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HomeMy WebLinkAbout08-27_1_RedactedEnergy. Mineral & Land Resources ENVIRONMENTAL QUALITY December 1, 2017 Lee Graham Hoggard Lee Graham Haggard 644 Ledrew Perry Road Merry Hill, NC 27957 RE: Mining Permit No. 08-27 Lee Hoggard Sand Mine Bertie County Dear Lee Graham Hoggard: 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 St- 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site or for the duration of the lease term. The "life of site" means the period from the initial receipt of a permit for the operation until the mining operation terminates and the required reclamation is completed. Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior expiration date to convert your permit to a life of site or lease permit effective immediately. No action is required on your part for this modification to be effective. Please attach this letter to your existing mining permit for future reference: The mine name and permit number on the permit document, and all existing operating and reclamation conditions contained therein, shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new, transferred and modified mining permits. In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee of $400 per mining permit number. By statute, the initial payment of this annual $400 fee must be submitted to this office by December 31, 2017 — see the attached Invoice to remit the initial annual fee payment by this deadline. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a $50/month late fee and could result in the denial of future permit actions and/or revocation of your mining permit. Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been raised from $500,000 to $1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. - The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations remains with you. Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy Wehner, Assistant State Mining Specialist, or me at (919) 707-9220. Sincerely, William "Toby" Vinson, Jr., PE, CPM Interim Director, DEMLR SW1e of North Carut!na I Environmental Quality I Energy, Miner sl and Land Resources 512 N. Salisbury Street 1 1612 Mall Service Center I Ralelgh, North Carolina 27699-1612 1419 707 9200 . NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Director December 23, 2013 Mr. Lee Graham Hoggard 644 Ledrew Perry Road Merry Hill, North Carolina 27957 Re: Lee Hoggard Sand Mine Bertie County . Chowan River Basin Dear Mr. Hoggard: Pat McCrory, Governor John E. Skvarla, III, 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. 08-27 were based primarily upon information supplied. in the application with conditions added as necessary to. insure compliance with The Mining Act of '1971. This permit expires on December 23, 2023. *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 14.69 acres, as indicated in the application and on the mine map dated October 29, 2013. Please review the permit and contact Judy Wehner, Assistant State Mining Specialist, at (919) 707-9220 of any objection or questions concerning the terms of the permit. Sincerely, ?ate . Boyer, PE ining Specialist uality Section JSBIjw Enclosures cc:' Mr. Pat McClain, PE Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-707-92201 FAX 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet; http://portal.ncdenr.org/web/lrlland-q'ualfty. An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND 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: Lee Graham Hoggard Lee Hoggard Sand Mine Bertie County - Permit No. 08-27 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: December 23, 2023 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 December 23 2023. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: 1. A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. C. No dewatering activities shall occur at this site. D. Mining activities shall occur as indicated on the Mine Map dated October 29, 2013 and the supplemental information received by the Land Quality Section on November 1, 2013. 5. All mine permit and affected area boundaries (14.69 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of sedimentation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. Page 4 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 25 foot unexcavated shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, Mineral and Land Resources considers the'following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. if mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Energy, Mineral and Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; Page 5 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 an $11,900.00 assignment of savings account, is sufficient to cover the operation as. indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By_G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. 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 Cameron S. Lowe, County Extension Director with the North Carolina Cooperative Extension on October 15, 2013. 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 23rd day of December, 2013. By: Tricy E. Davis, Director Division f Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application for a mining permit filed by Lee Graham Hoggard to conduct mining activities off NC 45 (Old Merry Hill Road) in Bertie County. The mining permit (no. 08-27) was issued.on December 23, 2013. 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, 67.14 Mail Service Center, Raleigh, NC 27699-6714. Any questions about fling a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 431-3000. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Mr. Lacy Presnell, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. ko4t � &Lo�'- r cy E. Davis or iectr Division of Energy, Mineral, and Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on �r-4 �0201 . Brenda Harris Mining Program Secretary Flynt this form to PDF Return PDF of this form to DEMLR CO by email, cc DEMLR RO, DWR SPU. Send a copy to the permittee. MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF WATER RESOURCES TH -e B Project Name: Lee Hoggard Sand Mine DEMLR Permit # 08-27 Applicant's Email: KenO-kenobx.com PERMIT ACTION TYPE: YES NO r r, Have land disturbing activities started? Date? G r Latitude: 36.0733 Longitude:=76.7849 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: 11I1/13 County: Bertie Date Commencine SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? No Comments: Watershed/Stream Name & Classification: UT to Salmon Creek, C: NSW DWR Compliance Status of Mine: None Does this mine (or previous owner) have DWR back fees to pay? No If yes, amount: Is this mine an active permit in BIMS? No YES NO 401 Wetland Cert. required? � �� 401 Wetland Cert. existing? r} , Permit # X DWR RO have enough information tomine if a 401 certification is required? W X r YES NO Are wetlands disturbed at this site? , s X Does DWR RO suspect or know of nearby X r wetlands to the site? rD Is a wetland dellneation required prior to on, DWR issuing the permit 117J,Onsite? O.ffsiteI. Pov Spntamhar ?nin Print this form to PDF Return PDF of this fora to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. Stream Determination Needed? r X Stream Determination Completed? r X Does DWR RO need a statement that no wetlands/streams are disturbed X r for this project from applicant? Buffer Determination Needed? r X Buffer Determination Completed? r X Recycle system permit existing?* r Nrmit # r New Recycle System permit required?* r r Enough information to determine? Non -discharge permit existing?* r ermit # r Does this applicant need to contact the regional of Central DWR Office to r r determine if a State Stormwater Permit Is needed? r -Unknown. Will wastewaters discharge to HOW waters r r 7Q10 Permittee must with a 7Q10=0? ** Flow: determine. Has Violation O&M Requirements NJ, HQW/7Q10 Concerns Does DWR require DEMLR to hold the Pay' back fees or renew permit (e.g. so DWR can review It further or DWR permit r' Other. r because DWR requires more Information)? Please describe the reason to hold the permit: RO contact: El Hold Until: Mine must wait to dewater until an O&M plan is r (— approved? aeiTnit. "To obtain 7Q10 flows, permittees must contact the DWR Stomrwater Permitting Unit. if DWR 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 7010 flow for tidally influenced water bodies. If there is not enough information to gIn a complete answer rife in thes ace provided whatyou ill need f answer this uestion complete, If youregUire DEMLR to hold the permit until.furfhernotice, indicate that in the question below. Reviewed by: DWR RO Surface Water: Anthony Scarbraugh Regional Office: Washington Date: 12/13/2013 RO Aquifer Protection Section: Regional Office: Date: SPU DWR Central Office Reviewer (if applicable): RAv RP.ntAmhAr 7ni n Print this form to PDF Retum PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. MINING PERMIT APPLICATION REVIEW FORM i for the DIVISION OF WATER RESOURCES THIS SECTION TO BE FILLED'OUT BY DEMLR: Project Name: Lee Hoggard Sand Mine DEMLR Permit # 08-27 County: Bertie Applicant's Email: Ken(cD-kenobx.com PERMIT ACTION TYPE: YES NO Date Commencing F c I— r Have land disturbing activities started? Date? { Latitude: 36.0733 Longitude:=76.7849 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: 1111113 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments: Watershed/Stream Name & Classification: DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in BIMS? YES NO 01 etland Ce . e uire J r 401 Wetland Cert. existing? F Permit # r t determine O o• alo o 40 ce 01cfflF§ s r rr I�r YES Does DWR RO suspect or know of nearby I I I F wetlands to the site? NO RPv SPntPmhar gnin Print this form to PDF Retum PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. f [ ffslte? Stream Determination Needed? F- F_ r Stream Determination Completed? c r r Does DWR RO need a statement that no wetlands/streams are disturbed F c F t for this project from applicant? Buffer Determination Needed? r c IT r Buffer Determination Completed? F t F r Recycle system permit existing?