fish and Wildlife Service w/ ppermit
1612 Mail Service Center, Raleigh, North Ca(olina 27699-1612 - Telephone [phone] / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet: http:llwww.dlr.enr.state.nc.uslpagesAandqualitysection.htmI
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:
Timothy L. Phelps
Mountain Tract Mine
Bertie County - Permit No. 08-26
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.
a
MINING PERMIT EXPIRATION DATE: June 6, 2021

w
Page 2
In accordance with the application for this mining permit, which is hereby approved by the
Department of Environment and Natural Resources, hereinafter referred to as the Department,
and in conformity with the approved Reclamation Plan attached to and incorporated as part of
this permit, provisions must be made for the protection of the surrounding environment and for
reclamation of the land and water affected by the permitted mining operation. This permit is
expressly conditioned upon compliance with all the requirements of the approved Reclamation
Plan. However, completed performance of the approved Reclamation Plan is a separable
obligation, secured by the bond or other security on file with the Department, and may survive
the expiration, revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another
operator succeeds to the interest of the permittee in the permitted mining operation, by virtue
of a sale, lease, assignment or otherwise, the Department may release the permittee from the
duties imposed upon him by the conditions of his permit and by the Mining Act with reference
to the permitted operation, and transfer the permit to the successor operator, provided that
both operators have complied with the requirements of the Mining Act and that the successor
operator agrees to assume the duties of the permittee with reference to reclamation of the
affected land and posts a suitable bond or other security.
In the event that the Department determines that the permittee or permittee's successor is not
complying with the Reclamation Plan or other terms and conditions of this permit, or is failing
to achieve the purposes and requirements of the Mining Act, the Department may give the
operator written notice of its intent to modify, revoke or suspend the permit, or its intent to
modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a
hearing at a designated time and place on any proposed modification, revocation or
suspension by the Department. Alternatively and in addition to the above, the Department
may institute other enforcement procedures authorized by law.
Definitions
Wherever used or referred to in this permit, unless the context clearly indicates otherwise,
terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49.
Expiration Date
This permit shall be effective from the date of its issuance until June 6, 2021.
Conditions
This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to
the following conditions and limitations:
OPERATING CONDITIONS:
1. A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.

Page 3
B. Any stormwater runoff from the affected areas at the site shall be in accordance
with any applicable permit requirements and regulations promulgated by the
Environmental 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 shall be maintained between any affected land and any adjoining
waterway or wetland to prevent sedimentation of that waterway or wetland from
erosion of the affected land and to preserve the integrity of the natural
watercourse or wetland.
B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands
shall be in accordance with the requirements and regulations promulgated and
enforced by the N. C. Environmental Management Commission.
4. A. Adequate mechanical barriers including but not limited to diversions, earthen
dikes, silt check dams, silt retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent
sediment from discharging onto adjacent surface areas or into any lake, wetland
or natural watercourse in proximity to the affected land.
B. All drainage from the affected area around the mine excavation shall be diverted
internal to said excavation.
C. Mining activities, including the installation and maintenance of all associated
erosion and sedimentation control measures, shall occur as indicated on the
mine map last revised March 10, 2011 and the supplemental information
received by the Land Quality Section on November 16, 2010, January 24, 2011
and March 14, 2011.
D. No dewatering activities shall occur at this site until proof has been
submitted to the Division of Land Resources that the Operations and
Maintenance Plan required by the Division of Water Quality has been
approved.
5. All mine permit boundaries (15.50 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. Sufficient buffer (minimum 25 foot unexcavated) shall be maintained between any
excavation and any mining permit boundary to protect adjacent property.
10. A. No on -site disposal of refuse or other solid waste that is generated outside of the
mining permit area shall be allowed within the boundaries of the mining permit
area unless authorization to conduct said disposal has first been obtained from
both the Division of Waste Management and the Land Quality Section,
Department of Environment and Natural Resources. The method of disposal
shall be consistent with the approved reclamation plan.
B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated
on -site and directly associated with the mining activity may be disposed of in a
designated refuse area. All other waste products must be disposed of in a
disposal facility approved by the Division of Waste Management. No petroleum
products, acids, solvents or their storage containers or any other material that
may be considered hazardous shall be disposed of within the permitted area.
C. For the purposes of this permit, the Division of Land Resources considers the
following materials to be "mining refuse" (in addition to those specifically listed
under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
1. on -site generated land clearing debris
2. conveyor belts
3. wire cables
4. v-belts
5. steel reinforced air hoses
6. drill steel
D. If mining refuse is to be permanently disposed within the mining permit boundary,
the following information must be provided to and approved by the Division of
Land Resources rigor to commencement of such disposal:
1. the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;

r
Page 5
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 $19,000.00
surety bond, is sufficient to cover the operation as indicated in the approved application.
This security must remain in force for this permit to be valid. The total affected land
shall not exceed the bonded acreage.
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.

N
Page 6
APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition
on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a
separable obligation of the permittee, which continues beyond the terms of the Mining Permit.
The approved plan provides:
Minimum Standards As Provided By G.S. 74-53
The final slopes in all excavations in soil, sand, gravel and other unconsolidated
materials shall be at such an angle as to minimize the possibility of slides and be
consistent with the future use of the land.
2. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
3. All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices and which is suitable for the proposed subsequent use
of the land.
4. No small pools of water shall be allowed to collect or remain on the mined area that are,
or are likely to become noxious, odious or foul.
5. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule
included in the plan, which shall to the extent feasible provide reclamation simultaneous
with mining operations and in any event, provide reclamation at the earliest practicable
time after completion or termination of mining on any segment of the permit area and
shall be completed within two years after completion or termination of mining.
RECLAMATION CONDITIONS:
Provided further, and subject to the Reclamation schedule, the planned reclamation
shall be to restore the mine excavation to a lake area and to grade and revegetate the
adjacent disturbed areas.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
A. The lake area shall be excavated to maintain a minimum water depth of four feet
measured from the low water table elevation.

r
Page 7
B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1
vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the
water line.
C. Any areas used for wastepiles, screening, stockpiling or other processing shall
be leveled and smoothed.
D. No contaminants shall be permanently disposed of at the mine site. On -site
disposal of waste shall be in accordance with Operating Condition Nos. 10A
through D.
E. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. Revegetation Plan:
After site preparation, all disturbed land areas shall be revegetated as per Revegetation
Plan approved by Mr. Floyd R. Williams, PG of Williams Environmental and Geological
Services, PLLC on November 15, 2010 with the following stipulations:
All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibslacre
and anchored appropriately.
Whenever possible, disturbed areas should be vegetated with native warm season
grasses such as switch grass, Indian grass, bluestem and gamma grass.
In addition, the permittee shall consult with a professional wildlife biologist with the N.C.
Wildlife Resources Commission to enhance post -project wildlife habitat at the site.
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 6th day of June, 2011.
By: 1
JVnes imons, Director
Division and 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 Timothy L. Phelps to conduct
mining activities off SR 1500 (Woodard Road) in Bertie County. The mining permit (no.
08-26) was issued on June 6, 2011.
North Carolina law allows persons aggrieved by the issuance of a mining permit
to contest the decision by filing a petition for a contested case in the Office of
Administrative Hearings pursuant to N.C.G.S. 150B-23 of the Administrative Procedure
Act (APA).
If you believe that you are an aggrieved party within the meaning of the APA, a
petition for a contested case must be filed in the Office of Administrative Hearings within
sixty (60) days of the mailing of this notice to you.
If you file a contested case petition, it must be in writing and in the form
prescribed by N.C. General Statutes 150E-23. File the original petition and one copy
with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714.
Any questions about filing a petition may be directed to the Clerk of the Office of
Administrative Hearings by telephoning [phone].
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.
J04�
J es 4. 4imons
Director
Division of Land Resources
North Carolina Department of
Environment and Natural
Resources
This notice was mailed on
Brenda Harris
Mining Program Secretary

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Timothy Lewis Phelps
Mountain Tract Mine
Berne County
1" = 100"
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Timothy Lewis Phelps
OLD CEMETER Y
WOOE)S
PERMIT BOUNDARY
Please note that mine excavation will begin at
the dewatering basin and continue here unt:L 1
the basin is completed to a depth of 20'.
Mining will continue toward the Southeast.
AGRICULTURE:
c D 1 C fa G1
PERMIT BOUNDARY
WOODARD ROAD
WOODS
Duck Ponds
Property line
AGRICULTURE
EXISTING FARM PATH
25J WIDE ACCESS ROAD
MAP DATE: 11-I1-2020
VV I .L L I A M S
Environmental & Geological Services, PLLC
P. n . o 2s0 BaL c z; soy ,' �-300) 240-8.5'0
Carroll P. Tarkington TR
Carroll c Tarkington TR
Alice H, James Heirs l
Weyerhaeuser Company
j Timberlands Acct./Land Records
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ANTILLIAMS
V10F:nviro»timental & Gcological 'x.-rvicrs pu.,:
November 15, 2010
NCDENR
Mining Program
Land Quality Section
Division of Land Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
Voiceh550
P.O. Box 190
Bath, NC 27808
www.WilliamsEGS.com
�Iov 16 im
RE: Application for NEW Mining Permit
Timothy L. Phelps
Mountain Tract Mine — Bertie County
Mining Program:
I have been retained by Mr. Timothy L. Phelps to file the enclosed application for
a mining permit for the proposed Mountain Tract Mine in Bertie County.
I have enclosed a letter signed by Mr. Phelps appointing me as agent for him in
filing the application for a mining permit. Also enclosed is an original and 5 copies of
the mine application and maps along with a check in the amount of $ 3,750 for the
application review fee.
The applicant owns a 258 acre tract of land which is located on both sides of SR
1500 (Woodard Road). The proposed mine site is located on the tract north of Woodard
Road. I have attached to this letter a page with a number of items I want you to be aware
of.
Please copy me on any written communication with Mr. Phelps and if you have
any questions, please give me a call.
Sincerely,
Floyd . Williams, PG, CPESC, CPG
cc: Timothy L. Phelps
Enc. Original Mining Permit Application & 5 Copies with maps
Application Review Fee: Ck. # 11542 dated 11/15/10
Exhibit A — Dewatering Basin Details
Exhibit B — 2' Topographic Map of mine site
Exhibit C — Silt Fence Detail

I

Timothy L. Phelps: Mountain Tract Mine Application Items I want you to be
aware of.
1. The mine site is located totally within agriculture land and no land clearing
or land preparation will be necessary to mine the proposed site.
2. Access road to the proposed mine site is a farm path that has been utilized
for years and is totally on Mr. Phelps' farm property.
3. Affected land and permit boundary will be the same acreage:.5 acres of
stockpiles; 1.75 acres of access road; 11.25 acres of mine excavation; and 2
acres of unexcavated buffer for a total of 15.50 acres.
4. The soil type within the mine permit boundary is WkB (Wickham soils)
which is a well drained sandy loam with moderate permeability.
5. Excavation will begin in the lower northwest part of the site and will
progress toward the southeast. Any runoff upslope of the active mine area
will drain into the pit. All areas outside active mining areas will remain as
farm land. A silt fence has been proposed just below the dewatering basin
and will be maintained until the basin has been completed.

m

NORTH CAROLINA
MINING PERMIT APPLICATION
State of North Carolina
Department of Environment
and Natural Resources
Division of Land Resources
Land Quality Section
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
[phone]
Rcviscd: January 30, 2008

0 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 Mountain Tract Mine County Bertie
River Basin— Roanoke
Latitude (decimal degrees to four places) 35" 55' 53.80" N
• Longitude (decimal degrees to four places) 76° 53' 22.21" W
2. Name of Applicant* _Timothy L._ Phelps__-__
. 3. Permanent address for receipt of official mail** P. O. Box 64
Windsor NC 27983
Telephone [phone] Alternate No. [phone]
• 4. Mine Office Address Same
Telephone
5. Mine Manager_ Timothy L. Phelps _T
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. G
***Signature
— Date - U
Print Name Timoth . Phel s
Title Applicant / Land Owner
* This will be the name that the mining permit will be issued to and the name that must be indicated on the
reclamation „bond -(security that corresponds to this site.
** The Land Quality Section must be notified of any changes in the permanent address or telephone number,
• *** 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 ofa
•complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any
supplemental information required by the Department. All questions must be addressed and all required maps
• provided before this application can be considered complete. Attach additional sheets as needed.
. -1-

