HomeMy WebLinkAbout20210607_ApplicationAPPLICATION FOR A MINING PERMIT
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
Name of Mine Hood Creek Soils County: Caldwell
River Basin: Catawba
Latitude (decimal degrees to four places) 35.9208 RECEIVED
Longitude (decimal degrees to four places) — 81.5736 JUN 0 2 2021
2. Name of Applicant* Hood Creek Soils Com anLLC -AND QUALITY
MINING PROGRAM
3. Permanent address for receipt of official mail** 205 Walnut Street, Statesville, NC 28677
Telephone (704) 464-6800 Alternate No. (919) 650-8353
4. Mine Office Address 205 Walnut Street, Statesville, NC 28677
Telephone (704) 464-6800
5. Mine Manager Raymond Hoffman
6. E-mail Address: rhof&nan(ct7hna-engineering.com
I 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.
Date May 27, 2021
Print Name
Title -Member, Mine Manager
This will be the name that the mining permit will be issued to and the name that must be indicated on the
reclamation bond (security) that corresponds to this site.
** The Division of Energy, Mineral, and Land Resources must be notified of any changes in the permanent
address or telephone number.
*** Signature of company officer required.
G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of
a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any
supplemental information required by the Department. All questions must be addressed and all required maps
provided before this application can be considered complete. Attach additional sheets as needed.
-2-
APPLICATION FOR A MINING PERMIT
NOTE: All of the following questions must be thoroughly answered regarding your mining operation for
the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map.
A. GENERAL CHARACTERISTICS OF THE MINE
1. Answer all of the following that apply:
® If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the
permit (this is the acreage that the "new permit" fee will be based upon): 25.1
Of this acreage, how much is owned and how much is leased? Acres owned: 25.1
Acres leased: Property owner if leased:
❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit
number and the total (overall) acreage covered by the existing permit.
Mining Permit No.: Total permitted acreage:
Does the modification involve acreage within the previously approved permitted boundary?
Yes ❑ No ❑. If yes, indicate the acreage to be covered by this modification (this is the acreage
that the "major modification" fee will be based upon):
Does the modification involve acreage outside the previously approved permitted boundary?
Yes ❑ No ❑. If yes, indicate the additional acreage to be covered by this
modification: . (NOTE: you must complete all of Section F. of this application form
entitled Notification of Adjoining Landowners).
Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed,
ground cover removed) by the mining operation? Yes ❑ No ❑ (If no, a "minor modification"
fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the
acreage to be affected within the acreage to be added to the permit (the total acreage to be added to
the permit is the acreage that the "major modification" fee will be based upon):
❑ If this is an application for TRANSFER of a mining permit, indicate the mining permit number and
the total (overall) acreage covered by the existing permit.
Mining Permit No.: Total permitted acreage:
SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE
PAID FOR THE REQUESTED PERMIT ACTIONS) AND CORRESPONDING ACREAGE NOTED
ABOVE
2. Name of all materials mined: Soils and rock
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) 20 feet
Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.)
natural around level
b. Expected average depth of mine (feet) 20 feet
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? Approx. 2017 by previous property owner's
contractor
-3-
APPLICATION FOR A MINING PERMIT
6. Number of years for which the permit is requested (Life of the Mining Operation or Life of Lease from
Public Entity): Life of the Mining Operation
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) copies of all mine maps and reclamation
maps, must be submitted with each permit application.
7.5-minute quadrangles may be obtained from the N.C. Geological Survey
Mailing Address: Physical Address:
1612 Mail Service Center OR 512 North Salisbury Street, 5 h Floor
Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604
(919)733-2423
httD://Dortal.ncdenr.orQ/web/Ir/geological home
County highway maps may be obtained from the N.C. Department of Transportation:
North Carolina Department of Transportation — Geographic Information Systems (GIS)
Mailing Address: Physical Address:
NCDOT GIS Unit NCDOT GIS Unit
1587 Mail Service Center 3401 Carl Sandburg Court
Raleigh, North Carolina 27699-1587 Raleigh, North Carolina 27610
(919)212-6000
http://www.ncdot.ore/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. Thus, all mine and reclamation maps
must denote those activities that are intended to be conducted during the life of the mining permit.