* F_ ( ermlt # t New Recycle System permit required?* 17-- 17-- Enough information to determine? Non -discharge permit existing?* C ermlt # r { Does this applicant need to contact the regional of Central DWR Office to I-- t F_ r determine if a State Stormwater Permit is needed? r (Unknown. Will wastewaters discharge to HQW waters 1— t7Q10 Permittee must with a 7Q10=0? ** Plow: determine. iT Has Violation O&M Requirements Ec HOW/7Q10 Concerns Does DWR require DEMLR to gold the L t Pay bank fees or renew permit (e.g. so DWR can review it further or DWR permit Of Other. because DWR requires more Information)? Please describe the reason to hold the permlt: o contact: Hold Until; Mine must wait to dewater until an O&M plan is F- F_ approved? Recycle systems that do not meet those criteria are considered, discharaina systems, and are subject to the NCG020000 dischart e R_e_rmit. "*To obtain 7Q10 flows, permittees must contact the DWR Sto►mwaterPennitting Unit, if DWR does not have a flow estimate fora specific stream, permittees will be asked to obtain one. Pennittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for Tons information on obtaining a 7Q10 flow. USGS will not determine a 7Q10 flow for tidally influenced water bodies. If there is not enough information to give a complete answer write in the space provided what you will need to answer this question completely. If you require DEMLR to hold the permit until further notice, indicate that in the question below. Rnv R antpmhor 9n1n Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. Reviewed by: DV1fR7RO Surface Water: Regional Office: Date: IkO Aquifer Protection Section: Regional Office: Date: SPU DWR Central Office Reviewer (if applicable): Rav SRnfamhar grit] I WOODS CUL7VATED FIELD N/F LEE GRAM41 HOGGARD Ams M/F GENE H SCOT Aiflfo1[ s PHELPS I a _ XCAYATION EDGE 990 3:1 SLOPE TO *ATER'S EME w WATIP'S EDGE 1 LEE HAGGARD SAND MINE UNEXCAVATED 12.67 ACRE POND BUFFER � 20 FT AVERAGE DEPTH 2 S FT MAXIMUM DEPTH RECLAMATION SLOPE & BERM DETAIL ' x I" RECLAWA 710N BERM _. UNEXCAVA7ED2 __ m BUFFER { I& ly p 3;1 SLOPE To o kTEV ' S EDGE � UNEXCAVATED BUFFER_._ f v} RECLAMATION MAP LEE HOGGAPOSAND RUNE NC 4S & OLD MERRY HILL ROAD MERRY HILL, BERTIE COUNTY, NC LEE GRAHAM HOGGARD, OPERATOR SCALE% 1IM = 100FT MAP BY ELLIOTT CONSULTING ` ! °.. MINE EXCAVATION - 12.67 AC STOC}YILES (BERMS) - 0.71 AC UNEXCAVATED BUFFER - 1.13 AC ROADS & PROCESSING - 0.18 AC TOTAL AFFECTED ACRES - 14.69 AC TOTAL PERMIT AREA - 14.69 AC •t�W CULTIVATED FIELD N/F i FF GRAKAM HOWARD A-kp !'ice PER BOL a1RY 700 �� • ,wrrr� • • ' 1 L / J3 • / UNEXCAVATED Oj� d� . • r+�~ RUFFER .1F. \100, - �. • • ' r s X]F LEE GRM41 HOGGARD r i0000000 • "4D5 CULTIVATED FIELD N/F WILL141 TYRONE 34ES 00005 1" 4t loms NO GENE H PHELPS m N LEE GRAM CULTIVATED FIELD N/F LEE GRAH41 HOGGARD ------------------ SCOT A31tiiON1109 12fd3d —UNEXCAVATED BUFFER EXCAVATION EDGE 990' LEE HOGGARD SAND MI 12.67 ACRE POND 20 FT AVERAGE DEPTH 2S FT MAXINIUM DEPTH Ar W HOGGARD . . ........ ... .... oe*OODS I ol u 21 MINE MAP LEE HOGGARD SAND MINE NC 4S & OLD MERRY HILL ROAD MERRY HILL, BERTIE COUNTY, NC LEE GRAH41 HOGGARD, OPERATOR SCALE%IIN =10OF7 MAP BY ELLIOTT'COIOULTING wwowo- "-.'; - 4-h 3 , - MINE EXCAVATION 12.67 AC STOCITILES (BERMS) 0.71 AC UNEXCAVATED BUFFER 1.13 AC ROADS & PROCESSING 0.18 AC TOTAL AFFECTED ACRES 14.69 AC TOTAL PERMIT AREA 14.69 AC NE CULTrVATED i rF GRAN -WA HDGRD 2 S ' UNEXCAVATED f BUFFER .09C 2DO] 0 .10 *000s • CULTIVATED FIELD N/F WILLX41 TYRONE 341ES c- Wehner, Judy From: Scarbraugh, Anthony Sent: Monday, December 16, 2013 7:31 AM To: Wehner, Judy Cc: Novak, Gary Subject: DEMLR Permit # 72-23 and 08-27 Attachments: 72-23 DWR REVIEW SHEET 2013.doc; 08-27 DWR REVIEW SHEET 2013.doc Anthony Scarbraugh Environmental Senior Specialist Washington Regional Office North Carolina Department of Environment and Natural Resources Division of Water Resources — Water Quality Regional Operations Section 943 Washington Square Mall Washington, NC 27889 (252) 948-3924 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 unless the content is exempt by statue or other regulation. 0 9 Print this form to POF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU, Send a copy to the permittee. MINING PEOMIT APPLICATION RAIEW FORM forthe DIVISION OF WATER RESOURCES THIS _SECTION TO BE FILLED OUT BY DEMLR: Project Name: Lee Hoggard Sand Mine DEMLR Permit # 08-27 County: Bertie Applicant's Email: KenO-)kenobx.com PERMIT ACTION TYPE: YES NO Date Commencin F_r — Have land disturbing activities started? Date? c c Latitude: 36.0733 Longitude:=76.7849 Please return comments to (at DEMLR CO): Judy Wehner Comments due bv: 11/1113 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? No Comments: Watershed/Stream Name & Classification: UT to Salmon Creek, C: NSW DWR Compliance Status of Mine: None Does this mine (or previous owner) have DWR back fees to pay? No If yes, amount: Is this mine an active permit in BIMS? No YES NO �.. 401 Wetland Cert. existing? F- { Permit # X ��'A M��.. �'�j'p'z'.5 mN�i Y {/� gf-�y�}�{� a3°:i � � ■V'��M�l� J�r�lJil Y��� 30�� 3� <S' �•�_ �u?� � 'TY:'k � �•� Y' % �� _�'3 �� 'Y ��Y�'a } 1 X rR :�: � ".''z"' � � £ i� �°�, sd �?� � � $bs "3- . YES M Does DWR RO suspect or know of nearby I X I— { wetlands to the site? I I Rwt Cantamhor 7nin 0 0 Print this form to PDF Retum PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. Stream Determination Needed'r j 1__. ( ® I X Does DWR RO need a statement that no wetlands/streams are disturbed X F- t for this project from applicant? l Buffer Determination Completed? I F-( I X I New Recycle System permit required?* I r ( F Enough information to determine? Does this applicant need to contact the regional of Central DWR Office to determine if a State Stormwater Permit is needed? (Unknown. Will wastewaters discharge to HQW waters I— (7Q10 Permittee with a 7010=0? ** I ( Flow: must determine. Mine must wait to dewater until an O&M plan is I— ( 1 F- approved? 1 the system and gperate of or below two -feet of freeboard. These systems may be Permitted by a Non -discharge Recycle System Permit from the Aquifer Protection Section fAPSZ, OR may instead, be permitted under NCGO20000 to eliminate an additional permit. Recycle systems that do not meet those criteria are considered dischar-ging systems, and are subject to the NCG020000 discha e permit. **To obtain 7Q10 flows, Permittees must contact the DWR Stormwater Permitting Unit. If DWR does not have a flow estimate fora specific stream, permittees will be asked to obtain one. Pennittees should contact J. Curtis Weaver at the USGS: 919-571-40443, for more information on obtaining a 7Q10 Now. USGS will not determine a 7Q10 flow for tidally influenced waterbodies. *** If there is not enough information to give a complete answer, write in the space provided what you will need to answer this question completely. If you require DEMLR to..hol..d..the...permi.:i.until..further notice, indicate that in the Question below. Reviewed by: DWR RO Surface Water: AnthonyScarbrau h Regional Office: Washington Date: 12/13/2013 RO Aquifer Protection Section: Regional Office: Date: SPU DWR Central Office Reviewer (if applicable): Rpv Rpntp.mhor 9010 0 0 -Art 4 pA NOENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Pat McCrory, Governor Director John E. Skvarla, fll, Secretary December 9, 2013 Mr. Lee Graham Hoggard 644 Led rew Perry Road Merry Hill, North Carolina 27957 Re: Lee Hoggard Sand Mine (Draft Permit) Bertie County Chowan River Basin Dear Mr. Hoggard.- 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 $11,900.00. 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., Lee Graham Hoggard. 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 supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -Telephone 919-707-92201 FAX, 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604 • lntemet: htt :1T ortal.ncdenr.or lwebllrlland uaft An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper 4) 0 Mr. Hoggard Page Two Please contact Judy Wehner, Assistant State Mining Specialist, at (919) 707-9220 if you have any questions. Sincerely, net S. Boyer,VP t to Mining Specialist d Quality Section JSBIjw Enclosures cc: Mr. Pat McClain, PE File 0 0 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND 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: Lee Graham Haggard Lee Haggard Sand 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: 2023 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 * 2023. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. C. No dewatering activities shall occur at this site. D. Mining activities shall occur as indicated on the Mine Map dated October 29, 2013 and the supplemental information received by the Land Quality Section on November 1, 2013. 5. All mine permit and affected area boundaries (14.69 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed scopes or any excavated channels, the erosion of which may cause off -site damage because of sedimentation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 4) • Page 4 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 25 foot unexcavated shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, Mineral and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Energy, Mineral and Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; • • Page 5 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. 0 0 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_BV G.S.74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas, 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. 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. 1 OA 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 Cameron S. Lowe, County Extension Director with the North Carolina Cooperative Extension on October 15, 2013. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit issued this *th day of * 2013. Tracy E. Davis, Director Division of Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources 0 to • Wehner, Judy From: Harris, Brenda M Sent: Monday, December 02, 2013 9:51 AM To: Boyer, Janet; Wehner, Judy Subject: FW: Lee Hoggard Sand Mine Attachments: ER 13-2694.pdf From: Shearin, Renee Sent: Tuesday, November 26, 2013 1.33 PM To: Harris, Brenda M Subject: Lee Hoggard Sand Mine Our response is attached. Thank you. Rcn(x SltcaL,m �tal'r I ILItoric Pvvss n;mmi 011tcc -l(1l Vail Survicc Cefflcr Ra[cigh,NC 276�)c}--1 lb 1)11)-80"-6784 Please see htU2://www.hpo.ncdcr.gov/er -r email subtruttai.html. for guidelines on submitting projectsfor environmental review. I•:nvironmental Rev,ew projects may be submitted to environmental.reviewt' iicdcr.gov. Pleasc only one project per Milli]. :1l[MV 10 cllm's l'nr otu resl�c}ttsc. *This message does not necessarily represent the policy of the Department of Cultural Resources. E-Mail to and from me, in connection with the transaction of public business, is subject to the North Carolina Public Records Law (N.C.G.S. 132) and may be disclosed to third parties.* 1 0 tb 0 North Carolina Department of Cultural Resources State Historic Preservation Office R-1mona M. 13artos, Administrator Governor Pat McCrory Sccrctar.v Susan Klutrz November 26, 2013 MEMORANDUM TO: Brenda Harris Land Quality Section Division of Land Resources, NCDENR FROM: Ramona M. Bartos P*. kalit[>� 1A,C Office of rtrclvi cv attd I tistog' Deputy Scactatyy Ket2n Cherry SUBJECT: Application for Mining Permit, Lee Graham Hoggard, Lee Hoggard Sand Mine, Berne County, ER 13-2694 Thank you for giving us the opportunity to review and comment on the above project pursuant to Chapter 74, .Article 7 of the North Carolina General Statutes. Because of the location and topographic situation of the proposed project area, it is unlikely that any archaeological sites which may be eligible for inclusion in the National Register of Historic Places will be affected by the proposed borrowing. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. While we note that this project review is only for a state permit, the potential for federal permits may require further consultation with us and compliance with Section 106 of the National Historic Preservation Act. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579. Location: 1091Sast)ancs Street, Raleigh NC 27601 MailingAddreaw 4617 Mail Smice Cantcr, Raleigh NC 27699-4617 Telepltone/Fax: O19) 8074570/807-65J9 0 0 Steve Troxier North Carolina Department of Agriculture Commissioner and Consumer Services Division of Soil and Water Conservation To: Brenda M. Harris, Mining Program Secretary Ladd Quality Sectionbv From: Charles Bowden Application Review Coordinator Division of Soil and Water Date: November 25,2013 Subject: Mining Permit Application for Lee Graham Hoggard. Lee Hoggard Sand Mine Bertie County Patricia K. Harris Director NC Division of Soil and Water Conservation reviewed the mining permit application for Lee Graham Hoggard, Lee Hoggard Sand Mine in Bertie County. The Conservation Reserve Enhancement Program (CREP) database does not reflect said property being enrolled in a conservation easement. Therefore NC CREP has no programmatic concerns with moving forward with this permit modification request. Please contact me should you have any questions or concerns at 910-796-7223. MAILING ADDRESS LOCATION Division of Soil and Water Conservation Telephone: 919-733-2302 Archdale Building 1614 Mail Service Center Fax Number: 919-733-3559 512 N. Salisbury Street, Suite 504 Raleigh, NC 27699-1614 Raleigh, NC 27604 An Equal Opportunity Employer 0 .0 Wehner. Jud From: Novak, Gary Sent: Thursday, November 21, 2013 9:32 AM To: Wehner, Judy Cc: Mcclain, Pat Subject: Tull's Creek Sand Pit, P# 27-37; Lee Hoggard Sand Mine, P# 08-27 Judy, Jones Borrow Pit 46-14: contacted Allison —waiting to hear back from her. DAQ response: no permit required Tull's Creek Sand Pit 27-37: 1 have no comments for this application to renewal. DAQ response: no permit required. 4 �l Wilcox Mine P# 25-83: DAQ response: No permit required. Just re ce�red r sponse today (sent to them in March). Do you prefer this DAQ response procedure (see above) rather than scanning and attaching the review form to the email? If the response requires a permit then I will scan the review form and attach it. Cali me if you need anything. (;erg A IYJd Environmental Senior Specialist NCDENR, DEMLR, LQS 943 Washington Square Mall Washington, NC 27889 252-946-6481 ext 3860, fax, 252-975-3716 gary.novakCa.ncdenr.goy http-//.ncdenr.org/web/Iriland-gualit 0 0 Log In #: _92-4- DPRIRRS Mining Permit Application Review RRS Contact: r Name of project: A 6 County: Z6,_ 5E �µd 1N6 Proposed activity is is not within 5 miles of a public park or recreation area. - If yes, identify the park: Manager/agency name: _ _--------__—__-. (contact name): (phone; fax): (e-mail): Review conducted by:� Date; 7 Z4 PLEASE RETURN APPLICATION MATERIALS WITH YOUR REVIEWICOMMENTS. YOU CAN ALSO E-MAIL YOUR COMMENTS TO: - steve.11yinastonena ucparks.eov Return form and materials to: - - ----- Steve Livingstone-- steve.livingstonc@ncparks.gov DENR/Division of Parks & Recreation -- - -- _ - -- -. 1615 MSC Raleigh, NC 27699-1615 (919) 707-9331 rxE C�! V E D Nov 13 rD�3 LAND QUALITY SECTION • Ar0 NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Director November 4, 2013 MEMORANDUM TO: Mr. Lewis Ledford, Director Division of Parks and Receation FROM: Brenda M. Harris gz�6 Mining Program Secretary Land Quality Section Pat McCrory, Governor John E. Skvarla, III, Secretary SUBJECT: Mining Permit Application for Lee Graham Hoggard Lee Hoggard Sand 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 adverse affects on the purposes of a publically owned park, forest, or recreation area (GS 74-51 (5). Please respond by November 25, 2013 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. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wenner at (919) 707-9220 if you have any questions. Ibmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-707-9220 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http:/lportal.ncdenr,org/web/Ir/land-quality An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper _. r ..�.._ ._.,,,,;:y-,�,_.,....r_r._�.,,,,�,.,,1,.,.�.�-.-..--•,s--•et.^."r"'L:wry--"�"d�E,:T...`�Jr�,-�^:.w%- __.r,.z,..3^ �._r- .�.�,-�+...---,•t^�,-a.-y,-�^�--.•-:.-.r^., 0 MINING CHECKLIST FOR ROUTING A)7kWd3 NMW- (OAPmpd Now. �} '►� �y, A)7k1PRRdt N0. • ~ p�� CWq- Date RG tWk r t Revkwer: .[/ Rllrtr BA& Now. 64 d.e,, ❑ Romal ❑ mdomUm (bW&pvdt bntlndarla) ❑ Madtftr ,M (ottWkyermg 6arda310) ❑ Tmfv ❑ ❑ Palftal Rcltast ❑ Addttlafial IMfDielatlan ❑ Fee Nerdcd: Fee Rttetvad: Peas nk aft c ffkdtmt Lakw to. Cheer to one � attach bA Dw DAQ O*din RMen For rr to the o0w m)r, Md bath WYW to the R%WlW Date: Rar W r Raid r OMS10 of water Ra ium DaL- Roo I RcCd NC wdo* RaWw Camnd go Date: Rated Reed us Ftsh AWW &rft Date: Rased RWd (only wo giieat m and modficaum reF+r& drat add hnd to they"Ifdt} , r Please rmk.fid 3 the ffhMUM and M Wdm MW to: ±'r DlrWw[ of Parks & RecnrdloK Date. Racal i Read 1 1 NC Gmlt#W"Seettm Date: Rota( Pzwd DlgWO of mew nAertz Date: Raped Rend Mgm► of Sod & wattr aRgMatlM (pb[s LEA) Date: Rated Reed (o* rmr 9jlieat m axd uradtflciamrepw& tint add W to theluldt) �Dtdw of Arddm dt History► Date: Rated Reed fop� new whaum) ❑ other: Date: Ratad ` Rwd • *SllS�1CM Date flit' C011Al1L)tt3: l v� l (rta lafcr than zs dad front ❑ Phase Hate Wfi : NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Director November 4, 2013 MEMORANDUM TO: Ms. Maria Tripp Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Lee Graham Hoggard Lee Hoggard Sand Mine Bertie County Pat McCrory, Governor John E. Skvarla, III, Secretary Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by November 25, 2013 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to. set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. I=. Attachments cc. Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-707-92201 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: htto:l/portal.ncdenr.org_/webllrlland-quality An Equal Opportunity 1 Affirmative Action Employer -- 50% Recycled 110% Post Consumer Paper �J- LA WDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Director November 4, 2013 MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program S ictary Land Quality Section Pat McCrory, Governor John E. Skvarla, III, Secretary SUBJECT: Mining Permit Application for Lee Graham Hoggard Lee Hoggard Sand Mine Bertie County ® Mine Dewatering Proposed ❑ No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on potable water supplies (GS 74-51 (2). Please respond by November 25, 2013 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, any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. . Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if. you have any questions. Ibmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -.Telephone 919-707-92201 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http:llportal.ncdenr.org/webArAand-ouality An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper RCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Director November 4, 2013 MEMORANDUM TO: Mr. Peter 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 Lee Graham Hoggard Lee Hoggard Sand Mine Bertie County Pat McCrory, Governor John E. Skvarla, III, Secretary Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by November 25, 2013 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 919-707-92201 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http://portal.ncdenr.o[g/web/Ir/land-quality An Equal Opportunity 1 Affirmative Action Employer -- 50% Recycled L 10% Post Consumer Paper • Ar . WDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Director November 4, 2013 MEMORANDUM TO: Mr. Lewis Ledford, Director Division of Parks and Recreation FROM: Brenda M. Harris Mining Program Secretary Land Quality Section Pat McCrory, Governor John E. Skvarla, III, Secretary SUBJECT: Mining Permit Application for Lee Graham Haggard Lee Hoggard Sand 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 adverse affects on the purposes of a publically owned park, forest, or recreation area (GS 74-51 (5). Please respond by November 25, 2013 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. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919.707-92201 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604 • Intemet: tLttp-.//PoHql.ncdenr.org/webAr/land-guality An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Director November 4, 2013 MEMORANDUM TO: Mr. Charles Bowden Application Review Coordinator Division of Soil and Water Conservation FROM: Brenda M. Harris -v(4- Mining Program Secretary Land Quality Section Pat McCrory, Governor John E. Skvarla, 111, Secretary SUBJECT: Mining Permit Application for Lee Graham Hoggard Lee Hoggard Sand 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 adverse effect on any publically owned conservation easements (G.S. 74-51 (5)). Please respond by November 25, 2013 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 publically owned conservation easements would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibm h Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 919-707-92201 FAX: 919-733-2876 612 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: htt�:llportal.nedenr,orgtweblrl and -Quality An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 1 10% Post Consumer Paper RCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Director November 4, 2013 MEMORANDUM TO: Ms. Anne Deaton Habitat Protection Section Division of Marine Fisheries FROM: Brenda M. Harris Mining Program S eretaF�k Land Quality Section SUBJECT: Mining Permit Application for Lee Graham Hoggard Lee Hoggard Sand Mine Bertie County Pat McCrory, Governor John E. Skvarla, III, 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 freshwater, estuarine or marine fisheries (G.S. 74-51 (2)). Please respond by November 26, 2013 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 freshwater, estuarine or marine fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 919-707-92201 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: hftp:!lportal.ncdenr.orolweb/Ir/land-Quality An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 1 10% Post Consumer Paper • Ar, NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Director November 4, 2013 MEMORANDUM TO: Ms. Renee Gledhill -Earley Application Review Coordinator Archives & History FROM: Brenda M. Harris Mining Program Se retary Land Quality Section Pat McCrory, Governor John E. Skvarla, III, Secretary SUBJECT: - Mining Permit Application for Lee Graham Hoggard Lee Hoggard Sand Mine Bertie County Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on any significant archeological resources. Please respond by November 25, 2013 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 significant archeological resources and/or human skeletal remains would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North'Carolina 27699-1612 • Telephone 919.707-9220 / PAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http.://PkHal.ncdenr.org/web4rgand-quality An Equal Opportunity L Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper QolC:r:: A.� .:raetro-l.•Wnp•�a rt.lw.e �u11; s�ai Z71roICL7:'� { ;JpAUTA.�! Do7r ai Y Iruov D�tS�, nas,n_5 r5s�'^':�'roru'�i5„-•Gl �; ZCF 9::r��a� .Lj-uad:: Awjng [a15:N3p: 's 856: go-.-'ua^17u2w=Dj Carey' ru=p-:)lum!ag Iruopv • cunoc •/jt, At= sa7y7um GUS ICac 7pJJ,*Z lull' " onm" 27OUWA.Q�l —A p} u, 67UaD'ia7Y: ;::7UE:,:n ;;0: c LOW V70rsaf=oc MUZ�:L� l{r..'..;: sr C.-If81. Cn=;; :)!uXl.: :elan rnsa7a� ulrgc paa.= spamo=e rcwu�n. `d.nlooS;Ja.L oar lum— qao;_ va:r7ps7lIC CAW---m0 Uov-a 'FILL! WPIOWC-z TZO Irmaua! - " o l :eai.� l,uu:t I:JL-0, C;Quwc;; � Nurt� ��C`� Il ,r�r,_ aerti uonra+ian.- t,UU." .Ulf; An t.; naAtr LM23M UoFa•t BILL 61e10iU[`= � �-. Cy L=aaaar ]62l'C)�BtiiM61A8L:Cl�7C�If��C'ifLJo LEE G HOGGARD se 2W53' 757 644 LEDREW PERRY R17. / MERRY HILL, NC 27957. - DnrE ! .� ���3! %$ Meld" PAYTO G �F,.� • %SO�G THE ORDER OF��/{a� Windsor • r ��° 1 'y �n T jj ' Lee (Ho;gg'ard'�`Sa�nd�M,ine; ., ,r rf r I � - .. r 1 S wit ''°t..'e• . lilNy'#•z� 4• � i S' �'" is r.. , :�„�i _ •`(c)'2013 Gooylc, 0 Wehner, Judy From: Wehner, Judy Sent: Friday, November 01, 2013 5:08 PM To: Dumpor, Samir Cc: Novak, Gary, Mcclain, Pat Subject: 08-27 DWR REVIEW SHEET 2013 Attachments: 08-27 DWR REVIEW SHEET 2013.doc Here's the worksheet for the new permit for the Lee Haggard Sand Mine in Bertie County. Please see that DWR Surface Water Protection Section gets this. I Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. MINING PE&IT APPLICATION RE*EW FORM for the DIVISION OF WATER RESOURCES N J Project Name: Lee Hoggard Sand Mine Applicant's Email: Ken(a-kenobx.com I PERMIT ACTION TYPE: YES DEMLR Permit # 08-27 NO ri F( Have land disturbing activities started? Date? r r r Latitude: 36.0733 Longitude:=76.7849 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: 11/1/13 SECTION BELOW TO BE FILMED OUT BY DWR: County: Bertie Date Commencin Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments: Watershed/Stream Name & Classification: DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in BIMS? YES NO 401 Wetland Cert. required? �y 401 Wetland Cert. existing? F Permit # 17- D.oes DWR RO have�en uo 9reformat" o to' , � '� is re wired?" ' t adetermine401 certificatr_ YES Does DWR RO suspect or know. of nearbyi— wetlands to the site? IM RRv Santarnhw 9nl n Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. Lf :-(-b ffsite? Stream Determination Needed? r [ r [ Stream Determination Completed? Does DWR RO need a statement that no wetlands/streams are disturbed r [ f for this project from applicant? Buffer Determination Needed? Eli — Buffer Determination Completed? [ r [ Recycle system permit existing?* E(lPermit # [ New Recycle System permit required?* r [ F [ Enough information to determine? Non -discharge permit existing?