APPLICATION FOR A MINING PERMIT
• NOTE: Ali 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 reap.
A. GENERAL CHARACTERISTICS OF THE MINE
• 1. Answer all of the following that apply:
X If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the
• permit (this is the acreage that the "new permit" fee will be based upon): 15.50
Of this acreage, how much is owned and how much is ]eased? Acres owned: 15.50
• Acres leased: Property owner if leased:
❑ If this is an application for RENEWAL of a mining permit, indicate the mining permit number and
the total (overall) acreage covered by 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, indicate the mining permit
number and the total (overall) acreage covered by the existing permit.
• Mining Permit No.: Total permitted acreage:
Does the modification involve acreage within the previously approved permitted boundary?
. Yes ❑ No ❑. If Yes, indicate the acreage to be covered by this modification (this is the
acreage that the "major modification" fee will be based upon):
• Does the modification involve acreage outside the previously approved permitted boundary?
Yes ❑ No ❑. If yes, indicate the additional acreage to be covered by this
modification: . (NOTE: you must complete all of Section F. of this application form
• entitled Notification of Adjoining Landowners).
Of this acreage to be added to the permit, will any portion of this acreage be affected (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
3. Mining method:
Hydraulic Dred e X - Front-end Loader & Truck X - Shovel & Truck
- Dragline & ruCk ❑ Self -loading Scraper
Other (explain):
4. a. Expected maximum depth of mine (feet) 45 feet
Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.)
Natural Ground Level
b. Expected average depth of mine (feet) 40 feet
-2-

APPLICATION FOR A MINING PERMIT
5. Has any area(s) at this site been mined in the past? Yes T X 'No
If yes, when and by whom was this activity conducted? Area less than acreexcavated
6. Number of years for which the permit is requested (10 years maximum): 10
B. MA PS
Clearly mark and label the location of your minim operation on six 6 copies of a 7.5-minute quadrangle
and a county highway map. These maps, in addition to six (G) copies of all mine maps and reclamation
maps, must be submitted with each permit application.
7.5-minute quadrangles may be obtained from the N.C. Geological Survey:
Mailing Address:
1612 Mail Service Center OR
Raleigh, North Carolina 27699-1612
[phone]
www.geoloay. enr.state.nc.us/
Physical Address:
512 North Salisbury Street, 5"' Floor
Raleigh, North Carolina 27604
County highway maps may be obtained from the N.C. Department of Transportation:
North Carolina Department of Transportation — Geographic Information Systems (GIS)
Mailing Address:
NCDOT GIS Unit
1587 Mail Service Center
Raleigh, North Carolina 27699-1587
Physical Address:
NCDOT GIS Unit
3401 Carl Sandburg Court
Raleigh, North Carolina 27610
[phone]
www.ncdot.orgZit/gisContact/default.htm]
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 aII 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.
I, Location of planned and existing on -site buildings.
m. Location and dimensions of all proposed sediment and erosion control measures.
n. Location of I00-year floodplain limits and wetland boundaries.
o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of
the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of
the mining permit boundary, must be provided on the mine map.
-3-

APPLICATION FOR A MINING PERMIT
• p. Names of owners of record, both public and private, of all tracts of land that are ad'oming the mining
permit boundary which lie directly across and are contiguous to any highway, cre2, stream, river, or
other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned
or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of
tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be
. provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less
and is not designated as an Interstate Highway.
q. Map legend:
1. Name of applicant
2. Name of mine
3. North arrow
4. County
5. Scale
6. Symbols used and corresponding names
7. Date prepared and revised
8. Name and title of person preparing map
• Map scales should meet the following guidelines:
PERMITTED ACREAGE MAP SCALE
• 0-49 Acres I inch = 50 feet
50-199 Acres I inch = 100 feet
200+ Acres I inch = 200 feet
• (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items)
• -4-

APPLICATION FOR A MINING PERMIT
A table/chart must be provided on the mine ma that clearly lists the approximate acreage of tailings/sediment
ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the
mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart
similar to the following will be acceptable:
CATEGORY
AFFECTED ACREAGE
Tailings/Sediment Ponds
0
Stockpiles
.5
Wastepiles
0
Processing Area/Haul Roads
1.75
Mine Excavation
11.25
Other (Unexcavated Buffer)
2.00
Total Disturbed Acreage
15.50
NOTE:
IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC
INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THEFO.LLOWINGQUESTIONS IN
THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUE.STIONSISTATEMENT.S
THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE
WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS.
-5-

APPLICATION FOR A MINING PERMIT
C. PROTECTION OF NATURAL RESOURCES
1. Describe in detail the sequence of events for the development and operation of the mine and reference the
sequence to the mine map(s). Attach additional sheets as needed.
The applicant owns 258 acres at the site where the mine will be located. Mine area is
totally located in an active agriculture field. Mining operations will start in the
northwest end and progress toward the southeast. There will be no land clearing or land
preparation in order to prepare the site for mining.
r
• 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during
mining to prevent offsite sedimentation (include sped w 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. I ocaie and label all .sediment and erosion
control measures on the mine map(s) and provide typical cross-.sectiotts/construction details of each
measure. Engineering designs and calculations are required to justify the adequacy of any proposed
• measures.
Excavation will start on lower portion of mine area. Any storm water draining toward
the initial pit area will drain into the pit area. No additional erosion and sediment
control measures will be necessary. The access road is a farm path that does not
cross any streams or ditches.
3. a. Will the operation involve washing the material mined, recycling process water, or other waste water
• handling? Yes ❑ No-X. If yes, briefly describe all such processes including any chemicals to be used.
. b, Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to
the waters of the State? Yes ❑ N o - X. If yes, briefly describe the nature of the discharge and locate
all proposed discharge points (along with their methodof stabilization) on your urine map(s).
S
• -6-

•
• APPLICATION FOR A MINING PERMIT
•
• c. Will any part of the proposed mine excavation(s) extend below the water table? Yes - X NoEl.
If yes, do you intend to dewater the excavation(s)? Yes - X No ❑.
If yes, what impact, if anyy, will mine dewatering have on neighboring wells? Estimated withdrawal rate
• in gallons per day: 500,000 . Locate all existing wells on the mine map(s) that lie within
. 500feet ofthe 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.
No wells exist within 500 feet of the mine permit boundary.
•
•
• 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.
•
NPDES Permit is being applied for.
•
•
4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No - X.
• If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the
. Division of Air Quality or local governing body.
•
•
•
•
b. How will dust from stockpiles, haul roads, etc., be controlled?
•
If dust becomes a problem, a water truck will be used.
•
•
•
•
•
•
•
•
•
•
•
•

• APPLICATION FOR A MINING PERMIT
5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of-
way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion &
. sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance
within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note
that all buffers must be located within the mining permit boundaries.
How wide a buffer will be maintained between any mining activity and any mining permit boundary or
• right -of way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may
be needed depending on site conditions. Show all buffer loecrtions and widths on the mine nicrp(-).
• A 25' unexcavated buffer will beprovided between the permit boundary and top of pit
slope. Applicant owns sufficient ?and surrounding the permit boundary to prevent any
issues with neighboring properties.
. 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 bgffer
locations and widths on the mine niap(s).
No wetlands exist within 50 feet of the mine area.
6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries
dun'nS mining. Minimum 2 horizontal to I vertical slopes or flatter for clayey material and minimum
3 horizontal to I vertical slopes or flatter for sandy material are generally required, unless technical
. justification can be provided to allow steeper slopes.
Property line is far enough away from mine permit boundary that damage to adjoining
lands is impossible.
8

APPLICATION FOR A MINING PERMIT
b. Provide a cross-section on the mine maps) for all fill slopes (berms, wastepiles, overburden
disposal areas, etc), clearly indicating the intended side slope gradient, installation of any benches
• and/or slope drains (with supporting design information) if needed, and the -method of final
stabilization.
No fill slopes will exist.
• c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including
specifications for benching and sloping. Cross -sections for all cut slopes mast be provided on the
mine mcip(v).
No slopin�or benching will be necessary at the site except for final side slopes of lake
during reclamation.
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 .safely benches and
. mine benches, and the expected maximum depth c f the excavation.
NIA
7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling
• house, public road, public, commercial or industrial building from any mine excavation. locate all such
.structures on the mine map if they are within 300 feet of any proposed excavation.
NIA
• 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and
when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers
• may be acceptable high wall bamcades. A construction delail/cross-section and location of each type rf
barricade to be used must he indicated on the mine map(s).
NIA
-9-

� w�

APPLICATI.ON FOR A MINING PERMIT
9. Are acid producing minerals or soils present? Yes ❑ No - X.
If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled?
10. a. Describe specific plans (including a schedule of implementation) for screening the operation from
public view such as maintaining or planting trees, bushes or other vegetation, building berms or other
measures. Show the location of all visual screening on the mine map(y) and provide cross -sections
throuAM all proposed berms or proposed spacing, sizes and species for tree plantings.
No screening will be necessary _
b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park,
forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated?
No
11. Will explosives be used? Yes ❑ No - X
• If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical
hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations.
Depending on the mine's location to nearby structures, more detailed technical information maybe required
• on the blasting program (such as a third -party blasting study}. locate the nearest Uffvite occupied
structure(~) to the proposed excavations) on the mine map and indicate its approxintate distance to the
proposed excavation.
12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ❑ No - X.
If yes, describe these materials, how they ►vill he stored and method o f contaitmient in case of .s1)i11. Indicate
the location(v) o f all .storage, facilities on the mine map(s).
- to-

•
APPLICATION FOR A MINING PERMIT
•
• D. RECLAMATION PLAN
1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the
• sequence and general methods to be used in reclaiming this land. This must include the method of
. reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment
of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. ?his
h formalion must he illirstraled on a reclamation map and must coi•i•e.sl)oitd directly with the information
• provided on the mine map(,). lit addition, design information, including typical cross -sections, of any
permanent channels 10 be constructed as part of the reclamation plan and 1he location(s) of all permanent
channels must be indicated on the reclamalion map.
•
The mine area will be reclaimed as a lake with final slopes of 3 horizontal to I vertical
slope to the waterline and 2 horizontal to I vertical slope from the waterline to bottom of
• lake. All affected areas around the lake will be adequately graded and provided with
vegetative groundcover.
•
•
•
2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes - X No ❑.
Jf yes, illustrate the location of the body(v) r f water on the reclamation map and provide a scaled
. cross-seclion(s) through the proposed body(s) of water. The minimum water depth must be at least 4 feet,
measured from the normal low water table elevation, unless information is provided to indicate that a more
shallow water body will be productive and beneficial at this site.
• Will the body(s) of water be stocked with fish? Yes - X No ❑.
• If yes, specify species.
Bream
• Bass
Crappie
•
•
•
• 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 Ieft. Acceptable permanent barricades are appropriate
fencing, large boulders placed end -to -end, etc. Construclion details and locations of all permanent
• barricades mast he .shown on the reclamation map.
NIA

• APPLICATION FOR A MINING PERMIT
4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site nine waste
areas, including specifications for benching and sloping. Final cross -sections and locations for such
• areas must be proi,ided on the reclamation map.
NIA
. S. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways.
There will be no processing facility on site or any roadways that will require
. reclamation. No stockpiles will remain at the site that will require reclamation.
b. Will any on -site roadways be left as part of the reclamation? Yes ❑ No - X.
If yes, identify such roadways on the reclamation map and pro►,ide details on permanent road and ditch
me stabilization.
6. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or
other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.)
No off site generated waste shall be disposed of on the mine site without 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
• tempporary and permanent refuse diq)o.val areav mast be clearly delineated on the nnirre map(v) and
re%matio►t map, along with a list of items to be dispo.wd in said area .v.
No contaminants or scrap metal, junk machinery cables or other such waste products
will be disposed of at the site.
• -12-