All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the
following, at a minimum:
a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located
including easements and rights -of -way.
b. Existing or proposed permit boundaries.
c. Initial and ultimate limits of clearing and grading.
d. Outline and width of all buffer zones (both undisturbed and unexcavated).
e. Outline and acreage of all pits/excavations.
f. Outline and acreage of all stockpile areas.
g. Outline and acreage of all temporary and/or permanent overburden disposal areas.
h. Location and acreage of all processing plants (processing plants may be described as to location and
distance from mine if sufficiently far removed).
i. Locations and names of all streams, rivers and lakes.
j. Outline and acreage of all settling and/or processing wastewater ponds.
k. Location and acreage of all planned and existing access roads and on -site haul roads.
1. Location of planned and existing on -site buildings.
m. Location and dimensions of all proposed sediment and erosion control measures.
n. Location of 100-year floodplain limits and wetland boundaries.
o. Names of owners of record, both public and private, of all tracts of land that are adj oining 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 ofrecord of tracts adj oining these tracts, that are within 1,000 feet
of the mining permit boundary, must be provided on the mine map.
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)
—5—
APPLICATION FOR A MINING PERMIT
A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment
ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the
mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart
similar to the following will be acceptable:
CATEGORY
AFFECTED ACREAGE
Tailings/Sediment Ponds
0.45
Stockpiles
0.0
Wastepiles
0.0
Processing Area/Haul Roads
1.9
Mine Excavation
25.1
Other (Explain)
Total Disturbed Acreage
27.45
NOTE:
IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC
INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN
THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS
THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE
WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS.
APPLICATION FOR A MINING PERMIT
C. PROTECTION OF NATURAL RESOURCES
1. Describe in detail the sequence of events for the development and operation of the mine and reference the
sequence to the mine map(s). Attach additional sheets as needed.
Test pits will be excavated and soil samples collected to locate pockets of clay liner material. Surveyor will stake
out limits of disturbance for Areas 1, 2, 3 and 4 and locations for sediment fence, sediment basins and storm
conveyance channels. Erosion control measures will be installed with silt fence first then initial sediment
basin/traps for area(s) to be disturbed. Silt fence will be placed outside of the stream buffer and will also be placed
around and closer to the disturbance area. Clay materials will be our main product for use in landfill cell liner
construction projects (off -site). Topsoil will be temporarily stockpiled near the excavated areas and will be spread
to encourage vegetation establishment.
Limits of disturbance are well within the property buffers and have also been set for the 300-ft buffer for off -site
structures.
Access driveway permit #D 1-12-014-21-00002, received from NCDOT, May 2021) onto Hoods Creek Road with
interior access road to the top deck will be graded in, road fabric placed and stone topping. Driveway area will be
concrete paved up to 50-ft into the property. A second road will be graded in, approximately halfway up the slope
and will be used as a stormwater diversion berm. Additional roads may be required to access areas with clay as they
are found. A parking area and office location will be established near this entrance as shown on Drawing 4. This
work will be completed first to help get trucks and other equipment into the site.
Disturbed areas will be limited to less than 5-acres at a time and will be vegetated when soil removal operations are
complete. Some excavations may be used as sediment traps or will remain as part of the overall reclamation plan
for walking trails. Areas around these will use stockpiled topsoil to support vegetative growth.
Area 1 was excavated by the previous property owner. Entire areas 1-4 were timbered by previous owner also.
Our operation will begin excavation within Area 4 and by constructing the main access road to the top of the hill.
Construction of sediment basin #2/outfall 4, to be established at base of the drainage area 4. Additional sediment
traps will be created closer to each borrow location (as part of the clay soil removal process). Topsoil will be
stripped and stockpiled with silt fence placed around the perimeter. Bermed channels and sediment traps will be
constructed close to the disturbed areas to prevent stormwater from running across disturbed areas and to guide
water that passes over the disturbed area to down -drain pipes and into the sediment basin prior to discharge. Clay
soils will be excavated down to bedrock (approximately 10-15 feet) and stockpiled or direct hauled off -site.
Excavated pits will be graded with 3 :1 or 4:1 slopes with the lowest elevation end to be kept open to allow drainage.
Structural fill soils will be stockpiled for later removal from the site. Topsoil will be spread over disturbed areas to
promote re-establishing vegetation. Likely 1-3 years to complete soil excavations within this Area.