* r [ ermit # Does this applicant need to contact the regional of Central DWR Office to I— [ F [ determine if a State Stormwater Permit is needed? F [Unknown, Will wastewaters discharge to HQW waters [ r [7Q10 Permittee with a 7Q10=0? ** Flow: must determine. r [ Has Violation I— ( O&M Requirements F [ HQW/7Q10 Concerns Does DWR' require.DEMLR to hold the l� [ Pay back fees or renew permit (e.g, so DWR can review It further or DWR permit Ed Other, I—[ because DWR requires more information)? , 'Please describe the reason to hold the permit: RO contact: Ea Hold Until: Mine must wait to dewater until an O&M plan is i-- [ F [ approved? *The NPDES SW and WWpermit NCG020000 covers closed -loon 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. Recycle systems that do not meet those criteria are considered discharging systems, and are subiect to the NCG020000 discharge permit. **To obtain 7Q10 flows, permittees must contact the DWR Stormwater Permitting Unit. if DWR 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 7010 flow for tidally influenced water bodies. *** if there is not enough information to -give a complete answer, write in the space provided what you will need to answer this question completely. If you require DEMLR to hold the permit until further notice, indicate that in the question below. RPv SPntamhar 9ni n Print this form to PDF Return PDF of this foam to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. Reviewed by: 0 0 DWR RO Surface Water: Regional Office: Date: RO Aquifer Protection Section: Regional Office: Date: SPU DWR Central Office Reviewer (if applicable): RAu CantPmhzr 7n1 n 0 0 MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF AIR QUALITY Project/Number: County: _ g Lw Please return comments back to: Comments due by: Will the operation, as proposed, violate standards of air quality? Comments: YES Air permit required Air permit existing (Permit # ) Other Comments: Reviewed by: Print Name: Date: NO Central Office Reviewer: Rev Dec 2006 LAND Q ALITY SECTION REGIONA OFFICE MI G APPLICATION REVIEW-CHECliT APPLICATIONIPERMIT NO.:08 --R2 ACTION: Ja odifcation Renewal Transfer Release APPLICANT NAME: MINE NAME Administrative Issues: A. Is the site currently under NOV? Yes B. Is an NPDES permit needed? Yes No C. Is an NPDES permitting existing? Yes No Explain: _ Explain: No Explain- D. Is an 0 & M Plan needed? Yes No Explain: Field Issues: A. Are potential wetlands and watercourses properly indicated on the Mine Map? B. Are the proposed buffer zones adequate? Yes No Explain: � UNTY: Yes No Explain: C. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated? Yes No Explain, D, Do all water supply wells within 500 feet of the mine excavation appear to be indicated? Yes No Explain: E. Is visual screening needed? Yes No Explain: F. Are the proposed erosion and sedimentation control measures properly located to prevent offsite sedimentation? Yes No Explain: G. Is the proposed revegetationlreclamation plan acceptable? Yes No Explain: Date inspected: Erosion and Sedimentation Control Plan Review: It is the responsibility of the Regional Office staff to verify the adequacy of the E&S measures. any concerns or comments: Other Comments: Please provide Who was the application routed to and when?: Division of Air Quality: Date: Division of Water Resources (Surface Water Protection Section): Date: Other: Date: Inspector/Reviewer's Name: Date: Rev Dec 2006 PRIGINAL U NORTH CAROLINA MINING PERMIT APPLICATION RECEIVED Nov 01 7013 I,p,ND 4UAL_ITY SECT1QN State of North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 Revised: February 24, 2012 • • ELLIOTT CONSULTING October 30, 2013 To Whom It May Concern: This Land Quality Permit application is for a new 14.69 acre sand mine to be constructed by Lee Graham Hoggard, on property he owns at the intersection of NC 45 and Old Merry Hill Road, Merry Hill, NC, in Bertie County. The requested permit area is located on wide, mostly flat, sandy farmland and will not present any problems regarding runoff to adjacent areas. The purpose of the excavation will be to serve eventually for recreational purposes by Mr. Hoggard and as a water source for agricultural use on his farm. The excavation area will be located geographically 300 feet from the nearest public highway or dwelling and is accessible only by a private access road. The permit area will be surrounded on 3 sides by existing fields and woodland, and an existing row of shrubs & trees along NC 45 will be enhanced to provide adequate visual screening of the mining operation. Access to the permit area is limited by private property, and private gated road access. There will be minimum 25ft wide unexcavated buffers on all sides of the permit area. Land elevation of the proposed excavation area ranges from 40 feet to 30 feet above sea level in the main area, and drops to 20 feet above sea level in the southeast corner. This portion of the proposed excavation area was previously excavated by the NCDOT in approximately 1970 during construction of NC 45, and only the top 20 feet below natural ground level was removed. Mr. Hoggard plans to continue excavation in this area. A large wetland area exists 300 feet south of the permit boundary, a blue line stream exists 125 feet west of the permit area, and a small 0.1 acre wetland exists 50 feet southeast of the permit area. No wetlands exist inside the proposed permit area. At this time, IVx-Hoggard=does-not=plan=to-dewater_theS x avation�axea!� This plan may change if need arises, and proper permit applications for modification will be submitted. Upon receipt of the approved permits from the NCDENR, Mr. Hoggard plans to excavate the mine to an average depth of 20 feet below seasonal high water level, and will include construction of proper cut slopes on all sides of the excavated area, as required in the permit. Reclamation of the mine area will include grading, leveling, and grassing of all affected areas. Subject to modification, this permit application is being requested for a 10-year time frame to completion. All adjacent landowners have been contacted and made aware of the proposed mine operation. The mine area will be well marked with warning and keep out signs to prevent inadvertent public access. A land entry agreement has been signed Mr. Hoggard, and he is here y7 requesting? hour prioi'fi6dc of�NCDENR`site inspections-iti:order for:him .his.representad,ve-to-atten"d the -inspection.. his is strictly to provide information to the NCDENR inspector on the mtrung process at this site, and is not meant to hinder the site inspection in any way. ,i 0 • — 2 — October 30, 2013 Mr. Hoggard does hereby request approval for this Mining Permit application, and asks that it be expedited as soon as possible. Mr. Hoggard appreciates your consideration of this mine application. Sincerely, Ken Elliott For Lee Graham Hoggard 110 BOX 112 • AYDLETT, NORTH CAROLINA • 27916 P110N1 : 252-339-9021 • LMA1L: KLN®KHNOBX.COh1 APPLICATION FOR A MININARMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Lee Hoggard_Sand Mine County Bertie River Basin Chowan Latitude (decimal degrees to four places) 36.0279" Longitude (decimal degrees to four places)-76.78251 2. Name of Applicant*_ _ _Lee Graham Hoagard _ 3. Permanent address for receipt of official mail** 644 Ledrew Perry Road, Merry Hill, NC 27957 Telephone 252 325-0348 Alternate No. 4. Mine Office Address 644 Ledrew Pegy Road Merry Hill NC 27957 Telephone (_252) 325-0348 5. Mine Manager Lee Graham Hoggard: _ Permit Contact: Ken Elliott, (252) 339-9021 _ We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature 4- _ Date October 10, 2013 Print Name —Lee Graham Hoagard Title Owner / Operator * 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. * * * Si nature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. APPLICATION FOR A MININGIERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE l . Answer all of the following that apply: ® If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that a "new permit" fee will be based upon): 14.69 acres Of this acreage, how much is owned and how much is leased? Acres owned: 14.69 acres 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 ❑ NoEl. 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 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 ACTIONS) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand & topsoil 3. Mining method: ❑Hydraulic Dredge ® Front-end Loader & Truck ® Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain): 4. a. Expected maximum depth of mine (feet) 25 feet Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) b. Expected average depth of mine (feet) 20 feet -2- APPLICATION FOR A MININARMIT 5. Has any area(s) at this site been mined in the past? Yes ® No ❑ If yes, when and by whom was this activity conducted?_1970, NCDOT, SE corner of permit area 6. Number of years for which the permit is requested (10 years maximum): I0 years B. MAPS Clearly mark and label the location of your mining operation on six 6 copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) conies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: _Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 51h Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 httt)://nortal.nedenr.ora/web/ir/aeoloaical home County highway reaps 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 Sandberg Court Raleigh, North Carolina 27610 (919) 212-6000 http://www.nedot.org/it/gis/ 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). c. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. -3- i APPLICATION FOR A MINING PERMIT • p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres 1 inch = 50 feet 50-199 Acres 1 inch = 100 feet 200+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- APPLICATION FOR A MINING PERMIT 0 A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds 0.00 Stockpiles (Berms) 0.71 Wastepiles 0.00 Processing Area/Haul Roads 0.18 Mine Excavation 12.67 Other: Unexcavated Buffer 1.13 Total Disturbed Acreage 14.69 NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONSISTATEMENTS 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 Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. 1. Acquire proper permits from NC Department of Environment and Natural Resources. 2. Undisturbed area will be established 3. Mark permit boundaries, undisturbed buffer areas and excavation area boundaries. 4. Clear permit area, except undisturbed areas, of trees & stumps. 5. Establish & enhance 6ft tall foliage screen along NC45 between NC45 & permit area. 6. Remove topsoil in excavation area down to 2.5 feet below natural ground level and stockpile inside excavation area. 7. Use overburden soil to construct 2ft tall x 1 Oft wide sand berm with groundcover for erosion control around excavation area along permit boundary. 8. Excavation area will be mined down 20 — 30 feet to groundwater level. Excavation edges will be cut at 3:1 slope or flatter. 9. Excavation will continue in water down 25 feet maximum, cut slopes of excavation edges below water will have 2:1 slope or flatter. 10. All stockpiles, processing areas and haul roads will be inside excavation area boundaries. I 1. At end of excavation, all mining equipment will be removed from excavation area, remaining sloping of excavation edges will be performed. 20ft — 25ft deep pond with water will remain. 12. Berms wi1Z be removed from perimeter of permit area. Low 1 ft tall x 8ft wide erosion control berm will be established around excavation area, with groundcover. 13. Former berm areas around permit perimeter will be graded, levelled, fertilized and sowed with groundcover grasses. All affected areas will be graded, levelled, fertilized and sowed with groundcover and allowed to return to original field state. 14. 8ft wide field path will be established around 12.67 acre excavated pond at end of reclamation. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control far mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. Overburden soil will be used to construct 2ft tall x 1 Oft wide sand berms for erosion control around excavation area prior to main excavation. Berms will be inspected weekly for deterioration from storms or animal damage, groundcover will be mowed as needed. 50ft long gravel temporary construction entrance will be established at intersection of permit area access road and NC45. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ❑ No®. If yes, briefly describe all such processes including any chemicals to be used. Not applicable. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes ❑ No Z. Ifyes, briefly describe the nature ofthe discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). Not applicable. -6. APPLICATION FOR A MINING ERMIT • c. Will any part of the proposed mine excavation(s) extend below the water table? Yes ® No ❑. If yes, do you intend to dewater the excavation(s)? Yes ❑ No Z. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locale all existing wells on the mine map(s) that lie within 500feet of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. Not applicable. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No ®. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. Not applicable. b. How will dust from stockpiles, haul roads, etc., be controlled? Spraying or spreading water from water supply trucks or excavator on haul roads and process areas will control dust. Stockpiles will also be sprayed with water weekly if necessary to control dust. -7- APPLICATION FOR A MINING PERMIT • a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). A 25ft wide unexcavated buffer will be established along the entire permit area perimeter, between the excavation area and the permit boundary. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). No undisturbed buffers located in permit area. A 0.1 acre wetland area is located 50 feet southeast of permit boundary and 75 feet from excavation boundary. There is an existing blue -line stream located 150 feet west of the permit area, and a wetland located 300 feet south of the permit area. Neither are located within the permit boundaries. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. Exposed excavation cut slopes will be created at a 3:1 gradient. .8- APPLICATION FOR A MININIOP ERMIT • b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation ofany benches andlor slope drains (with supporting design information) if needed, and the method of final stabilization. Fill slope cross-section (berms) attached to mine & reclamation maps. Fill slope will be established at excavation edge during reclamation of mine. Slope will have 4:1 grade. c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross-sections.1br all cut slopes must be provided on the mine map(s). Cut slope from natural ground level to water level will have 3:1 grade, and cut slope from water level to bottom of excavated area will have 2:1 grade. d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross -sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. Not applicable, no hard -rock excavation. 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. Closest point of excavation to public road (NC 45) is 330 feet. Operator will establish gravel construction entrance at junction of excavation access road and NC45 to prevent mud or sediment from leaving the site and covering paved road. Closest point of excavation to nearest private residence is 575 feet across NC45. Mine operator will establish & enhance existing Eft foliated visual screen between excavation and NC 45. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms. appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detaillcross-section and location of each type of barricade to be used must be indicated on the mine map(s). No high wall areas in permit area. Operator will construct foliated berm just inside permit area boundary or just outside of excavation area to discourage inadvertent public access or 4-wheeler access to excavation area. Access to excavation area will be by private gated access road through operator's private property. "No Trespassing" signs will be installed around permit area boundaries. -9- APPLICATION FOR A MININ• ERMIT • 9. Are acid producing minerals or soils present? Yes ❑ No Z. If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? Not applicable. 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine map(s) and provide cross - sections through all proposed berms or proposed spacing, sizes and species for tree plantings. Permit area is screened naturally by fields & woods on north, south and west sides. On east side operator will establish & enhance an existing Eft foliated visual screen between excavation and NC 45. Trees will be shade & foliage varieties spaced 5 trees per 100 feet. 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 public parks, forests or recreation areas are located near permit area. Will explosives be used? Yes ❑ No ®. If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structure(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. Not applicable. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ❑ No E. Ifyes, describe these materials, how they will be stored and method ofcontainment in case of spill. Indicate the locations) of all storage facilities on the mine map(s). Not applicable. -10- • APPLICATION FOR A MINING PERMIT 1�X-IM / Xweli 2 Ari l l . Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of allpermanent channels must be indicated on the reclamation map. 1. Erosion control berms along permit area boundaries will be removed from perimeter of permit area. Former berm areas around permit perimeter will be graded, levelled, fertilized and sowed with groundcover grasses. Low 1 ft tall x 8ft wide erosion control berm with groundcover will be established around remaining pond area. 2. All other affected areas and processing areas will be graded, levelled, fertilized and sowed with groundcover and allowed to return to original field state. 3. 8ft wide field path will be established around 12.67 acre excavated pond at end of reclamation. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ® No ❑. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross -sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes ® No ❑ If yes, specify species. 12.67 acre pond will be left after reclamation, average 15 feet deep. Pond will be stocked with common local fish: bass, bream, crappie or catfish. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. Not applicable, excavation is in sand only, no rock present. • 0 APPLICATION FOR A MINING PERMIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations for such areas must be provided on the reclamation map. Overburden in berms around excavation area will be used for low 1 ft tall erosion control berm constructed around pond perimeter during reclamation. Any leftover overburden will be spread over former berm & processing areas and incorporated into soil. These areas will be graded, levelled, fertilized and seeded with groundcover during final reclamation and allowed to return to natural field state. S. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. No processing areas, stockpiles or on -site roadways will be located outside of excavation area boundaries during excavation. Berms and non -berm areas in unexcavated buffer will be graded, levelled, fertilized and seeded with groundcover and allowed to return to natural field state. b. Will any on -site roadways be left as part of the reclamation? Yes ❑ No Z. Ifyes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. Field path will be left around excavation area during reclamation for pond access. 6. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.) No off -site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with a list of items to he disposed in said areas. No plans to bring off -site generated waste for disposal in mine. All scrap metal, junk machinery or equipment will be removed from mine site and will be transported to the Bertie County Landf ll, Republican, NC for proper disposal there. -12- APPLICATION FOR A MININPPERMIT 0 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for ear -round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): 2000 lbs/acre or follow recommendations of soil test FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): 1000 lbs/acre 8-8-8 or 10-10-10 or follow recommendations of soil test. SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding Dates: Seeding Rates Lbs/Acre: Kobe Lespedeza Feb 15 — Apr 1 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 Common Bermuda Apr 1 — Jul 31 50 Lespedeza (unscarifed) Aug 1 -- Oct 25 30 German millet 40 Rye (grain, temporary) Oct 25 — Feb 15 120 MULCH -TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: All seeded areas shall be mulched using small grain straw at a rate of 2000 lbs/acre and anchored appropriately. OTHER VEGETATIVE COVERS — TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetati d/or reforestation RI a roved by: Signature �- Date D � l Y Print Name ✓Vtn Title S Agency -13- • APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affectedduring the life of the miningpermit. Please insert the approximate acreage for each aspect o the mining operation, that you intend to affect during the life ofthis mining permit (in addition, please insert the appropriate reclamation cast/acre for each category from the Schedule oReclamation Costs provided with this application form) OR you can defer to the Department to calculate your bond for you based upon vour maps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COSTIACRE* COST Tailings/Sediment Ponds: 0.00 Ac. X $ n/a /Ac. — $ Stockpiles (Berms): 0.71 Ac. X $ 1800 IAc. — $ 1278.00 Other Unexcavated Buffer: 1.13 Ac. X $ 1800 /Ac. — $ 2034.00 Processing Area/Haul Roads: 0.18 Ac. X $ 1800 IAc. _ $ 324.00 Mine Excavation: 12.67 Ac. X $ 500 IAc. _ $ 6335.00 Other: Ac. X $ IAc. — $ TOTAL AFFECTED AC.: 14.69 Ac. (TOTAL PERMITTED AC.: 14.69 Ac.) Temporary & Permanent Sedimentation & Erosion Control Measures_ Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 14.69 Ac. b) Positive Drainage n/a Ac. X $1,500.00 = $ SUBTOTAL COST: $ 9971.00 Inflation Factor: 0.02 X SUBTOTAL COST: $ 199.42 X Permit Life (1 to 10 years): 10 INFLATION COST: $ 1994.20 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 11,965.20 Total Reclamation Bond Cost: $ 11,900.00 (round down to the nearest $100.00) � �3 -14- APPLICATION FOR A MININGOERMIT 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 he notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bl). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -IS- NOTICE (TYPICAL) Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that Lee Graham Ho and has applied on October 2013 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ® a 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 & to soil on 15.33 acres located 1.26 (Mineral, Ore) (Number) (Miles) northwest of Merry Hill off/near road NC 45 at Old Mery Hill Road (Direction) (Nearest Town) (Number/Name) in Bertie County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, 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 anadjoining tract is owned or leased by the a plicant or is owned by the lessor of the mine tract, all owners of record of tracts adj9ining these tracts must be notifhed (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 re information„garding the snecifics of the nronosed minim activity. please contact the apnlicant at the following telephone numhei tor inronnat: 19) 707-9220. Scott Sauer, Interim Bertie County Manager PO Box 530 Windsor NC 27983 (Addressee/Owner of Record's Name and Address) October 10, 2013 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) on the mining permit application review process, please Lee Graham Howard (Name of Applicant: Include Contact Person & Company Name, if Applicable) 644 Ledrew Perry Road, Merry Hill, NC 27957 (Address of Applicant) APPLICATION FOR A MININARMIT • AFFIDAVIT OF NOTIFICATION I, Kenneth C. Elliott , 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) William Tyrone James 339 Jamestown Road Windsor NC 27983 Gene H. Phelps _ _ 129 Castle Drive, Smithfield NC 27577 _ Donald Ray Carter 118 NC 45 South, Merry Hill, NC 27957 (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.] Scott Sauer Interim Bertie County Manager (Address) PO Box 530, Windsor, NC 27983 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 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. t ignature of Applic or Agent October 31, 2013_ Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Lee Graham Hog_gard Title of person executing Affidavit Agent for Lee Graham Hoggard 1, Sl aX A N �`�444� C'+�11=�j�trne e.�ti RV � . / � ... �ti ��: u a "" N .r, � � =..%� • 4��,� J''l3ii$9E��i , 0 0 APPLICATION FOR A MININARMIT • AFFIDAVIT OF NOTIFICATION I, Kenneth C. Elliott , 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) Ronald N. Little PO Box 251., Merry Hill, NC 27957 Robert L. James 3331 5`h Street SE, Washington, DC 20032 (Attach additional list if necessary) 1 do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) [i.e.: City Manager, County Manager, Mayor, etc.] Scott Sauer, Interim Bertie Coun Manager PO Box 530, Windsor, NC 27983 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 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. 0 , October 31 2013 'Signature of Applicarkor Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Lee Graham Hoaaard Title of person executing Affidavit Agent for Lee Graham Hoaaard 1,-� l ,� ,, r, P a Notary Public of the County of State of North Carolina, do hereby certify that appeared before me this day and under oath acknowledged 1he i vit was made y him/her. �� � p0 • l��z's � Witness my hand and notarial seal, this day old("_. 20 Not A Com ion des: G 2� - �� - e�'fc' �1co11N':�``� R i 'Pric -72 ` p r d'o APPLICATION FOR A MININARMIT 0 G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: Signature "4 Signature: Print Name: _ Lee Graham Hoggard Print Name: —Lee Graham Hoggard rd (Title, if applicable) Company Lee Graham Hoggard (If applica e) Address: 644 Ledrew Pegy Road Merry Hill, NC„27957 Telephone: ( 252) 325-0348 Date Signed: October 10, 2013 Title: Owner / Operator Company: Lee Graham Ho and Mine Name: _Lee Hoggard Sand Mine Telephone: ( 252 ) 325-0348 Date Signed: October 10 2013 *Signature must be the same as the individual who signed Page 1 of this application. six (6) conies of all location m and reclamation maps, and the appropriate processing fee (see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Duality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 707-9220. -24- 0 0 APPLICATION FOR A MINING PIVIT MINING FEE SCHEDULE Anon refundable permit application processing fee when filing for anew mining permit, a major permit modification or a renewal permit is required as follows: 0-25 acres 26+acres New Permit Applications $3,750.00 $55000.00 Permit Modifications $750.00 $1,000.00 Permit Renewals $750.00 $1,000.00 Transfers/Minor Modifications* $100.00 $100.00 " A nonrefundable 5100.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership transfers, name changes, bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added Ina permitted area, outside of the minimum permit buffer zone requirements, where no plans for mining related disturbance of the added lands have been approved. All other changes are considered major permit modifications. Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected by the modification within the permitted mine area, or any additional land that is to be disturbed and added to an existing permitted area, or both. - 25 - APPLICATION FOR A MINING POIT 0 SCHEDULE OF RECLAMATION COSTS Based upon range of $500 - $5 000 per affected acre COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill dirt, CS = Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI = Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine, KY = Kyanite/Sill imanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other Type T/S Ponds S.piles W.piles P.area/H.R. Mine Excay. SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $500/ac.