APPLICATION FOR A MINING PERMIT
7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must
include recommendations for year-round seeding, including the time of seeding and the amount and type of
seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions
for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not
acceptable. Recommendations can be sought from:
a. Authorized representatives of the local Soil and Water Conservation District;
b. Authorized representatives of the Division of Forest Resources, Department of Environment and
Natural Resources;
c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists
and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at
North Carolina State University;
d. North Carolina licensed landscape architects;
e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment
and Natural Resources;
f. N.C. Erosion and Sedimentation Control Planning and Design Manual;
g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation;
h. Others as may be approved by the Department.
LIME - 2000 lbslacre or follow recommendations from a soil test.
FERTILIZER-1000 Ibs/acfre 8-8-8 or 10-10-10, or follow recommendations from a soil
test.
SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING
SCHEDULE (pounds/acre): [NOTE: Include Legumes]
Seed Types:
Seed Types:
Feb. 15 -April 1
April 1. - July
August 1 -- October 24
Seeding Dates:
SeedingDates:
ates:
Kobe Lespedeza
Bahiagrass
Redtop
Winter rye (grain)
Common Bermuda
Les pedeza (gnscarified)
German millet
October 25 - February 15 Rye (grain -temporary)
Seeding Rates:
Seeding Rates / Ac.
50
15
50
30
40
120
MU LCH - 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 a o
Signature
Print Name Flo
Title
Agen
ion plan approved by:
Date / d
-13-

APPLICATION FOR A MINING PERMIT
E. .DETERMINATION OF AFFECTED ACREAGE AND BOND
The following bond calculation worksheet is to he used to establish an appropriate bond (based upon a ran je
cf $500 to $5,000 per affected acre) for each permitted mine site based upon the acreage approved by t e
Department to be crffected daring the life r f the mining permit. Please insert the avL,7roximale acreage, for -each
AFFECTED
RECLAMATION
RECLAMATION
CATEGORY
ACREAGE
COST/ACRE*
COST
Tailings/Sediment Ponds:
Ac.
X
$
/Ac.
_ $
Stockpiles:
.5
Ac.
X
$
1800. /Ac.
_ $
900.
Wastepiles:
Ac.
X
$
/Ac.
_ $
Processing Area/Haul Roads:
1,75
Ac.
X
$
1800. /Ac.
— $
3150.
Mine Excavation:
11.25
Ac.
X
$
500. /Ac.
— $
5625.
Other: (Unexcavated Buffer)
2.00
Ac.
X
$
1800. /Ac.
_ $
3600.
TOTAL AFFECTED AC.:
15.50
Ac.
(TOTAL PERMITTED AC.:
15.50
Ac.)
Temporgy & Permanent Sedimentation & Erosion Control Measures:
Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into
proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be
needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands.
a) Internal Drainage 13.75 Ac.
b) Positive Drainage 1.75 Ac. X $1,500,00 = $ 2625.
SUBTOTAL COST: $ 15900.
Inflation Factor:
0,02 X SUBTOTAL COST: $ 31.8. X Permit Life( I to 10 years): 10
INFLATION COST: $ 3180.
TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 19080.
Total Reclamation .Bond Cost: $_ _ 19,000.
(round down to the nearest $100.00)
-14-

APPLICATION FOR A MINING PERMIT
• F. NOTIFICATION OF ADJOINING LANDOWNERS
The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail,
• return receipt requested, to:
• (1) the chief administrative officer of each county and municipality in which any part of the permitted
• area is located as indicated on the mine map(s);
(2) all owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor
of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are
• within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and
(3) all owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary which lie directly across and are contiguous to any highway, creek, stream, river,
or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is
owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of
tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit
boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel
or less and is not designated as an Interstate Highway.
• The only exception to the above method of giving notice is if another means of notice is approved in advance by
the Director, Division of Land Resources.
A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed
"Notice" form (the proposed overall permit boundaries and the names and locations of all owners of
record of lands adjoining said boundaries must be clearly denoted on the tax map).
The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the
Department, with the remainder of the completed application form, before the application will be considered
• complete.
� NOTES:
THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS
AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS
REQUIRED BY NCGS 74-50(bl).
SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF
• NOTIFICATION"
. -15-

NOTICE
Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that
Timothy L. Phelps has applied on i I - IS 'or Q
(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 new surface mining permit,
❑ a modification of an existing surface mining permit to add land to the permitted area; or
❑ a modification of an existing surface mining permit to add land to the permitted area with no
disturbance
in the area proposed. .Please note that future modification(s) may be submitted by the applicant to
allow disturbance within this area without re -notification of adjoining landowners.
The applicant proposes to mine Sand on 13.0 acres located 6
(Mineral, Ore) (Number) (Miles)
Southeast of Windsor off/near road SR1500 —Woodard Rd.
{Direction) (Nearest Town)(Number/Name)
in 'Direction)
County.
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(bI), the mine operator is required to make a reasonable effort, satisfactory to the
Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the
mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the
mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the
mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the
county or municipality in which any part of the permitted area is located. Any person may file written
comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the
filing of the application for a permit, whichever is later. Should the Department determine that a significant
public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day
comment period specified above.
A copy of the permit application materials is on file and available for public review during normal business hours
at the above listed address as well as at the appropriate regional office. For information regarding the specifics
(2571) 794-3496 ror information on
please contact the Mining Program staff at [phone]. Pleas
relevant written comments/documentation within the provisions o
application review process until a final decision is made on the an
S CG f17'TAC Hr;-0 9TS' -
(Addressee/Owner of Record's
Name and Address)
ite of Issuance of this Notice/
iled to Addressee/Owner of Record)
mining permit application review process,
Timothy L. Phelps
(Name o Applicant: Include Contact Person
& Company Name, if Applicable)
P. O. Box 64
Windsor, NC 27983
(Address of Applicant)
- 16 -

APPLICATION FOR A MINING PERMIT
AFFIDAVIT OF NOTIFICATION
. 1, Floyd R. Williams , an applicant, or an agent, or employee
•of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted
area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that
the following are all known owners of record, both public and private, of all tracts of land that are adjoining the
mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the
• lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining
•permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered
mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a
form provided by the Department:
(Adjoining Landowner Name) (Address)
See Attached Sheet
. (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
(Address)
106 Dundee Street
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 5B .0004(d). I
understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices
were caused to be mailed and to provide them to the Department upon request.
ignature o Applicant or Agent
Date
If person executing Affidavit is an agent or employee of an applicant, provide the following information:
Name of applicant: Wjl 1; p rr. s
Title of person executing Affidavit
1, 1C&raL I-L }4e 00. l a Notary Public of the County of _ieG. kFx), rt ,
State of North Carolina, do hereby certify tl
appeared before me this day and under oath
ve Affidavit was made by him/her.
Witness my hand and notarial seal, this 1 day of � &V- 201D.
Notary:_7..1.een.� my Commission expires: _44r.1?b 13
-17-

ArcfMS Viewer 2 Page 1 of 2
0 0 4kt*/Ov&Me&41."s�/4ti4kiWeRFWW10000000 0 0 00000000 0 01064WO00

Adjoining Property Owners —
Mt. Tract Mine, Bertie Co.
1. Alice H. James Heirs
1120 Woodard Road
Windsor, NC 27983
Pin # 6729690293
2. Shirley Bond Stewart
310 Middle Track Road
Windsor, NC 27983
Pin # 67294855
3. Beasley Farms, Inc.
P. O. Box 38
Colerain, NC 27924
Pin # 6729389609
4. Charles G. Copeland
1014 Woodard Road
Windsor, NC 27983
Pin # 6729490000
5. Bradford J. Copeland
1022 Woodard Road
Windsor, NC 27983
Pin # 6729397020
6. Beasley Farms, Inc.
P. O. Box 38
Colerain, NC 27924
Pin # 6729192520
7. William Blount Knowles
1524 Woodard Road
Windsor, NC 27983
Pin # 6820231387
8. North Carolina Dept. of Administration
State Property Office
1321 Mail Service Center
Raleigh, NC 27699
Pin # 6820555209
9. Carroll P. Tarkington TR
1141 Woodard Road
Windsor, NC 27983
Pin # 6729892729
10. Carroll P. Tarkington TR
1141 Woodard Road
Windsor, NC 27983
Pin # 6729698459
11. Weyerhaeuser Company
Timberlands Acct./Land Records
1785 Weyerhaeuser Road
Vanceboro, NC 28586
Pin # 6729524722
12. Roanoke Electric Cooperative
P. O. Drawer 1326
Ahoskie, NC 27910

APPLICATION FOR A MINING PERMIT
G. LAND ENTRY AGREEMENT
We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands
or operation during regular business hours for the purpose of making necessary meld 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: L
Print Name: Timothy L. Phelps
(Title, if applicable)
APPLICANT:
Signature:*
0
Print Name: Timothy L. Phelps
Company NIA Title: Land Owner
(If applica 1e
Address: P. O. Box 64
Windsor, NC 27983
Telephone: [phone]
Date Signed: _ p(J- X-f
Company: NIA
Mine Name: Moiuntain Tract Mine
Telephone: [phone]
Date Signed: )[,J x5 - C20/0
1
*Signature must be the same as the individual who signed Page I of this application.
One original and live (5) copies of the completed application, six (6) Copies of all location maps, mine maps
and reclamation maps, and the agaropriate processing fee (see next page for fee schedule) in the form a check
or money order payable to the North Carolina Department of Environment and Natural Resources must be
sent to the Land Qualijy Section Central Office at the address listed on the front cover of this application
form.
Inquiries regarding the status of the review of this application should be directed to the Mining Program staffat (919)
733-4574.
-18-

.APPLICATION FOR A MINING PERMIT
MINING FEE SCHEDULE
•A nonrefundable permit application processing fee when filing for a new mining permit, a major permit mortification or a renewal permit is
•required as follows:
• 0-25 acres 26+acres
•
New Permit Applications $3,750.00 $5,000.00
Permit Modifications $750.00 $1,000.00
Pen -nit Renewals $750.00 $1,000.00
• Transfers/Minor Modifications* $1"60.00 $100.00
•
•* A nonrefundable SIM.00 permit application processing fee is required for minor permit modiflcations. Minor pernift modifications include onnershlp 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 perritted area,
•outside of the minhnum permit buffer zone requirements, where no plans for mining related disturbance of the added lands have been approved. All other changes are
41considered 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 hoth.
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
• -14-
•

•
.APPLICATION FOR A MINING PERMIT
•
•
. SCHEDULE OF RECLAMATION COSTS
• (Based upon range of $500 - $5,000 per affected acre)
COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill dirt, CS = Crushed Stone,
• DS = .Dimension Stone, FS = Feldspar, M 1 = 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, Ml, 1500(FI) 2500(PD)
• Ll, PF, OL, .KY
• PH 1000(L) 2500 5000 5000 2000(L)
• 2500(FI) 5000(PD)
• CL 1000(L) 2500 5000 5000 2000(L)
2500(FI) 3700(PD)
•
PE, AU, 1000(L) 2500 3000 3500 2000(L)
• TI, OT 2500(FI) 5000(PD)
(L) = reclamation to a lake and revegetating sideslopes
• (FI) = reclamation by filling in and revegetating
(PD) = reclamation by grading for positive drainage & revegetating
• AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE
BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS
• FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO
• THE .FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh,
. North Carolina 27699-1612
• ALL L ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MI_N_IMUM:
• . 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-
•

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RNPractice Standards and Specifications
8' max, standard strength fabric with wire fence
6' max. extra strength fabric without wire fence
Steel
Post
:
Plastic
or
i
ie
wire ties
Wire
fence
Natural
ground
8" down & 4"
forward along
24"
the trench
Filter
i
fabric
24"
Wire
Cross -Section
View
Filter
5teel fabric 8ackfill trench Natural
past / and compact
t.I thoroughly ground
•; •♦ to min♦•♦•• Is .�'►
81,
• ! • of •♦ • min
so so
Figure 6.62a Installation detail of a sediment fence.
Rev. 6JOG
6.62.5