Area 3 will be next and will be developed in the same method as Area 4.
Area 2 will be developed after Area 3 is complete in the same method as the previous Areas.
Area 1, likely has had all of its' clay soil material removed by the previous property owner. Further investigation
into this area will be necessary. Currently this area is vegetated and has a sediment trap and berms in place.
2. Describe specific erosion control measures to be installed prior to land disturbing activities and during
mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine
excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of
installation and schedule for maintenance of the measures. Locate and label all sediment and erosion
control measures on the mine maps) and provide typical cross-sections/construction details of each
measure. Engineering designs and calculations are required to justify the adequacy of any proposed
measures.
Silt fence will be installed on the Northern edge of the Greasy Creek stream buffer and around identified areas
-7-
APPLICATION FOR A MINING PERMIT
where clay deposits are identified within Area 4 that will be excavated first. Stockpile areas will also be surrounded
with silt fence and will be temporarily vegetated when soil excavation is complete. We do not intend to build large
stockpiles of materials and will move clay and structural fill materials off -site as needed or required by the off -site
landfill facility.
Drainage ditches along the interior mine roads will direct flows to 1 of 2 sediment basins or 1 of 2 sediment traps.
One sediment basin or trap (depending on drainage area) has been designed for each of the 4 areas to be excavated.
Additional sediment traps may be constructed closer to the disturbance areas and excavated clay pit areas may be
utilized as traps for convenience and as an additional layer of protection.
Weekly inspections of E&S controls will occur with documentation and after every 0.5" rain event. Onsite
equipment will be able to clean out accumulated sediments from ditches, traps and basins as needed.
Vegetation will be re-established immediately after final excavation and replacement of topsoil is finished. If an
area has not reached final grade but will not see additional activity within a 30-day period, the area will be stabilized
using a temporary grass mix and blown straw.
Access roads will have water berms installed to direct water from the road and into the adjacent ditch.
3. a. Will the operation involve washing the material mined, recycling process water, or other waste water
handling? Yes ❑ No®. If yes, briefly describe all such processes including any chemicals to be used.
b. Will the operation involve discharging fresh or 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 of the discharge and locate
all proposed discharge points (along with their method of stabilization) on your mine map(s).
c. Will any part of the proposed mine excavation(s) extend below the water table? Yes ❑ No Z.
If yes, do you intend to dewater the excavation(s)? Yes ❑ No.❑.
If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate
in gallons per day: . Locate all existing wells on the mine maps) that lie within
500 feet of the proposed excavation area. Provide data to support any conclusions or statements made,
including any monitoring well data, well construction data and current water withdrawal rates. Indicate
whether the proposed mine locale is served by a public water system or private wells.
d. If you answered yes to any of the above questions, provide evidence that you have applied for or
obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the
Stormwater Program. In addition, the applicant is required to register water use with the Division of
Water Resources, Ground Water Management Branch, if the operation withdraws more than 10,000
gallons per day and needs a capacity use permit from the Division of Water Resources, Ground Water
Management Branch, if the operation lies in a capacity use area and withdraws more than 100,000
gallons per day.
4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ® No
❑
yes, es indicate evidence that you have applied for or obtained an air quality permit issued the
Division of Air Quality or local governing body. q p Y
Portable rock crushing plants that are used part time are exempt from NCDAQ permits. Crushing will
be performed on a limited basis using a portable crusher. The portable crusher will be onsite fewer than
12 months per year, will crush less than 300,000 tons and will use less than 17,000 gallons of diesel
fuel.
b. How will dust from stockpiles, haul roads, etc., be controlled?
A water truck will be used to keep the roads wetted. Stockpiles will be vegetated if not planned for
removal from the site within 30 days. Roads will be topped with fabric and gravel to reduce dust and
onsite speed limits will be limited to less than 15 mph.
APPLICATION FOR A MINING PERMIT
5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of-
way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion &
sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance
within the buffer whatsoever), or a combination of the two, depending upon the site conditions.
Note that all buffers must be located within the mining permit boundaries.
How wide a buffer will be maintained between any mining activity and any mining permit boundary
or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer
may be needed depending on site conditions. Show all buffer locations and widths on the mine
map(s).