(L) Borrow 1500(FI) $2000(PD) CS, DS, 500(L) 1800 2000 2000 500(L) FS, MI, 1500(FI) 2500(PD) LI, PF, OL, KY PH 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) CL 1000(L) 2500 5000 5000 2000(L) 2500(FI) 3700(PD) PE, AU, 1000(L) 2500 3000 3500 2000(L) TI, OT 2500(FI) 5000(PD) (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING. AS A MINIMUM: • FINAL GRADING COSTS PER ACRE • LIME AND FERTILIZER COSTS PER ACRE • YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATIONIPERMIT 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. -28- Temporary Gravel Construction Entrance / Exit Details Practice Standards and Specifications 6.06 Lee Hoggard Sand Mine Merry Hill, INC Sertie County Figure e.Ods Gravel ent ameasil kaW sedmont from kkawing tho consauchm site (moddiad Iron Va smcy Graveled pad located at entrance to access roads at Lee Hoggard Sand Mine, where traffic moves directly onto NC 45. Thickness: 6 inches minimum Width: 12-feet on North Access Road, 15-feet on South Access Road Length: 50-feet minimum on both north and south access roads as per diagram above. Aggregate Size: 2 — 3 inch coarse slag Maintenance: Maintain the gravel pad to prevent mud or sediment from leaving the construction site. Periodic top dressing with 2-inch stone will occur as needed during the life of the permit. After rainfalls, immediately remove all objectionable materials spilled, washed, or tracked onto public roadways. Ken Elliott, consulting October 30, 2013 Berm Construction Details Lee Hoggard Sand Mine Merry Hill, NC Bertie County Narrow -based berm The narrow -based berm is the most common berm having a top of 2 feet (0.6 m) and side slopes of two horizontal: 1 vertical. This berm is the most economical to build as it requires the least material. The steep side slopes of this type of berm eliminate the possibility of working on it with farm machinery. Berm Construction The berm construction comprises of the scraping back of the topsoil from the area where the berm and storage basin is to be built. A subsoil material, free of stones, rubble, stumps etc. and with at least 10% clay should be used to construct the berm. The material for the berm may be obtained from the area behind or in front of the berm location or moved from a borrow pit located elsewhere on the farm. An earth mover will be required to move material from a pit located a distance away while a bulldozer would be used if material is located in the berm area. The berm material is to be placed in layers and compacted as each layer is added. After the berm has a final shape the sides of the berm should also be compacted. Emergency Overflow To provide for larger -than designed peak flows, an overflow system is used, namely: • "The level -top vegetated berm crest" which provides for very flat berm top so that the water will overflow along the berm length in a thin layer so as not to create erosion problems. Ken Elliott, consulting October 30, 2013 LEE G HOGG' 644 LEDREW PERRY RD.VW.. 751 . MERRY HILL NC 27957 - r .r*.. ..,DATE PAY TO �so� THE ORDER OF rr Windsor - „ ty.,-s ' MEMO �% • -° ,�,. _■- 'r r r.'f .IIP -�41_`U iid eu Uuu3 b1.1 r Un'tb SENDER: r .N JONIK ETC rHIS SECTIOMON . �• m tuts a �1111Complete Hems 1,,2, and 8 Also complete 'Itern 4 If Restricted Deiivery Is desired. 1. } ❑ l� _ N Print .yoi r name and addiess'on the revi3f8e X ftC f�� p Md so that we can mtum•the card to you. by (pd ) C. bow o! p' m g1 0' Attach.this card to the back of the mailplece, or on the front if space permits. 3' D. Is d&mry eddrew dMarert from Rem t? Ci Yes 1, Article Addreaeed to If YE%- artier deliveryaddress fief : 0 Na Q ref �' yam • Scott Sauer x c interim Bertie County Manager w C. r.F -PO,B x 530 3. sor e � o ceediari ©'� nor oo � Nlindjor`, NC 27983 9 w 0 RepiEteiad ❑ Retum Reaelpt for MeOw3 o E,r F CI'Insumd Mai .. • C.D.D. 4 ire pee) ❑;Yes r 2. Artlde Number serwoe 7010 1870 0003 61370846 P8 Form 3811,, Febri ary t I* ' oarnesuc Return Recut ,ems tiz �s f 7010 1870.0003 6137 0747 reENrER: COMPLETE THIS SECTION i posts iterr s 1, 2, and 3. Alm complete Ai re • horn 4 if Restricted Deihrery Is dasliz. O A ■ Print your hdrne and address on the revenge x ; Cl Add so that we can retum the card to'you t3. ad byMarne) C. t]ate of [�! w ' of Attach this card tothe back of the mallpieae, ° w or otl.the front if ei78Ce permits: S' 13i, la delivery eddrees7,a=rus 0,. 0 Yes 1. Article Addreasad forIf YES; aMm doll © No n WiiiianiTyro/fnFle+' James �r r•> > M 339 Jamestown Road I a. servh;gli pa cc 0° su Windsor, NC 27983 O gerttfied Mall 13 Mall 0 Registered 0 RoWm RecW far ❑ Insured Mall C3 C.Q.D. �- 4, Restricted DalhWy? Of Fee) ❑ yes2. Article Number (lTmrrsre►Ira+►r serVlce l9l�D l 7 010 1870 0003 6137 07 47 PS Form 3811, Fatiruary 2004 Damostlo Return Recai 7-1 - "- --r 7010 1870 -0003 6137 0839 _ SENDER: compLc-rE THIS SECTION COMPLEW MIS SCCTIONON OCEIVEVY ■ GOmplate items 1, 2, and 3. Also complete Item .4:1f.Restricted DalWry is desired.. •■ Print your name and address on the ravemeX Raeehred by (PnrMed lvarne} aAttach so that We can return theCard to u this card to the.back ot-tho tallpiece,.- � �ajii or on the front 0 space permits, � rvD.- Is deli address different ts<zn r1°1. It YFa. arricu dalfgary uddrnss boaaalz A►tlele nddreseed to;. 1w. o. VGene Phelps1.LA H. M129 Castle DriveSmithfield, NC 27577 0 CWHRed Ma>j. ❑ EVrm © Regstered Ci Ratum Ro lnsumd Mall i3 C.n.D.4. meted Deli � Yes 2_ Article Number rnnsternort;,6tee4 m� 7 p, 0 187 0 CJ 0 0 3 .6�13 7 0$ 3 R. i P5 Form 3811, February 2004 � _Domestic Return Roce:pt S. Complete,fterris 1, 2; and 3. Also complete Rem 4. If Restricted Delivery is deslred. ■ Print.your name and address on the reverse` so that we can return the lard to you. , ■ Attach this card to the back of the mailpl" or an 11he front If space permits. I 1. Article Addressee to: J Donald Ray,Carter l S.Wacelved by ( Printed Name) C. Date of Do D. es delkry address d[Nerent from Rem 1? © Yes If YES; enter dedvery address below: Q No # 118 NCA5 South 3. sorvice7ype- "f Merry Hill, NC 27957 'I O cerewmail . 17 .Mall j El . Oglstered Ci Return Reeelpt for Merch rl 0 Insured Mall 0 cap ( 4: Restricted DeINery7 P tra foo ❑ Yes 2. Article Number; 'nomfa�,. 7010 1870 0003 6137 0822 P8 Form 3811, February 2004 Domestic Ratum Receipt io2s95�x l rD W Oi x n FL Qq .. n Ln C1 s M �. . 7010 1870 0003 6137 081 SENDER:�_� fii Complete Rams 1, 2, a" 3•Also complete Item 4 If Restricted Delivery is deslred:• X G gent ■ Print your name and address On tito reverse that we can return the card to`you. ' '' Add ' so` . B eoelvod (Priirfed l+fgrr>a) Cu. Date f IN Attach this card to the back of the mail 1ece, P ' or on the front 0 space permits. 1.. Articla Addressed to: 0. Is delivery addrassd from Rem 1? If YE8 er►tei delive addrea5 below ❑ No O — « M aide Little M 1�'" to ko � G ilf yBox 251 3. sorv�olype Hill, NC 27957 Oncertineanail . p Malt 3 Reglatered ❑ Return Receipt for b! t e.:.ArWAU rrumoar `{IliVfi WfloorWvlbo'febfrf) P5 Form,3811, Febnrary2 S s Oomplete sterns 1, 2, and 3.'Al3o complete A. 81 ro Cat 'Item A n Restricted Delivery Is desinid. ti . ,A9 .4 It Print your name'and Qddwss on the reverse X, f ❑ Ad " an that we'can return the caFif to ou Y B P Prod )¢� c Date a Attach this card to'the back of .the mailpleco, or on'.the front If apace permits.. �' i u W 1. APIWe Addressed to: D. Is deflvery address Ai erortt item 1?,"M Yes _' �j p f If YE$, enter delivery adder below: Cl NoCr Robert,, l. James n �. l (CD J 33315`"'Street SE o v+ Washington, DC 20Q32 a o o. 86rvW oddMafl d�ressMaR N r�, 1T , ❑ Registerod Ci Ratum Rowiprt for M !2. AM010Number ' marrow f}iom aeneslattedj ❑ IrtBured Mess C.D.D. 4. Restricted Doliveryti Pit Foe) i 7010 1870 0003 6137 0730 ■ ■ • r H ra e c 7010 1870 0003 6137 0815In 0.( mi M, D -„ . v '1 m Q',O k M. Dotitestic Rstum Recolpt�° � � ..:10258S9�M 'odds Crossroads a `13M 4� 104 `r 1301 As laud 1360 1365 rr l,an 1358 J . j 1361 h� ti5 ?pS 45 13" Lee Gregory ward 1362 Crossroads ] Sand Mine ti' Taylors 1361 Edenhouse 1.30 Store z. 1364 363 id wa� ]539 � 17 r1540 d 1155 01 ---- Cl*ft. i .2 �S 1502 '389 Merry Hill � 1502 1503 1540 j•8g 150ti Y.93 IS02 .11 .� �f 15]D 1540 1511 ftcasin ]S00 1Q? 0 1.I1. 1537� 0 U AERIAL SHOWING LOCATION OF PROPOSED 12.67 ACRE SAND PIT OPERATED BY LEE GRAHAM HOGGARD, MERRY HILL, NC. ADJACENT LANDOWNERS' PARCELS ILLUSTRATED. • 0 Em �: ..nr a a. : yr ..nr.� �r. z.��z .�, !.n ;.ec 0 • ■ r 0 � / J ♦ 1 � E / r J ! J f I J 1 J f f I l l r 1 f i I i t I 1 � � E • I \ • t I J ! E I Iw t I \ \ \N r I J4- t \ CONTOUR MAP t\\\• \\ —" llt If/ HOGGARD\•\ wEr�wo NC 45E& OLD tf JtrMINE MERRYNHILL ROAD lfJTrtyf MERRY MILL. BERTIE COUNTY, NC �" LEE GRAHAM NOGGARD, OPERATOR \ \ t \J \ \• \\ \\ Ill& u`y J `rr' MAP BYELL IOTT NSU TI NG CONSULTING �'^ R Z ELEVATIONS ARE RELATIVE TO SEA LEVEL SCALE: 1IN = 125rT 0