0 _­_ - � -1 - I - __ . , _76
Wehner, Judy
From: Simons, Jim
Sent: Monday, May 16, 2011 8:42 AM
To: Floyd Williams; Wehner, Judy
Subject: RE: Mountain Tract Mine Reclamation Bond - Bertie Co.
Attachments: James D Simons.vcf
Sound reason. ak.
Jim
James D. Simons
Direc tot, & State Geologist
1919; i 15-880 }
i419) 733.3833
jinn, shons 2ncdenr, g o'.r
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be
disclosed to third parties.
From: Floyd Witliams rmailto:floydwilliamsIO gmail.com7
Sent: Friday, May 13, 2011 4:34 PM
To: Simons, Jim; Wehner, Judy
Subject: Mountain Tract Mine Reclamation Bond - Bertie Co,
Jim & Judy,
1 have talked with Tim Phelps - Mountain Tract Mine applicant regarding the reclamation bond for this
mine site. The draft permit was issued on March 18, 2011 and the 60 days to get the bond in May 18. Mr.
Phelps has tried to get a reclamation bond through a number of Companies but these efforts have resulted in
him finding out that the companies have stopped issuing mine reclamation bonds He finally found a mine
reclamation bonding company in Missouri. They have the paper work - was working on it and were flooded by
the Mississippi River. Workers were not able to get to work for a number of days but Tim' papers were on the
top floor of one of the buildings. Tim ssid he talked with to the lady that was working on it I think three days
ago and she is working on getting the paper work finished.
Since the 60 days are uo on Mav 18th I am requesting that a 30 day extension be granted to have the
bond in your office. Mr. Phelps and his wife Valla own Phelps & White Constsructin <inc. in Windsor and
have had a number of mining permits throughout the years and have always been good mine operators.
Hopefully the bond will be in your office middle of next week but we are not sure.
Thanks,
Floyd

• � i
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D, Simons, PG, PE
Director and State Geologist
March 18, 2011
Mr. Timothy L. Phelps
PO Box 64
Windsor, North Carolina 27983
Re: Mountain Tract Mine (draft Permit)
Bertie County
Roanoke River Basin
Dear Mr. Phelps:
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
Your application for a mining permit for the above referenced mine site has been
reviewed but not yet approved. Enclosed is a draft of the mining permit proposed by the
Department. The conditions in the draft permit were based primarily upon information supplied
in your application. Other necessary conditions may have been added to ensure compliance
with The Mining Act of 1971.
The reclamation bond calculation worksheet submitted with the application has been
verified. The bond amount for this site is $19,000.00. The bond is required before the permit
can be issued. For your convenience, I have enclosed a bond form, an assignment of a
savings account form and an irrevocable standby letter of credit form. The name on the
security form must be the same as the name appearing on the enclosed draft permit, i.e.,
Timothy L. Phelps. In addition to one of these alternatives you may, upon request, substitute
a cash deposit.
Please review the enclosed draft permit and contact this office should you have any
objections or questions concerning the permit conditions. G.S. 74-51 provides that the
operator has sixty (60) days following the mailing of a notice of the required bond in which to
file the required surety.
The permit cannot be issued until the required security has been received. No mining
may be conducted until the permit is issued. G.S. 74.65 states that the issuance of a mining
permit does-not-upersede-vr-at# rwiise-affect- ur-preve-n"l i enf6 - Zo
regulation or ordinance duly adopted by an incorporated city or county or by any agency or
department of the State of North Carolina.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone [phone] f FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604 - Internet:http:llwww,dlrenr. state, nc.uslpagesfland qu@Iitysect'ion,html
An Equal Opportunity t Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

•
Mr. Phelps
Page Two
The North Carolina Department of Cultural Resources, State Historic Preservation
Office has expressed a desire to conduct a site inspection. Please contact Ms. Renee
Gledhill -Earley at [phone] to set up a mutually convenient date and time.
Please contact Ms. Judy Wehner, Assistant State Mining Specialist, at [phone] if
you have any questions.
Sincerely,
S
Janet S. Boyer, E
State Mining Specialist
and Quality Section
JSB/jw
Enclosures
cc: Mr. Pat McClain, PE

• 0

DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
for the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through 68, "The Mining
Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable
laws, rules and regulations
Permission is hereby granted to:
Timothy L. Phelps
Mountain Tract Mine
Bertie County - Permit No. *
for the operation of a
Sand Mine
which shall provide that the usefulness, productivity and scenic values of
all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.
MINING PERMIT EXPIRATION DATE: 2021

0

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Page 2
In accordance with the application for this mining permit, which is hereby approved by the
Department of Environment and Natural Resources, hereinafter referred to as the Department,
and in conformity with the approved Reclamation Plan attached to and incorporated as part of
this permit, provisions must be made for the protection of the surrounding environment and for
reclamation of the land and water affected by the permitted mining operation. This permit is
expressly conditioned upon compliance with all the requirements of the approved Reclamation
Plan. However, completed performance of the approved Reclamation Plan is a separable
obligation, secured by the bond or other security on file with the Department, and may survive
the expiration, revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another
operator succeeds to the interest of the permittee in the permitted mining operation, by virtue
of a sale, lease, assignment or otherwise, the Department may release the permittee from the
duties imposed upon him by the conditions of his permit and by the Mining Act with reference
to the permitted operation, and transfer the permit to the successor operator, provided that
both operators have complied with the requirements of the Mining Act and that the successor
operator agrees to assume the duties of the permittee with reference to reclamation of the
affected land and posts a suitable bond or other security.
In the event that the Department determines that the permittee or permittee's successor is not
complying with the Reclamation Plan or other terms and conditions of this permit, or is failing
to achieve the purposes and requirements of the Mining Act, the Department may give the
operator written notice of its intent to modify, revoke or suspend the permit, or its intent to
modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a
hearing at a designated time and place on any proposed modification, revocation or
suspension by the Department. Alternatively and in addition to the above, the Department
may institute other enforcement procedures authorized by law.
Definitions
Wherever used or referred to in this permit, unless the context clearly indicates otherwise,
terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49.
Expiration Date
This permit shall be effective from the date of its issuance until *, 2421.
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:
e =+. XLSAA - e it
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.

0 9

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 shall be maintained between any affected land and any adjoining
waterway or wetland to prevent sedimentation of that waterway or wetland from
erosion of the affected land and to preserve the integrity of the natural
watercourse or wetland.
B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands
shall be in accordance with the requirements and regulations promulgated and
enforced by the N. C. Environmental Management Commission.
4, A. Adequate mechanical barriers including but not limited to diversions, earthen
dikes, silt check dams, silt retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent
sediment from discharging onto adjacent surface areas or into any lake, wetland
or natural watercourse in proximity to the affected land.
B. All drainage from the affected area around the mine excavation shall be diverted
internal to said excavation.
C. Mining activities, including the installation and maintenance of all associated
erosion and sedimentation control measures, shall occur as indicated on the
mine map last revised March 10, 2011 and the supplemental information
received by the Land Quality Section on November 16, 2010, January 24, 2011
and March 14, 2011.
D. No dewatering activities shall occur at this site until proof has been
submitted to the Division of Land Resources that the Operations and
Maintenance Plan required by the Division of Water Quality has been
approved.
5. All mine permit boundaries (15.50 acres) shall be permanently marked at the site on
100-foot intervals unless the line of sight allows for larger spacing intervals.

0 0

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.
S. Existing vegetation or vegetated earthen berms shall be maintained between the mine
and public thoroughfares whenever practical to screen the operation from the public.
9. Sufficient buffer (minimum 25 foot unexcavated) shall be maintained between any
excavation and any mining permit boundary to protect adjacent property.
10. A. No on -site disposal of refuse or other solid waste that is generated outside of the
mining permit area shall be allowed within the boundaries of the mining permit
area unless authorization to conduct said disposal has first been obtained from
both the Division of Waste Management and the Land Quality Section,
Department of Environment and Natural Resources. The method of disposal
shall be consistent with the approved reclamation plan.
B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated
on -site and directly associated with the mining activity may be disposed of in a
designated refuse area. All other waste products must be disposed of in a
disposal facility approved by the Division of Waste Management. No petroleum
products, acids, solvents or their storage containers or any other material that
may be considered hazardous shall be disposed of within the permitted area.
C. For the purposes of this permit, the Division of Land Resources considers the
following materials to be "mining refuse" (in addition to those specifically listed
under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
1,
2.
3.
4.
5.
6.
on -site generated
conveyor belts
wire cables
v-belts
land clearing debris
steel reinforced air hoses
drill steel
D. If mining refuse is to be permanently disposed within the mining permit boundary,
-----rth-e-foliowhg-informatbn-must-bL--provided-to-arrd--approved-by-the-Divisi -
Land Resources prior to commencement of such disposal:
1. the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;

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Page 5
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 $*.00 *
bond, is sufficient to cover the operation as indicated in the approved application. This
security must remain in force for this permit to be valid. The total affected land shall not
exceed the bonded acreage.
14. A. Authorized representatives of the Division of Archives and History shall be
granted access to the site to determine the presence of significant archaeological
resources.
B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human
Skeletal Remains Protection Act," should the operator or any person in his
employ encounter human skeletal remains, immediate notification shall be
provided to the county medical examiner and the chief archaeologist, North
Carolina Division of Archives and History.

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Page 6
APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition
on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a
separable obligation of the permittee, which continues beyond the terms of the Mining Permit.
The approved plan provides;
Minimum Standards As Provided By G.S. 74-53
The final slopes in all excavations in soil, sand, gravel and other unconsolidated
materials shall be at such an angle as to minimize the possibility of slides and be
consistent with the future use of the land.
2. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
3. All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices and which is suitable for the proposed subsequent use
of the land.
4. No small pools of water shall be allowed to collect or remain on the mined area that are,
or are likely to become noxious, odious or foul.
5. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule
included in the plan, which shall to the extent feasible provide reclamation simultaneous
with mining operations and in any event, provide reclamation at the earliest practicable
time after completion or termination of mining on any segment of the permit area and
shall be completed within two years after completion or termination of mining.
RECLAMATION CONDITIONS:
Provided further, and subject to the Reclamation schedule, the planned reclamation
shall be to restore the mine excavation to a lake area and to grade and revegetate the
adjacent disturbed areas.
I2. The specifications for surface gradient restoration to a surface suitable for the planned
A. The lake area shall be excavated to maintain a minimum water depth of four feet
measured from the low water table elevation.