We will maintain a minimum 25-ft buffer. In most locations it will be greater as shown on the mine
map.
b. A minimum 50-foot wide undisturbed buffer will be required between any land disturbing activities
within the mining permit boundaries and any natural watercourses and wetlands unless smaller
undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may
be needed.
We will maintain an undisturbed minimum, 50-ft buffer between disturbed areas and Greasy Creek.
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).
We will maintain a minimum 50-ft buffer to any streams or wetlands on the property as shown on
the map.
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.
We will maintain 3:1 maximum outside slopes. We will mine clay soils from the site and will likely
reach top of bedrock in most places. Slopes from excavated pits will also be graded to no more than
a 3:1 slope for accessibility and safety.
b. Provide a cross-section on the mine maps) for all fill slopes (berms, wastepiles, overburden
disposal areas, etc), clearly indicating the intended side slope gradient, installation of any benches
and/or slope drains (with supporting design information) if needed, and the method of final
stabilization.
We do not anticipate having any fill slopes other than some topsoil stockpiles. Slopes will be less
than 3:1 and will be vegetated.
c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including
specifications for benching and sloping. Cross -sections for all cut slopes must be provided on the
mine map(s).
All slopes in soils will be no greater than 3:1. We do not anticipate depths to be greater than 15-ft.
In the event that benches are required, we will make these 1.5 times the width of the excavator and
no more than 15-ft in height.
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.
APPLICATION FOR A MINING PERMIT
At this time, we do not anticipate excavations into bedrock.
7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling
house, public road, public, commercial or industrial building from any mine excavation. Locate all such
structures on the mine map if they are within 300 feet of any proposed excavation.
No neighboring property structures are within 300 feet of our planned excavations as shown on the mine
map.
8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area
and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder
barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each
type of barricade to be used must be indicated on the mine map(s).
We do not anticipate having any high wall areas and will keep our slopes to no more than a 3 :1 slope. In the
event that we do have a potential issue, we will install barricade fencing and other barriers such as boulders
and/or cut trees to prevent access to the area.
9. Are acid producing minerals or soils present? Yes ❑ No ®.
If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled?
10. a. Describe specific plans (including a schedule of implementation) for screening the operation from
public view such as maintaining or planting trees, bushes or other vegetation, building berms or
other measures. Show the location of all visual screening on the mine maps) and provide cross -
sections through all proposed berms or proposed spacing, sizes and species for tree plantings.
Initial operations will begin at the highest point on the property and will be open to view from Hoods
Creek Road and possibly Cheraw Road. Large trees and other shrubbery exist alongside of Hoods
Creek Road and will effectively screen most of the operation April thru October. Additional screening
efforts, new tree and shrubbery plantings, will be done along Hoods Creek Road and will comply with
local zoning standards for the City of Lenoir ETJ and Caldwell County. Select pruning and removal of
trees along Hoods Creek Road may be required prior to installation of new plantings. Some slope work
may also be required to better stabilize roadside banks on the south end of Areas 1 and 2.
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?
There are no known publicly owned parks, forest, or recreation areas nearby and therefore, no impacts to
these features from our proposed operation.
11. Will explosives be used? Yes ® No ❑.
If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical
hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations.
Depending on the mine's location to nearby structures, more detailed technical information may be
required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied
structures) to the proposed excavation(s) on the mine map and indicate its approximate distance to the
proposedd excavation.
Fracture explosives will be used. Specific types are unknown at this time. Specialty, licensed contractors
will be used for any drilling and blasting operation. A site specific and Area specific blasting plan will be
developed for approval prior to any blasting event. Vibration monitoring will be conducted for each blast
and adjustments made accordingly. Seismographs can be used at the property boundary to measure any
ground disturbances. The two closest structures to the mining area are outside of the 300-ft buffer.
—10—
APPLICATION FOR A MINING PERMIT
12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ® No ❑.
Ifyes, describe these materials, how they will be stored and method ofcontainment in case ofspill. Indicate
the location(s) of all storage facilities on the mine map(s).
We will have a 500-gallon, portable, diesel fuel tank onsite that will have an earthen berm installed around it
with a geomembrane liner installed inside the berm. This fuel tank and berm set-up will be moved based on
the current operating area and accessibility for a delivery fuel truck to reach.
D. RECLAMATION PLAN
Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate
the sequence and general methods to be used in reclaiming this land. This must include the method of
reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment
of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This
information must be illustrated on a reclamation map and must correspond directly with the information
provided on the mine map(s). In addition, design information, including typical cross -sections, of any
permanent channels to be constructed aspart ofthe reclamationplan and the location(s) of allpermanent
channels must be indicated on the reclamation map.
This property will be reclaimed as a forested area. Upon completion of excavating materials from each area,
slopes will be graded to 3:1 or flatter, topsoil will be placed and graded, with trees and other native plants to
be planted. Walking and mountain bike trails will be included as part of the reclamation if the community
has an interest.
Sediment basins will be decommissioned by removing the outfall riser structure and discharge pipe along
with grading out any berms that may retain water. Any permanent stormwater channels will be graded to
blend in with existing contours. Permanent vegetation will be established for each and erosion control
blankets will be used.
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) ofwater. 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.
Excavated areas deeper than 4-feet may be left as part of the site's reclamation plan. We do not currently
know excavation depths that will be achieved and will provide cross sections and locations for these areas at
a later date.
Will the body(s) of water be stocked with fish? Yes ❑ Now.
If yes, specify species.
3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock
including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate
fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent
barricades must be shown on the reclamation map.
Any excavations in rock will have the exterior or interior walls graded to a maximum slope of 3:1. Areas
above these locations will have boulders, fencing or other type of barricade installed. If permanent fencing
is installed, it will be placed at the outer edges of the Limits of Disturbance.
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.
-11-
APPLICATION FOR A MINING PERMIT
Any overburden, spoil banks or other mine waste, though not anticipated, will be graded out to blend with
the site's existing topography or used to create the 3 :1 slopes as needed. Overburden materials consisting of
topsoil, clay soil and structural fill soil are all considered useful, saleable products. Mine waste, such as old
equipment will be removed and sold for scrap.
5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways.
Any processing facilities will be dismantled and removed from the site. Stockpile areas will be graded to
blend with existing contours or to create 3:1 slopes as needed. On -site roadways will be stripped of stone
and road fabric and graded to blend with surrounding contours. Water berms may be installed to direct
water off the road.
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.
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 Environmental Quality, Division of Energy, Mineral, and Land
Resources and either the Division of Waste Management (DWM) or local governing body. If a
disposal permit has been issued by DWM for the site, a copy of said permit must be attached to
this application. All temporary and permanent refuse disposal areas must be clearly delineated on the
mine maps) and reclamation map, along with a list of items to be disposed in said areas.
Any scrap metal, junk machinery or other metals will be sent off -site for recycling. Other waste
materials will be removed for disposal at the nearby, off -site landfill.
7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must
include recommendations for Year-round seeding, including the time of seeding and the amount and type
of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding
instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is
not acceptable. Recommendations can be sought from:
a. Authorized representatives of the local Soil and Water Conservation District;
b. Authorized representatives of the NC Forest Service, Department of Agriculture and Consumer
Services;
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 NC Forest Service, Department of Agriculture and
Consumer Services;
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): Rates will be based on soil test results that will be
collected and analyzed at different locations within the disturbed areas. NCDEQ recommends 2,000
lbs/acre.
FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): Rates will be based on
soil test results that will be collected and analyzed at different locations within the disturbed areas.
NCDEQ recommends 10-10-10 at 750 lbs/acre.
—12—
APPLICATION FOR A MINING PERMIT
SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING
SCHEDULE (pounds/acre): [NOTE: Include Legumes]
Seed Types:
Temps
Rye Grain
Kobe Lespedeza
German Millet/Sudan Grass
Permanents
Seeding Dates:
Jan 1-May 1/Aug 15-Dec 30
January 1 - May 1
May 1- August 15
(Nurse crop)
Rye Grain/German Millet Anytime
(Primary Native)
SwitchgrassBluestem/Sweet Woodreed December - April
Deertongue/Indian woodaots February - October
Seeding Rates:
120 lbs/acre
50 lbs/acre
40-50 lbs/acre
40/10 lbs/acre
2.5/5.0/1.5 lbs/acre
1.5/4.0 lbs/acre
Based on NCDEQ's Erosion and Sediment Control Manual for Seeding Schedule. Alternate seed blends
may be used based on supply and recommendations from Green Resources in Charlotte.
MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING:
4,000 lbs/acre straw anchored by tacking with asphalt, netting or mulch anchoring tool. Rates may vary
depending on conditions.
OTHER VEGETATIVE COVERS - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING
SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Trees and native
shrubbery will be planted in addition to the grass blends with spacing dependent on the type of tree and/or
shrub selected. Licensed forestry managers will be utilized to help with the selection and planting.
Revegetation and/or reforestation plan approved by:
Signature
Print Name
Title
Agency
-13-
Date
APPLICATION FOR A MINING PERMIT
E. DETERMINATION OF AFFECTED ACREAGE AND BOND
The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range
of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the
Department to be affected during the life of the miningpermit. Please insert the approximate acreage,,for each
aspect ofthe mining operation, that you intend to affect during the life o this mining permit (in addition, please
insert the appropriate reclamation cost/acre for each category from the Schedule of Reclamation Costs
provided with this application form) OR you can defer to the Department to calculate your bond for you based
upon your maps and standard reclamation costs:
AFFECTED RECLAMATION RECLAMATION
CATEGORY ACREAGE COST/ACRE* COST
Tailings/Sediment Ponds:
.45 Ac.
X
$
1,000
/Ac. _
$ 450.00
Stockpiles:
0-Ac.
X
$
1,800
/Ac. _
$ 0.00
Wastepiles:
0 Ac.
X
$
/Ac. _
$
Processing Area/Haul Roads:
1.96 Ac.
X
$
1,800
/Ac. _
$ 3,528.00
Mine Excavation:
25.1 Ac.
X
$
500
/Ac. _
$ 12,550.00
Other:
Ac.
X
$
/Ac. _
$
TOTAL AFFECTED AC.:
25.1 Ac.
(TOTAL PERMITTED AC.:
25.1 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 20.1 Ac.
b) Positive Drainage 5 Ac. X $1,500.00 = $ 7,500.00
SUBTOTAL COST: $ 24,028.00
Inflation Factor:
0.02 X SUBTOTAL COST: $ 24,028.00 X Permit Life Provided by Applicant (Life of the Mining Operation
or Life of Lease from Public Entity (20 Years)):$13,140.00
INFLATION COST: $ 9,611.00
Total Reclamation Bond Cost: $ 33,600.00
(round down to the nearest $100.00)
(NOTE: The reclamation bond cannot exceed $1 million per GS 74-54)
-14-
APPLICATION FOR A MINING PERMIT
F. NOTIFICATION OF ADJOINING LANDOWNERS
The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail,
return receipt requested, to:
(1) the chief administrative officer of each county and municipality in which any part of the permitted
area is located as indicated on the mine map(s);
(2) all owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor
of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are
within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and
(3) all owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary which lie directly across and are contiguous to any highway, creek, stream, river,
or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is
owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of
tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit
boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel
or less and is not designated as an Interstate Highway.
The only exception to the above method of giving notice is if another means of notice is approved in advance
by the Director, Division of Energy, Mineral, and Land Resources.
A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed
"Notice" form (the proposed overall permit boundaries and the names and locations of all owners of
record of lands adjoining said boundaries must be clearly denoted on the tax map).
The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the
Department, with the remainder of the completed application form, before the application will be considered
complete.
NOTES:
THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS
AND ALL MODIFICATIONS OF A NIINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS
REQUIRED BY NCGS 74-50(bl).
SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF
NOTIFICATION"
-15-
NOTICE
Pursuant to provisions G.S. 74-50(b1) of The Mining Act of 1971, Notice is hereby given that
Hood Creek Soils Company, LLC has applied on May 27, 2021
(Applicant Name) (Date)
to the Division of Energy, Mineral, and Land Resources, North Carolina Department of Environmental Quality,
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 clay, sand, soils, rock on 25.1 acres located 2.0
(Mineral, - Ore) (Number) (Miles)
West of Lenoir off/near road SR1307 Hoods Creek Road
(Direction) . (Nearest Town) (Number/Name)
in Caldwell County.