• 0 Page 7
B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1
vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the
water line.
C. Any areas used for wastepiles, screening, stockpiling or other processing shall
be leveled and smoothed.
D. No contaminants shall be permanently disposed of at the mine site. On -site
disposal of waste shall be in accordance with Operating Condition Nos. 10A
through D.
E. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. Reve etation Plan:
After site preparation, all disturbed land areas shall be revegetated as per Revegetation
Plan approved by Mr. Floyd R. Williams, PG, of Williams Environmental and Geological
Services, PLLC on November 15, 2010 with the following stipulations:
All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibs/acre
and anchored appropriately.
Whenever possible, disturbed areas should be vegetated with native warm season
grasses such as switch grass, Indian grass, bluestem and gamma grass.
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 * day of March, 2011.
By:
-.—James--D: -Simons Director___
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources

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ON WILLIAMS
��1I� 1?€��is•c.s€€n3c�€i€�€I � C.�cc�li��ic��l Sc.r��ice�� €� s.s
March 11, 2011
Mr. Robert D. Patterson, PE
Environmental Engineer
NCDENR
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
RE: General Permit No. NCG020000
Mountain Tract Mine NCG020787
Bertie County
Dear Mr. Patterson,
P.O. Box 190 J BATii, NC 27808
% R 14 "2
[phone]
This letter is in response to your February 14, 2011 letter to me regarding
additional information needed for the NPDES General Permit NCG020000 application
that you received on February 4, 2011 for the Mountain Tract Mine in Bertie County.
on:
Following is responses to the three items that you requested additional. information
1. I have enclosed a revised mine map, an aerial photo map with 5' and 2' contour
intervals which identifies the surface waters and wetlands. The aerial photo contour
map submitted with the original application had an incorrect scale. The aerial photo
contour map included in this submittal is correct. In the General Permit Application
I checked that there were no wetlands within 400' of the pit area. That resulted
from measurements taken early on in the permit process. After further
investigations it was determined that the closest wetlands are at 367' from the pit.
This is a small area with the remaining wetlands being 400+ feet from the pit.
2. I have enclosed a cross-section of the pit from the Northwest to the Southeast which
includes a 100' by 600' dewatering pond. I have also reduced the maximum depth
of the pit to 40'

0 0

•
Page 2
3. The mine map has been revised to show a 100' by 600' foot dewatering pond within
the permit boundary along the wetlands closest to the pit area. The pond will be
excavated to a depth of 20 feet with a 3 horizontal to I vertical slope to the water
line and 2 horizontal to 1 vertical slope to bottom of excavation along the outside
slope. A 6" discharge/overflow pipe and a stilling basin with a level spreader (See
details) is proposed for the discharge point of the pond. This will be the area that is
excavated first and the pond will not be dewatered.
I have included two copies of the revisions and additional information. I feel
that the measures proposed to protect the wetlands are adequate. If you have any
questions please give me a call.
Sincerely,
loyd R. Williams, PG, CPG, CPESC
Eric: Revised Mine Maps
Cross -Section of Mine
Aerial Photo Contour Map
Cc: Tim Phelps

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•
•
Wenner, Judy
From: Novak, Gary
Sent: Monday, January 31, 2011 1:25 PM
To: Wehner, Judy
Cc: Mcclain, Pat
Subject: Mountain Tract Permit# 08-26
Attachments: Gary A Novak.vcf
Judy,
I do not have any further comment for the above mine permit application.
Please call if you have any questions.
i
Gary A. Novak
NC Depa*tment of BiJronment ane, Hlat iral Re.., 3
,n'•:''xor irrental Senior Specialist i
i
3
t'Jorth Carolina Deptartment of t;7t-iroriment 5& .. i
943 '+ ashrisigton Square t*tail
'E,ashington� Uorti3CAroina2738Q
-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may he disclosed to Third parties

0 0

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�"�"► WILLIAMS
January 21, 2011
Ms. Judy Wehner
Assistant State Mining Specialist
Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
1612 Mail Service Center
Raleigh, NC 27699-1612
Dear Judy:
P.U. Box 190 j BATI1, NC 27808
[phone]
W WW. WILLIAmsEGS.com
JAN 2 �. 11
RE: Letter Requesting Additional Information
Mountain Tract Mine --- Bertie County
This letter is in response to your December 14, 2010 letter requesting additional
information for the Mountain Track Mine Application in Bertie County.
Following is a response to each of the information requests:
1. The return receipts, etc. were mailed to you on December 14, 2010.
I:' Two copies of a revised mine map are enclosed with a legible location map.
The Mine Map has been revised to show existing disturbance at the site and
duck impoundments. Affected areas of the small pond shown on map will be
reclaimed under a reclamation plan approved by the Land Quality Section's
Washington Office.
As discussed with you, a pond cross-section on the mine map did show the 3
f horizontal to 1 vertical or flatter side slope to the waterline.
S. As mining excavation approaches the pit limits, the stated side slopes will be
provided. Also, the applicant owns all land surrounding the pit with hundreds
of feet between the pit limits and adjoining properties.
If you have any questions regarding these responses, please contact me.
Sincerely,
Floyd R. Williams, PG, CPESC, CPG
cc: Mr. Tim Phelps
Enc. 2 Copies of revised mine map

• e

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section�, r
James D. Simons, PG, PE Beverly Eaves Perdue,-Cvovemor
Director and State Geologist Dee Freeman, Secretary
January 12, 2011
Certified Mail
Return Receipt Requested
7008 1300 0000 1130 9447
Mr. Timothy L. Phelps �.._
PO Box 64 •::'
Windsor, North Carolina 27983
RE: Mountain Tract Mine
Bertie County
Roanoke River Basin
Dear Mr. Phelps:
We have reviewed the application you submitted for the above referenced mine site.
However, the following information is needed to continue processing your application:
1' As previously requested, provide a legible location map.
21/"" As previously requested, revise the mine map to show existing disturbance at the
site and duck impoundment. If the existing disturbance is mining related, include
within the permit boundary or provide a reclamation plan for said disturbance.
3. AS previously requested, provide proof a 25 foot unexcavated buffer is sufficient to
protect adjoining property when mining to a depth of 45 feet
Please be advised that our review cannot be completed until all of the items listed above
have been fully addressed.
In order to complete the processing of your application, please forward two (2) copies of
the requested information to my attention at the. following address:
Land Quality. Section
Division of Land Resources
Department of Environment and Natural Resources
1.612 Mail Service Center
Raleigh, N. C. 27699-1612
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone [phone] FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604 - Internet:http://www.dlr.enr,state.nc.us/pages4andqualitysection.html
An Equal opportunity I Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

ti-
Certified Mail,
Mr. Phelps
Page Two
As required by 15A NCAC 5B.0013, you are hereby advised that you'have 180 days from
the date of your receipt of this letter to submit all of the requested information. If you are unable
to meet this deadline and wish to request additional time, you must submit information, in writing,
to the Director clearly indicating why the deadline cannot be met and request that an extension of
time be granted. If an extension of time is not granted, a decision will be made to grant or deny
the mining permit based upon the information currently in the Department's files at the end of the
180 day period. _
Though the preceding statement cites the maximum time limit for your response, we
encourage you to provide the'additional'information.requested by this letter as soon' as possible.
Your prompt response will help us to complete processing your application sooner.
Please contact me at [phone] if you have any questions.
cerely,
Judith A. Wehner
Assistant State Mining Specialist
Land Quality Section
cc: Mr. Pat McClain, PE
Mr. Floyd Williams, PG -- Williams Environmental, PO Box 190, Bath, NC 27808

A41NING CHECKLIST FOR ROUTING
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❑ Dlvt M of water Resourers Daft: Round Reed
❑ NC Wfldlt fa Rrsm = CmrunlSston Date: Rautrd Reed
❑ US Fish & Wdgft taeMU Date: ROW Read
(only Pere ayylt eou and modocatton requests that add W to theyerwt)
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Date RIUNcd: / l�
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❑ Transfar ❑ Release
❑ Fa Needtd: ❑ Fee RCCCIYCd: $
❑
Dtddon o f PokS do Rumatfon Date:
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❑
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ROW
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❑
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Red
❑
DtviM of Soil & water Constrvaiimt (ybcs LEA) Date.
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❑ Dtddon OAT kffl & Mftory
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Date: Roussel Rte d
* *SMyeW Date fir COtilittni S: tN (na later than zs days from receyt)
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• 0
♦ % WILLIAMS P.O. Box 1901 BAT11. NC 27808
Vlof Environmental & Geological Services i-i-w. [phone]
December 14, 20tO
Ms. Judy Wehner
Assistant State Mining Specialist RECEN��
Department of Environment and Natural Resources
Division of Land Resources DEC 1 �4��
Land Quality Section
1612 Mail Service Center QIJAI~1T'� SECTION
Raleigh, NC 27699-1612
Re: Mountain Tract Mine
Bertie County
Dear Judy:
Enclosed are copies of Returned Receipts for adjacent property owners of Mountain
Tract Mine. Please let me know if you need anything else.
With best regards.
Sincerely,
Kay Williams
Enclosures:
Mountain Tract Mine Adjacent Property Owner List
Adjacent :Property Owner Returned Receipts

Adjoining Property Owners --
Mt. Tract Mine, Bertie Co.
1. AIR* H,/lames Heirs
1120.,Woodard Road
Windsor, NC 27983
Pin # fi7296690293
2. Shirley,Bond Stewart
310 Middle Track Road
Windsor, N,C 27983
Pin # 67294855
7009 2820 0060 6216 8434
3. Bea ey arms, Inc.
P. O. Box 38
Colerain, NCB 27924
Pin # ,6729389609
�Y�
4. Charles G.lCopeland
1014 Woodard Road
Windsol,- NC, 27983
Pin # 6729490000
5. Bradford J. Copeland
1022 Woodard Road
Windsor!, NC 27983
Pin # 6729397020
.11
6. Batley farms, Inc.
P. 0. Box'38
Colerain;'NC 27924
Pin # 6129.192520
7. WilliaBlop.t Knowles
1524 Woodard Road
Windsor,/NC\ 27983
Pin # 682 2"31387
8. North Carolio Dept. of Administration
State `Property Office
1321 Mail/Service Center
Raleigh% ANC 27699
Pin #A6820555209
•
9. Carroli'P. Tarkington TR
1141 Woodard Road
Windsor, NC 27983
Pin # 672b892729
J,
10. CarroirP,,Tarkin9 ton TR
1141 Woodard Road
Windsor NC 27983
Pin #, fi729698459
11. Weyerhaeuser Company
Timberlands' Acct./Land Records
1785 Weyerhaeuser Road
Vanceboro,.NC 28586
Pin # .6 29524722
12. RoanoElectric Cooperative
P. O. Drawer\1326
Ahoskie,,'NC 27`910

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Alice H.-James Heirs
1120 Vlfoodard Road
Wind NC 27983 9. servrc s
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. ❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.Q.D. � €�
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1 2. Article Number - -
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PS Form 3811, February 2004 Domestic Return Receipt 1025954)2 1540 . i
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241 7
UNtTEDST/�TES home I � I
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LabellRecelpt Number. 7008 2820 0000 6216 8434 Track &Confirm
Expected Delivery Date: November 16, 2010
Class: First -Class Mail Enter label/Receipt Number,
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Return Receipt
Status: Unclaimed ao>
Your item was returned to the sender on December 04. 2010 because it
was not claimed by the addressee.
Detailed Results:
• Unclaimed, December 04, 2010, 3:04 pm, WINDSOR, NC
• Notice Left, November 22, 2010, 6:11 am, WINDSOR, NC 27983
• Notice Left; November 16, 2010, 12:38 pm, WINDSOR, NC 27983
• Arrival at Unit, November 16, 2010, 7:50 am, WINDSOR, NC 27983
• Acceptance, November 15, 2010, 2:22 pm, WASHINGTON, NC 27889
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I Print your name and address on the reverse
so that we can ietum the card to you.
I Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
r �?
Beasley Farms, Inc.
P. Q. Box,38
Coleraini,NC 27924
A.
❑ Agent
a. Rec d by (Prfn W e) C. Date f Deli,
Irj
D. Adelivery address different from fiem 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3. Service Type
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4. Restricted Delivery? (Extra Fee) ❑ Yes
ArticleNumber 7009 2820 DODO 6216 0681
(transfer from service label) -- --- --
'S Form 3811, February 2004 Domestic Return Recelpt 102595-02-M-1540
Complete Items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
a Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
Charles G. Cop land
1014 Woodard Road
Windsor, NC 27983
;a
A. Signature
X ❑ Agent
❑ Addressee
B. Reqalve b [Prfnte ameJ C. Date.of Delivery
7 r-yL
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below:
pp ❑ No
as " t
3. Service Type
❑ certified Mail ❑ Express Mail
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4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7009 2820 0000 6216 8458
(Ranter from service feA.
Ds Form 3811' February 2004 Domestic Return Receipt _ , ,;d. 102595.02-M-1540 ;
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1. Article Addressed
� to:!
�; '000,�
A. Signal fe
❑Agent
�— ❑ Addressee
-. <aoakmd by ( nfad Name) C. D g o Delivery
D. Is dellvory iaddress different from Item 1? fJ Yes
if YES, enter delivery address below: ❑ No
3. Service Type
❑ Certified Mall ❑ Express Mall
❑ Registered ❑.Retum Receipt for Merchandise
❑ Insured Mall ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7010 1870 0001 2291 8584
(Ransfer from service labeo
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-`1540