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(b1), 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 muting
permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,
all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit
boundary). In addition, the mine operator must also notify the chief administrative officer of the county or
municipality in which any part of the permitted area is located. Any person may file written comment(s) to the
Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application
for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to
G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above.
A copy of the permit application materials is on file and available for public review during normal business
hours at the above listed address as well as at the appropriate regional office. For information regarding the
specifics of the proposed mining activity, please contact the applicant at the following telephone number:
'/u4-464-05uu . ror lnrormation on
contact the Mining Program staff at (919) 707-9220. Plea:
is
(Addressee/Owner of Record's
Name and Address)
(Date of Issuance of this Notice/
Mailed to Addressee/Owner of Record)
-16-
muting permit application review process,
)te that the Department will consider any r
Mining Act of 1971 throughout the annlicE
Hood Creek Soils Company, Raymond Hoffman
(Name of Applicant: Include Contact Person
& Company Name, if Applicable)
205 Walnut Street, Statesville, NC 28677
(Address of Applicant)
APPLICATION FOR A MMgNG PERMIT
AFFIDAVIT OF NOTIFICATION
I, Raymond Hoffman , 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 Environmental Quality, being first duly sworn, do hereby attest that the following are
all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit
boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the
mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit
boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail,
return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form
provided by the Department:
(Adjoining Landowner Name) (Address)
See attached list
(Attach additional list if necessary)
I do also attest that the following individual is the chief administrative officer of the county or municipality in which
any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by
certified or registered- mail, return receipt requested, to said office at the following address:
(Chief Administrative Officer Name)
[i.e.: City Manager, County Manager, Mayor, etc.]
Stan Kiser, County Manner
(Address)
905 West Ave, NW, Lenoir, NC 28645
The above attestation was made by me while under oath to provide proof satisfactory to the DDepar_tment 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 miring 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. 14-50(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.
I
Signature Applicant or Agent
& zU z I
Date
If person executing Affidavit is an agent or employee of an applicant, provide the following information:
Name of applicant: Hood Creek Soils Company, LLC
Title of person executing Affidavit Member
I, a a Notary Public of the County of -'000
State of North Carolina, do hereby certify that Ir�l
appeared before me this day and under oath acknow edged that the above Affidavit was
Witness hand and notarial seal, this day of 20 kiNz-.
Notary: my Co 'ssion expires: -- ZDZ�
Notary Public
Iredell Co., North Carolina — l 7 —
My Commission Expires Jan. 17, 2023
APPLICATION FOR A MINING PERMIT
G. LAND ENTRY AGREEMENT
We, hereby grant to the 'Depart ment or its appointed representatives the right.of entryand nd travel upon our lands
or operation. Burin g regular business hours for the purpose of making necessary field inspections or investigations as
may be reasonably -required in the adminisiratiori of the Muiuig Act of 1971 pursuant to G.S. 74-56.
We further grant to the Deparftaent or its appointed representatives the -right to make whatever entries on the
land as may be Treasonably necessary and to take whatever actions as may be reasonably necessary in order to . ry
out roclarnation which the operator has failed to complete in the -event a bond forfeiture is ordered pursuant to 0, S.
74-59;
LANDOWNER:
Signature:
print dame: Dan Fall Member
(Title, if applicable)
Company _ Hood Creek Soils Comx�py, LLC
(If aPplit"abTe)
Address; 2310 Q=et•-Road
Raleigil NC 27610
Telephone: 219 650-8353
Date -S-igned: -
APPLICANT:
a
Signature,:* ll
�_. .
Print Name: Ravmond Hoffinan
Title: Member _
Company: Hood Creek Soils Company, iLC
Mine Name: Hood Creek Soils Company
Telephone; (704) 464-6800
Date Signed:. _,.LL /ZC-, /?r, -Z
*Signature must be the same as. the individual who signed Page 1 of this application.
One on ' al and five co 1 -of the. coin feted a lication - six copies of all location nra s x M' O malps
and reclamailon mapst and the appropriate processing fee (see next page for fee schedule) in the form a cheek
or **640y order payable to the NO Carolina'Department of Environmen#ai Quality must be sent to the
Raleigh Centrall-Office at the address listed on the front cover of this application for�ani.
Ingp4i-es regarding, the status of the review of this application should be directed to the M ping PrDgrarn staff at
(91.9) 707-9220.
' -18--
APPLICATION FOR A MINING PERMIT
MINING FEE SCHEDULE
A nonrefundable permit application processing fee when filing for a new mining permit, permit modification or transferred permit is
required as follows:
New Permit Applications
Permit Modifications
Permit Transfers
Annual Operating Fee
0-25 acres 26+acres
$3,750.00
$5,000.00
$75 0.00
$15000.00
$100.00
$100.00
$400.00
$400.00
Acres for new permits means the total acreage at the site. Acres for modification of permits means that area of land affected by the modification within the permitted mine
area, or any additional land that is to be disturbed and added to an existing permitted area, or both.
- 19-
APPLICATION FOR A MINING PERMIT
There are seven Division of Energy, Mineral, and Land Resources (DEMLR) Regional Offices. Use the map below to
locate the Regional Office serving your county.
Asheville Regional Office
• Counties: Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Graham, Haywood, Henderson, Jackson,
Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Swain, Transylvania, Yancey
• Address: 2090 U.S. Highway 70, Swaunanoa, NC 28778
• Voice:828.296.4500
• FAX:828.299.7043
Fayetteville Regional Office
• Counties: Anson, Bladen, Cumberland, Harnett, Hoke, Montgomery, Moore, Richmond, Robeson, Sampson,
Scotland
• Address: 225 Green Street, (Systel Building), Suite 714, Fayetteville, NC 28301-5094
• Voice:910.433.3300
• FAX:910.486.0707
Mooresville Regional Office
• Counties: Alexander, Cabarrus, Catawba, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly,
Union
• Address: 610 East Center Ave., Suite 301, Mooresville, NC 28115
• Voice:704.663.1699
• FAX:704.663.6040
Raleigh Regional Office
• Counties: Chatham, Durham, Edgecombe, Franklin, Granville, Halifax, Johnston, Lee, Nash, Northampton,
Orange, Person, Vance, Wake, Warren, Wilson
• Address: 1628 Mail Service Center, Raleigh, NC 27699-1628 or 3800 Barrett Drive, Raleigh, NC 27609
• Voice:919.791.4200
• FAX:919.571.4718
Washington Regional Office
• Counties: Beaufort, Bertie, Camden, Chowan, Craven, Currituck, Dare, Gates, Greene, Hertford, Hyde, Jones,
Lenoir, Martin, Pamlico, Pasquotank, Perquimans, Pitt, Tyrrell, Washington, Wayne
• Address: 943 Washington Square Mall, Washington, NC 27889
• Voice:252.946.6481
• FAX:252.975.3716
-20-
APPLICATION FOR A MINING PERMIT
LAND QUALITY REGIONAL OFFICES (continued)
Wilmington Regional Office
• Counties: Brunswick, Carteret, Columbus, Duplin, New Hanover, Onslow, Pender
• Address: 127 Cardinal Drive Extension, Wilmington, NC 28405
• Voice:910.796.7215
• FAX:910.350.2004
Winston-Salem Regional Office
• Counties: Alamance, Alleghany, Ashe, Caswell, Davidson, Davie, Forsyth, Guilford, Rockingham, Randolph,
Stokes, Surry, Watauga, Wilkes, Yadkin
• Address: 1450 Hanes Mill Road, Suite 300, Winston-Salem, NC 27103
• Voice:336.776.9800
• FAX:336.771.4631
n
APPLICATION FOR A MINING PERMIT
SCHEDULE OF RECLAMATION COSTS
Based upon range of $500 - $5,000 per affected acre)
COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill dirt, CS = Crushed Stone,
DS = Dimension Stone, FS = Feldspar, MI = Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine,
KY = Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT
= Other
Type
US Ponds
S.viles
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.00039 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,1612 Mail Service Center, Raleigh, North Carolina 27699-1612
ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM:
• FINAL GRADING COSTS PER ACRE
• LIME AND FERTILIZER COSTS PER ACRE
• YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION
PLAN IN APPLICATION/PERMIT DOCUMENT)
• MULCH AND ANCHORING COSTS PER ACRE
• ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED
RECLAMATION PLAN FOR THE SITE IN QUESTION
YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERNIINATION.
-22-