■ Complete Items 1, 2, and 3. Also complete
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f Print your name and address on the reverse
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Article Addressed to:
A.
X
❑ Agent
BU0-1
ived by ( Printed Name) C. Date of Delivery
t_ K.�orjl IIpoo
D. Is delivery address different from Rom 1? ❑ Yes
If YES, enter delivery address below: ❑ No
C..
William Blount Knowles
1524 Woodard'Road 3. Service Type
Windsor, NGt 27983 ❑ Certified Mail ❑ Express Mail
❑ Registered ❑ Return Recelpt for Merchandise
❑ insured Mail ❑ C.O.D.
4. Restricted Delivery? Prtra Fee) ❑ Yes
2. Article Number 7009 2820 0000 6216 0698
P?ansfer from service label)
2S Form 3811, Februa 2004 Domestic Return Receipt 102595-02-M-1540
I Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
I Print your name and address on the reverse
so that we can return the card to you.
I .Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
Bradford J. Copeland
1022 Woodgrd Road
Windsor, NC du,.
A. Signatu
X
❑ Agent
❑ Addressee
S. eI ed y (Prfnta )
C• Date of Delivery
P
I 1
!4 1v
D. Is delivery address different from Item 1?
❑ Yes
if YES, enter delivery address below:
❑ No
04
3. Service Type
❑ certmed Mall ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
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4. Restricted Dellvery? (Extra Fee)
❑ Yes
Article Humber - _---
(ltansferfmmservice label) 7009 2820 0000 6216 8472
S Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
rrER: COMPLETE THIS SECTION COMPLETE THIS SECTIONON
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Attach this card to the back of the mallpiece,
or on the front if space permits.
Article Addressed to:
North Carolina Dept. of
Administration
State Property Office
1321 Mail Service Center
Raleigh, NC 27699
D. Is A
Yes
Tr `� No
NQy
3. Service 7j1*
Ce Mail ❑Express Mall
March
❑ Insu
4. Restricted Delivery? (Extra Fee) Yes
Article Number T 7009 2820 0000 6216 0704
(ftrrsfer from service !abet)
S Form 3811, February 2004 Domestic Return Receipt 102595.42-M-154D

■ Complete items 1, 2, and 3. Also complete I 46111gnureItem 4 If Restricted Delivery is desired. ❑ Agent
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* Attach this card to the back of the mallplece, r
or on the front If space permits. SU L
I. Article Addressed to: D. 11 Is iffererd from item 1? ❑ Yes
, e er del&W ddresssglo, ❑ No
Roanoke Electric Cooperative Nov 18 Zulu
P. 0. Drawer 1326 Service Type
Ahoskie, NC 27910 Cert l pre
❑ a ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
Article Number
4. Restricted Delivery? (t dra Fee} ❑ Yes
>.. (7009 2820 0000 6216 8465
(Transfer from service labelj
�S 1=orn1 381I-Enhnrnry 9nnA n.,,n,.,r,lln.Ll..k.+m---- - -
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so that we can return the cad to you.
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or on the front if space permits.
Article Addressed to: •
i
Carroll P. Tarkington TR
1141 Woodard Road
Windsor, NC 27983
A. Sign tur9
B. Rece %1Pdnted ame) G. Dam of Delivery
d.
D. Is delivery addressHferent from Rem 17 ❑ Yes
If YES, enter delivery address below: ❑ No
aQ
3. Service Type
❑ Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ insured Mall ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number - -- - — --
(Transfer from service raber} 700 9 2820 0000 6 216 0 711
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
Complete Items 1, 2, and 3. Also complete
Item 4 If Restricted Delivery is desired.
N Print your name and address on the reverse
so that we can return the card to you.
11 Attach this card to the back of the mallplece,
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1. Article Addressed to:
❑ Agent
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If YES, enter delivery address below: ❑ No
1 1
Weyerhaeuser, Company
Timberlands Acct./Land Records
Service 1j pe
1785 Weyerhaeuser Road ❑ Certified Mail ❑ Express Mall
Vanceboro, NC 28586 ❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. (rams Numberfrom 7009 2820 0000 6216 0728 ---
(Transfer from service label}
PS Form 3811, February 2004 Domestic Return Receipt 102585.02-M-1540

0
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandbeck, Administrator
Beverly laves Perdue, Governor Office of Archives and History
Linda A. Carlisle, Secretary Division of Historical Resources
Jeffrey J. Crow, Deputy Secretary David Brook, Director
December 20, 2010
3.
MEMORANDUM
TO: Brenda Harris
Land Quality Section
Division of Land Resources, NCDENR
FROM: Peter Sandbeck
SUBJECT: Mining Permit Application for Timothy L. Phelps, Mountain Tract Mine, Bettie County,
ER 10-2159
Thank you for your Memorandum of June 22, 2010 received in our office on November 19, 2010. We have
reviewed the mining permit application listed above and offer the following comments.
The proposed mine is located within an upland setting near the Cashie River. Presently, there are no previously
recorded archaeological sites located within the general project area. The project area is, however, located
within a high probability area for archaeological resources.
Given the location of the proposed nine, our office wishes to conduct a site inspection. We will notify Mr.
Phelps that we will perform an on -site inspection for the Land Quality Section in the near future. We will
contact him to schedule the visit and provide notification to the Land Quality Section in case one of your field
representatives would like to be present.
We have determined that the project as proposed will not have an effect on any historic structures.
While we note that this project review is only for a state pernut, 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 comments,
please contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579. In all future
communications concerning this project, please cite the above -referenced tracking number.
cc: Timothy L. Phelps
Location: 109 Last Jones Street, Raleigh NC 27601 Mailing Address: 4017 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]o7-0599

0
CEIVE6
VE

rC6-E R
North Carolina Department of Environment and Natural Resources
Division of Soil & Water Conservation
Beverly Eaves Perdue Patricia K. Harris
Governor Director
Memorandum
To: Brenda M. Harris, Mining Program Secretary
Division of Land Resources
From: Natalie Woolard, Technical Services Section Chieff
Date: 12/20/ 10
Subject: Mountain Tract Mine
Bertie County
Dee Freeman
Secretary
NC Division of Soil and Water Conservation has reviewed the Timothy L Phelps/Mountain Tract
Mine permit application for a new mining permit. The portion of the property to be mined is
adjacent to a permanent Conservation Reserve Enhancement Program (CREP) easement.
However, the application does note the proximity of the easement and a site visit revealed the
flagged area to be mined is in fact outside the easement. Also, access to the mine area is outside
of the easement. The CREP database does not reflect said property being enrolled in a
conservation easement. Therefore NC CREP has no programmatic concerns with moving
forward with this permit modification request.
Please contact me should you have any questions or concerns at 252-948-3902.
EIVED
DEC 22 2010
1614 Mail Service Center, Raleigh, North Carolina 27699-1614
Phone: [phone] FAX: [phone] Internet: www.enr.state.nc.uslDSWC
An Equal Opportunity 1 Affirmative Action Employer
NaAtrallb,
oneCarolina

Vaughan, Kent
From: Vaughan, Kent
Sent: Tuesday, December 07, 2010 11:57 AM
To: Woolard, Natalie
Subject: mine application
On Dec. 3, 20101 reviewed The NEW mining application for Mountain Tract Mine/Timothy L. Phelps in Bertie Co. A site
visit revealed NO CREP enrollment on the property. Mr. Phelps is the property owner, and according to district staff and
CREP data base does not have CREP on this tract of land.
Kent Vaughan
NCSWC Environmental Specialist
943 Washington Square Mall
Washington, NC 27889
252-948-3904

• AT, •
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
November 16, 2010
MEMORANDUM
TO: Ms. Natalie Woolard
Application Review Coordinator
Division of Soil and Water Conservation
FROM: Brenda M. Harris
Mining Program Se ry
Land Quality Section
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
RECEIVED
SOIL & WATER CONSERVATION
SUBJECT: Mining Permit Application for Timothy L. Phelps
Mountain Tract Mine
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
December 10, 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
Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner [phone] if
you have any questions.
/bmh
cc: Mr. Pat McClain
1612 Mail Service Center, Raleigh, North Carolina 27699.1612 •919-733-4574 / FAX: [phone]
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, PG, PE
Director and State Geologist
December 14, 2010
Certified Mail
Return Receipt „Requested
7008 1300 0000 1130 9463
Mr. Timothy L. Phelps
PO Box 64
Windsor, North Carolina 27983'
RE: Mountain Tract Mine
Bertie County
Roanoke River Basin
Dear Mr. Phelps:
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
We have reviewed the application you submitted for the above referenced mine site.
However, the following information is needed to continue processing your application:
1.1" Provide proof, such as copies of the signed return receipts from certified mail,
that the adjoining landowners and county manager have been properly notified.
2. Provide a legible location map.
3. Revise the mine map to show existing disturbance at the site and duck
impoundment. If the existing disturbance is mining related, include within the
permit boundary or provide a reclamation plan for said disturbance.
4. Revise the cross section for final reclamation to show a minimum of 3 horizontal
to 1 vertical or flatter side slope to the water line.
5. Provide proof a 25 foot unexcavated buffer is sufficient to protect adjoining
property when mining to a depth of 45 feet
Please be advised that our review cannot be completed until all of the items listed
above have been fully addressed.
In order to complete the processing of your application, please forward two (2) copies
of the requested information to my attention at the following address:
1612 Mail Service Center, Raleigh, North Carolina 27699.1612 • Telephone [phone] FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27644 - Internet:http://www,dlr.enr.state.nc.uslpages/landqualitysection.html
An Equal Opportunity ! Affirmative Action Employer — 501/6 Recycled / t 0% Post Consumer Paper

Certified Mail
Mr. Phelps
Page Two
Land Quality Section
Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, N. C. 27699-1612
As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days
from the date of your receipt of this letter to submit all of the requested information. If you are
unable to meet this deadline and wish to request additional time, you must submit information,
in writing, to the Director clearly indicating why the deadline cannot be met and request that an
extension of time be granted. If an extension of time is not granted, a decision will be made
to grant or deny the mining permit based upon the information currently in the Department's
files at the end of the 180 day period.
Though the preceding statement cites the maximum time limit for your response, we
encourage you to provide the additional information requested by this letter as soon as
possible. Your prompt response will help us to complete processing your application sooner.
Please contact me at [phone] if you have any questions.
cerely,
1�kL
J dith A. Wehner
Assistant State Mining Specialist
Land Quality Section
cc: Mr. Pat McClain, PE
Mr. Floyd Williams, PG -- Williams Environmental, PO Box 190, Bath, NC 27808

ATk ;MA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E.
Director and State Geologist
November 16, 2010
MEMORANDUM
TO: Mr. Peter M. Benjamin
Application Review Coordinator
U.S. Fish and Wildlife Service
FROM: Brenda M. Harris
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Application for Timothy L. Phelps
Mountain Tract Mine
Bertie County
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
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
December 10, 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
Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner (919) 733-
4574 if you have any questions.
/bmh
cc: Mr. Pat McClain
RECEIVED
DEC 08 2O10
SECTION
Npy
19 2010
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

0 •
Wehner, Judy
From: Novak, Gary
Sent: Monday, December 06, 2010 1:32 PM
To: Wehner, Judy
Cc: Mcclain, Pat
Subject: Mountain Tract Mine 08-26
Attachments: Gary A Novak.vcf; DAQcommentsMountainTractPhelpsBertie.jpg; 08-26 DLR - DWQ Review
Sheet 2010 (2).pdf
Judy,
Please find below the following comments for the above mention mine permit application: Site was
field reviewed on 11 /23/2010
Adjoining area was previously mined prior to this current excavation. Land use prior to mining, is
agriculture.
Vicinity map difficult to read location of mine. Please revise
Show adjoining land disturbance as part of the mine or provide reclamation plan. Also, show
the duck impoundment just northeast of the haul road.
Provide a construction entrance pad at the entrance of the haul road.
Proposed buffer widths are 25 feet wide. Recommend 2X the depth -proposed depth 45 feet
the buffers should be 90 feet.
Please contact me if you have any questions,
Gary A. Hovak
NC Department of Environment and Nate 4 'Re...
Envirosunental Senior Speaalitt
252-946-648.1 ext. 3960 Mork
gary, nova?,`�racd.enr. go
MY111 W�I
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties

MINING PERMIT APPLICATION REVIEW 1=CJRM
`or the
DIVISION 4F AIR QUAL1 T Y
arc;r?�:,�,�1:,^;�er fr.;•�:
—Oue gate for Comments Back .o Land Quality Section: X:�' '- %- 62C)/(I
gig!?cuW
W;H :"e cceratien, as p-rC-cs2-J, violata s:ancares cf air--
Cc^^.erts:
YES
�.r, �et„lir: ,-eWurrec
'.;i ..errnii ex15iinc
ulV?r V-rn llents.
;�er�fli r 1
Reviewed
t1E-
9 U
DAQ WARD

Pant this form to PDF . Return PDF of this forpLR CO by email. cc DLR RO and DWQ 5PU
MINING PERMIT APPLICATION REVIEW FORM
for the
DIVISION OF WATER QUALITY
THIS SECTION TO BE FILLED OUT BY DLR:
Project Name: Mountain Tract Mine DLR Permit #: 08-26
County: certie Address: floyd(cDwilliamsegs.com
YES NO Date Commencing
Is this mine a new mine? r r
Have land disturbing activities
started? Date? r% r
Latitude:35.9306 Longitude:-76.8863
Please return comments to (at DLR CO): Judy Wehner
Comments due by: 12/10/10
SECTION BELOW TO BE FILLED OUT BY DWQ:
Is the RO concerned that the operation, as proposed, would violate standards of water quality? No
Comments: Mine application notes that a dewatering permit has been requested. An approved NCG02
dewatering permit, as well as an approved O&M Plan are required prior to dewatering activities.
Watershed/Stream Name & Classification: UT & Wetland of the Roanoke River: C:SW.
DWQ Compliance Status of Mine: OK
YES NO
NPDES permit required?
Approval required prior to
I"`
dewaterin activit
NPDES permit existing?
r (Permit # )9.
If an NPDES permit is not required, is DWQ
still concerned about wetland degradation
is ;
by dewatering?
Should permittee contact DWQ RO
RO Contact Name: Thom Edgerton_
immediately? (e.g. to schedule a site visit if
63
r
mine has already begun digging or is
Contact Reason: O& M Plan Approval
Cont ct Rea
dewatering without DWQ permit)
401 Wetland Cert. required?
it '
r
401 Wetland Cert. existing?
T" Permit #
Does DWQ RO currently have enough
information to determine if a 401
Rev September 2010

Print this form to PDF M Retum PDF of this fordWLR CO by email. cc DLR RO and DWQ SPU
certification is required?
Rev September 2010

Print this form to PDF . Return PDF of this fo*LR CO by email. cc DLR RO and DWQ SPU
YES NO
Are wetlands disturbed at this site?��
Does DWQ RO suspect or know of nearby
r
wetlands to the site?
Is a wetland delineation required prior to
_r _` By:,r_IiJD or r_.Consultant
DWQ issuing the..permit?
Onsite?Or _.Offsite?
"
Stream Determination Needed?
I✓
Stream Determination Completed?
Does DWQ RO need a statement that no
wetlands/streams are disturbed
r
for this project from applicant?
Buffer Determination Needed?
r i
r
Buffer Determination Completed?
r
Recycle system permit existing?*
Permit #
New Recycle System permit required?*
r
Enough information to determine?
Non -discharge permit existing?*
#
{
Will wastewaters discharge to HOW waters
7Q10
Unknown (permittee determine):
with a 7Q10=07 **
Flow:
:Has Violation
O&M Requirements
Does DWQ require DLR to hold the permit
HQW/7Q10 Concerns
(e.g. so DWQ can, review it further or
because DWQ requires more information)?'JOther.
Reason:
RO contact:
Ez Hold Until:
Mine must wait to dewater until an O&M
i✓
t-
plan is approved?
*The NPDES SW and WW Permit NCG020000 covers closed -loop recycle systems,deslgned to exclude all stormwater run-off from
the system and o erate at or below two -feet of freeboard. Theses stems maK be germitted by a Non-dischar a Regycle System
Permit from the Aquifer Protection Section (APS). OR may instead be permitted under NCG020000 to eliminate an additional permit.
Recvcle systems that do not meet those criteria are considered discharainq systems. and are subiect to the NCG020000 discharge
permit.
**To obtain 7Q10 flows, permittees must contact the DWQ Stormwater Permitting Unit. If DWQ does not have a flow estimate for a
specific stream, permittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for
more information on obtaining a 7Q10 flow. USGS will not determine a 7Q10 flow for tidally influenced water bodies.
Reviewed by:
DWQ RO Surface Water: Thom Edgerton Regional Office: WaRO Date: 12/3/10
RO Aquifer Protection Section: David May Regional Office: WaRO Date: 12/3/10
SPU DWQ Central Office Reviewer (if applicable):
Rev September 2010

Beverly Eaves Perdue
Governor
MEMORANDUM
NCDENR
North Carolina Department of Environment and Natu
Division of Marine Fisheries
Dr. Louis B. Daniel III
Director
TO: Kevin Hart
Habitat Alteration Permit Reviewer
Division of Marine Fisheries, Washington Reg. Ofc.
FROM: Anne Deaton, Chief
Habitat Protection Section
Division of Marine Fisheries
SUBJECT: Mining Permit Application
APPLICANT: Timothy L. Phelps
Mountain Tract Mine
PROD. LOCATION: Bertie County
DUE DATE: December 10, 2010
F@:Z'm OWE
r DEC 0 6 2010
r PAWWROTECTION
0
Dee Freeman
Secretary
DEC 10 ppto
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: 010
3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 One
Phone: 252M8-8D661 FAX: [phone] Internet: www,ncdmf,net NorthCarojina
An Equal Opportunity 4 Afrmalive Action Employer 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
November 16, 2010
MEMORANDUM
TO: Ms. Anne Deaton
Habitat Protection Section
Division of Marine Fisheries
FROM: Brenda M. Harris
Mining Program Secreta
Land Quality Section
SUBJECT: Mining Permit Application for Timothy L. Phelps
Mountain Tract Mine
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 December 10, 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: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

OEM

Beverly Eaves Perdue
Governor
MEMORANDUM
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Thomas A. Reeder
Director
December 07, 2010
TO: Judy Wehner
Land Quality Section
FROM: Paul Williams
Ground Water M agement Section
Division of Water Resources
SUBJECT: Comments on the Mining Permit Application Request for:
Timothy L. Phillips
Mountain Tract Mine
Bertie County
Dee Freeman
Secretary
RECEi°Jt
DEC072010
1_AND QUALITY
MINING PROGRAM
Please find attached a copy of the mining permit application request for the above referenced project.
The Mountain Tract Mine located in Bertie County does not appear to have an unduly adverse effect on ground
water supplies. The mine will need to register their water withdrawals since their withdrawals (500,000 gpd)
are over 100,000 gpd. The registration form may be obtained off of the www.ncwater.ora website.
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 April 1 for the previous
year.
If you have further questions please contact the Division of Water Resources at [phone] or send
correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611.
1611 Mail Service Center, Raleigh, North Caro4ina 27699-1611
Phone: [phone] FAX: [phone] Internet: www.ncwater.org
NorthCarolina
An Enual Onoodunity l Affirmalive Ar:linn Emdnver - 50% Rrrcvcled L 10% Pall Consumer Pacer

A7 iZA.
NCDENR
North Carolina Department of Environment and Natura
Division of Land Resources
Land Quality Section
James D. Simons, P.O., P.E.
Director and State Geologist
November 16, 2010
MEMORANDUM
TO: Mr. Nat Wilson
Habitat Hydrogeology Group
Division of Water Resources
FROM: Brenda M. Harris
Mining Program Secre ary
Land Quality Section
SUBJECT: Mining Permit Application for Timothy L. Phelps
Mountain Tract Mine
Bertie County
® Mine Dewatering Proposed
Resources
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
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 December 10, 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 [phone] if
you have any questions.
Ibmh
Attachments
w
cc: Mr. Pat McClain
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

j 44,1 4 i. -

Wehner, Judy
From: Edgerton, Thom
Sent: Friday, December 03, 2010 2:51 PM
To: Novak, Gary; Wehner, Judy
Cc: Dumpor, Samir; May, David; Jones, Jennifer
Subject: Mountain Tract Mine - 08-26 - Bertie Co.
Attachments: 08-26 DLR - Water Quality Review Sheet 2010.pdf
Hello,
Please see the attached and let me know if any additional information is needed. Dewatering Permit and O&M Plan
approvals are required prior to mine dewatering activities.
Thanks,
Thom
Thom Edgerton
Environmental Engineer
NCDENR - DWQ - Surface Water Protection Section
Washington Regional Office
[phone] Phone
[phone] Fax
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Print this form to PDF • Return PDF of this fo*LR CO by email. cc DLR RO and DWQ 5PU
MINING PERMIT APPLICATION REVIEW FORM
for the
DIVISION OF WATER QUALITY
THIS SECTION TO BE FILLED OUT BY DLR:
Project Name: Mountain Tract Mine DLR Permit #: 08-26
County: certie Address: [e-mail]
YES NO Date Commencing
Is this mine a new mine? r I✓
Have land disturbing activities
started? Date? r h
Latitude:35.9306 Longitude:-76.8863
Please return comments to (at DLR CO): Judy Wehner
Comments due by: 12/10/10
SECTION BELOW TO BE FILLED OUT BY DWQ:
Is the RO concerned that the operation, as proposed, would violate standards of water quality? No
Comments: Mine application notes that a dewatering permit_ has been requested. An approved NCG02
dewatering permit, as well as an approved O&M Plan are required prior to dewaterinq activities.
T
Watershed/Stream Name & Classification: UT & Wetlandof the Roanoke River: C;SW.
DWO Compliance Status of Mine: OK
YES NO
NPDES permit required?
t✓ ,Approval required prior to
r
dewaterin activit
NPDES permit existing?
r {Permit # }
I✓
If an NPDES permit is not required, is l]WQ
still concerned about wetland degradation
..i
r
by dewatering?
Should permittee contact DWQ RO
(2' RO Contact Name: Thom Edgerton
immediately? (e.g. to schedule a site visit if
[phone]
�
mine has already begun digging or is
Contact Reason: O& M Plan Approval
dewatering without DWQ permit]
401 Wetland Cert. required?
�.
401 Wetland Cert. existing?
Permit #
f-
Does DWQ RO currently have enough.,,
I
Information to determine if a 401
Rev September 2010

Pant this form to PDF . Return PDF of this fo1.DLR CO by email. cc DLR RO and DWQ SPU
certification is required?
Rev September 2010

Print this form to PDF . Retum PDF of this 10*DLR CO by email. cc DLR RO and DWQ SPU
YES NO
Are wetlands disturbed at this site?'
Does DWQ RO suspect or know of nearby
i✓
r
wetlands to the site?
Is a wetland delineation required prior to
'
r,i By:;r-,jD or 7 -Consultant
-
fiDWQ
issuingthe permit?
i_
,
.--_.Onsite. Or .__Ofsite?
Stream Determination Needed?
Stream Determination Completed?
Does DWQ RO need a statement that no
wetlands/streams are disturbed
r
for this project from applicant?
Buffer- DetermInation.Needed?
t
Buffer Determination Completed?
r
Recycle system .permit existing?*
Permit #
r
New Recycle System permit required?*
I -
Enough information to determine?
Non -discharge permit existing?*
_.Permit #
r
Will wastewaters discharge to HQW waters
f-
7Q10
Unknown ermittee determine): r
with a 7010=0? **
Flow:
r. Has Violation
J O&M Requirements,
Does DWQ require DLR to hold the permit
HQW/7Q10 Concerns
(e.g. so DWQ can review it further or
FJOther. Reason:
t
because DWQ requires more information)?
RO contact:
Hold Until:
Mine must wait to dewater until an 0&
r
1 -
plan is approved?
*The NPDES S W and WW ermit NCG020000 covers closed-loo rec cle systems, desi ned to exclude all stormwater run-off from
the system and operate at or below two -feet of freeboard. These systems maybe Permitted by a Non -discharge Recycle System
Permit from the Aquifer Protection Section MPS). OR may instead be permitted under NCG020000 to eliminate an additional permit.
Recvcle systems that do not meet those criteria are considered discharginq systems, and are subiect to the NCG020000 discharge
permit,
"To obtain 7Q 10 flows, permittees must contact the DWQ Stormwater Permitting Unit. If DWQ does not have a flow estimate fora
specific stream, permittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for
more information on obtaining a 7Q10 flow, USGS will not determine a 7Q10 flow for tidally influenced water bodies.
Reviewed by:
DWQ RO Surface Water: Thom Edgerton Regional Office: WaRO Date: 12/3/10
RO Aquifer Protection Section: David May Regional Office: WaRO Date: 12/3/10
SPU DWQ Central Office Reviewer (if applicable):
Rev September 2010

Log In # � 7 V
DPR/RRS Mining Permit Application Review
RRS Contact:
Name of
County:
Proposed activity is is not V/ within 5 miles of a public park or recreation area.
�7'j : ni r✓
If yes, identify the park: --
Manager/agency name: Nly 3 D min
,
(contact name):
(phone; fax):
(e-mail):
�f '15�L./ ZZ /�
Review conducted by: iCI /%l Date:
PLEASE RETURN APPLICATION MATERIALS WITH YOUR REVIEW/COMMENTS.
YOU CAN ALSO E-MAIL YOUR COMMENTS TO:
Adrienne.Kuclueia(a)ncdenr.eov
THANKS!
Return form and materials to: Parks $ Rem-,
Adrienne Kuchnia
DENR/Division of Parks & Recreation NOV 24 2. 1
1615 MSC
Raleigh, NC 27699-1615 Admin`Dir Ottic;e
(Please Print on COLOR Paper)

AG
�5A
NCDENR
North Carolina Department of Environment and Natural
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E.
Director and State Geologist
November 16, 2010
MEMORANDUM
TO: Mr. Lewis Ledford, Director
Division of Parks and Recreation
FROM: Brenda M. Harris
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Application for Timothy L. Phelps
Mountain Tract Mine
Bertie County
Resources
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
December 10, 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 MAPS WITH YOUR REVIEW
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 •919-733-45741 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

• •
MINING CHECKLIST FOR ROUTING
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(oMly aw Wkdtm and modtftcattan rcgnesks that add land to the yent tt)
PkW matt,ArSt 3 MeS o f t6 ffUMUM and angl�rgUm MS to:
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(only new ayylfcattans and nm*Wum meets that add W to the yamtt)
Dtd trnt of Artkm do Hts 7 Datt: Ranted j t Z ld Rtrd
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A7iu A.
NCDENR
Narth Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Duality Section
James D, Simons, P.G., P.E.
Director and State Geologist
November 16, 2010
MEMORANDUM
TO: Ms. Maria Tripp
Habitat Conservation Program Coordinator
Wildlife Resources Commission
FROM: Brenda M. Harris
7E��
Mining Program Sec etary
Land Quality Section
SUBJECT: Mining Permit Application for Timothy L. Phelps
Mountain Tract Mine
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 December 10, 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 Wegner (919) 733-
4574 if you have any questions.
Ibmh
Attachments
cc: Mr. Pat McClain
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: [phone] -
512 North Salisbury Street, Raleigh, North Carolina, 27604

NONA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land duality Section
James D. Simons, P.G., P.E.
Director and State Geologist
November 16, 2010
MEMORANDUM
TO: Mr. Nat Wilson
Habitat Hydrogeology Group
Division of Water Resources
FROM: Brenda M. Harris
Mining Program Secre ary
Land Quality Section- -
SUBJECT: Mining Permit Application for Timothy L. Phelps
Mountain Tract Mine
Bertie County
® Mine Dewatering Proposed
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
No Mine Dewatering Proposed
Please find attached for your review a copy of the mining permit 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 December 10, 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 [phone] if
you have any questions.
/bmh
Attachments
cc: Mr. Pat McClain
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

45ENR
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
November 16, 2010
MEMORANDUM
TO: Mr. Lewis Ledford, Director
Division of Parks and Recreation
FROM: Brenda M. Harris
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Application for Timothy L. Phelps
Mountain Tract Mine
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
December 10, 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 MAPS WITH YOUR REVIEW
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: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E.
Director and State Geologist
November 16, 2010
MEMORANDUM
TO: Mr. Peter M. Benjamin
Application Review Coordinator
U.S. Fish and Wildlife Service
FROM: Brenda M. Harris
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Application for Timothy L. Phelps
Mountain Tract Mine
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
December 10, 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
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: [phone]
512 North Salisbury Street, Raleigh, [North Carolina, 27604

• A7,; •
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
November 16, 2010
MEMORANDUM
TO: Ms. Natalie Woolard
Application Review Coordinator
Division of Soil and Water Conservation
FROM: Brenda M. Harris
Mining Program Se ry
Land Quality Section
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
SUBJECT: Mining Permit Application for Timothy L. Phelps
Mountain Tract Mine
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
December 10, 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. P.lease contact Ms. Judy Wehner [phone] if
you have any questions.
Ibmh
cc: Mr. Pat McClain
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 L FAX: [phone]
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 Dee Freeman, Secretary
June 22, 2010
MEMORANDUM
TO: Ms. Renee Gledhill -Earley
Application Review Coordinator
'Archives & Histo
FROM: Brenda M. Harris
Mining Program Secretary
Land Quality Section
SUBJECT: . Mining Permit. Application for Timothy L. Phelps
Mountain Tract Mine
Bertie County
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 (91 9) 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: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

• A17A •
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Duality Section
James D. Simons, P:G., P.E. Beverly Eaves Perdue, Governor
Director and State•Geologist Dee Freeman, Secretary
November 16, 2010
MEMORANDUM
TO: Ms. Anne Deaton
Habitat Protection Section
Division of Marine Fisheries
FROM: Brenda M. Harris
Mining Program Secreta
Land Quality Section
SUBJECT., Mining Permit Application for Timothy L. Phelps
Mountain Tract Mine
Bertle 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 December 10, 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
Attachments
cc: Mr. Pat McClain
1612 Mail Service Center, Raleigh, No& Carolina 27699-1612 -919-733-45741 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

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!Name: WINDSOi2 SOUTH Location: 0350 55' 50.3" N 0760 53' 10.811 W
Date: 11 /16/2010
Scale: 1 inch equals 2000 feet
Copyright (C) 1997, Maptech,

Wehner, Judy
From: Wehner, Judy
Sent: Tuesday, November 16, 2010 4:37 PM
To: Dumpor, Samir
Cc: Mcclain, Pat; Novak, Gary; Wehner, Judy
Subject: Review Sheet for Mountain Tract Mine - Bertie County
Attachments: 08-26 DLR - Water Quality Review Sheet 2010.doc
Here's the review sheet.
Gary — is the other site still under NOV? 08-14
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.

Print this form to PDF Rehm PDF of this form to DLR CO by email. cc DLR R0 and DWQ SPU
MINING PE&IT APPLICATION AVIEW FORM
for the
DIVISION OF WATER QUALITY
EGTION TO 8E FILLED OUT BY DLR:
Project Name: Mountain Tract Mine DLR Permit #: 08-26
County: certie Address: [e-mail]
YES NO Date Commencing
Is this mine a new mine? r
Have land disturbing activities
started? Date? 9-
Latitude: 35.9306 Longitude:-76.8863
Please return comments to (at DLR CO): Judy Wehner
Comments due by: 12/10/10
SECTION BELOW TO BE FILLED OUT BY DWQ:
Is the RO concerned that the operation, as proposed, would violate standards of water quality?
Comments:
Watershed/Stream Name & Classification:
DWQ Compliance Status of Mine:
YES NO
NPDES permit required?
r
s
NPDES permit existing?
r (Permit #)
r
If an NPDES permit is not required, is DWQ
still concerned about wetland degradation
by dewatering?
Should permittee contact DWQ RO
immediately? (e.g. to schedule a site visit if
r RO Contact Name:
r
mine has already begun digging or is
Contact Reason:
dewatering without DWQ permit)
401 Wetland Cert. required?
.
401 Wetland Cert. existing?
r Permit #
r
Does DWQ RO currently have enough
information to determine if a 401
certification is required?
Rev September 2010

Print this form to PDF Return PDF of this fort to DLR CO by email. cc DLR RO and DWQ SPU
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YES NO
Are wetlands disturbed at this site?
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Does DWQ RO suspect or know of nearby
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wetlands to the site?
Is a wetland delineation required prior to
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DWQ issuing the permit?
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Stream Determination Needed?
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Stream Determination Completed?
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Does DWQ RO need a statement that no
wetlands/streams are disturbed
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for this project from applicant?
Buffer Determination Needed?
Buffer Determination Completed?
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Recycle system permit existing?*
Permit #
New Recycle System permit required?*
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Enough information to determine?
Non -discharge permit existing?*
— Permit #
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Will wastewaters discharge to HQW waters
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7Q10
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with a 7010=0? **
Flow:
h Has Violation
l` ' O&M Requirements
Does DWQ require DLR to hold the permit
17,1 HQW17Q10 Concerns
s
(e.g. so DWQ can review it further or
l--"Other. Reason:
because DWQ requires more information)?
RO contact:
�r-' Hold Until:
Mine must wait to dewater until an O&M —7
plan is approved?
'The NPDES SW and WW permit NCG020000 covers closed -loop recycle systems, designed to exclude all stormwater run-off from
the system and operate at or below two -feet of freeboard. These systems maybe permitted by a Non -discharge Recycle System_
Permit from the Aquifer Protection Section (APS), OR may instead be permitted under NCG020000 to eliminate_ an additional permit. .
Recvcle systems that do not meet those criteria are considered discharging systems,_and are subiect to the NCG020000 dischamee
permit.
"To obtain 7Q10 flows, permittees must contact the DWQ Stormwater Permitting Unit. If DWQ does not have a flow estimate fora
specific stream, permittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for
more information on obtaining a 7Q10 flow. USGS will not determine a 7Q10 flow fortidally influenced waterbodies. .
Reviewed by:
DWQ RO Surface Water: Regional Office: Date:
RO Aquifer Protection Section: Regional Office:
SPU DWQ Central Office Reviewer (if applicable):
Date:
Rev September 2010

October 28 2010
Mining Program
NC Dept ENR
Division of Land Quality Section
1612 Mail Service Center
Raleigh NC 27669-1612
Re: Agent Appointment for Mountain Tract Mine Application
Bertie County
To Whom It May Concern:
I appoint Floyd Williams to act as my agent regarding the application for a mining permit for the
proposal Mountain Tract Mine in Bertie County.
Sincerely
Tim Phe�

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AGRICULTURE
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f Timothy Lewis Phelps
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Mountain Tract Mine
� l ,
Bertie County
EXISTING FARM PATH
CATEGORY � AFFECTED ACREAGE � I � �f 1 25' WIDE ACCESS ROAD
Tailings,'Sedimeni 1'onas O — ��
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Wastepiles [}
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Mine Excavation 11.2-5
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1
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i ""`- - --- - Weyerhaeuser Company
Bradford J. Copeland � � l � � �
Alice H. James Heirs Timberiands Acct./ and Records
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Shirley Bond Stewart � l�

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CATEGORY
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Mountain Tract Mine
Bertie-o'unty
1" Y 100
State of North Carolina
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Property Line
AGRICULTURE
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Charles G_ Copeland �� 1
Shirley Bond Stewart
Timothy Lewis Phelps
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PERMIT BOUNDARY --��
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EXISTING FARM PATH
25' WIDE ACCESS ROAD
MAP DATE: 11-11-2010
Property Line '
Carroll P. Tarkington TR
PERMIT BOUNDARY W I L L I A M S
Environmental & Geological Services PLLC Carroll P. Tarkington TFt
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