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HomeMy WebLinkAbout20210702_ApplicationNC Dept of Environmental Qualih JUN 2 8 2021 Raleigh Regional Office Brent E. Wood Vice President for Legal Affairs 701 Corporate Center Drive, Suite 101 Raleigh, NC 27607 Tel: (919) 740-7325 Brent.Wood@fredsmithcompany.net Via Overniaht Mail June 25, 2021 RECEIVED Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality JUL 0 2 2021 1612 Mail Service Center LAND QUALITY Raleigh, North Carolina 27699-1612 MINING PROGRAM RE: FSC II, LLC dba Fred Smith Company— Request to Transfer Permit Compass Creek Pit, Edgecombe County Permit No: 33-44 Flat Rock Pit, Wilson County Permit No: 98-34 Harris Pit, Pitt County Permit No: 74-96 Gentlemen: In accordance with G.S. 74-51 of the Mining Act of 1971, FSC II, LLC dba Fred Smith Company, hereby notifies the N.C. Division of Energy, Mineral, and Land Resources that it has agreed to succeed to the interest of PLT Construction Company, Inc., by virtue of a sale and assignment of its sand pits, Compass Creek Pit, located in Edgecombe County, North Carolina, Flat Rock Pit, located in Wilson County, North Carolina, and Harris Pit, located in Pitt County, North Carolina, from PLT Construction Company, Inc., to FSC, effective as of June 22, 2021. The Compass Creek Pit is covered by NCDENR Permit No. 33-44, the Flat Rock pit is covered by NCDENR Permit No. 98-34 and the Harris Pit is covered by NCDENR Permit No. 74-96. Based upon this sale and assignment, FSC hereby requests that the Division release PLT Construction Company, Inc., from the duties imposed upon PLT Construction Company, Inc., effective as of June 22, 2021, which is the date FSC acquired legal ownership and control of the Compass Creek Pit, Flat Rock Pit and the Harris Pit. Finally, and with this letter, FSC assumes the duties of PLT Construction Company, Inc., effective as of June 22, 2021, with reference to reclamation of the pits. {File: Client Files/[ 035/470/00240219.DOCXI Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality June 25, 2021 Page 2 Consistent with G.S. 74-51of the Mining Act of 1971, completed Applications for a Mine Permit transfer are enclosed for each pit, along with all required attachments and a check for the required application fee. In addition, a letter from PLT Construction Company, Inc., confirming the sale and assignment of the Compass Creek, Flat Rock and Harris Pits is enclosed as well. If you have any questions or need additional information concerning this ownership change and future operation of this sand pit, please contact me at the above address and telephone number. Thank your assistance to this matter. Legal Affairs BEW/jsr Enclosures (File: Client Files/ 103 5/470/00240219. DOCX) PLT CONSTRUCTION CO., INC. 5676 Thompson Chopel Church Road • Wilson, North Corolino 27896 •(252) 243-4462 • Fox: (252) 243-5284 June 24, 2021 Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality NC bepr o 1612 Mail Service Center fEn°rronme Raleigh, North Carolina 27699-1612 ntal Quality 1�I(y RE: FSC II, LLC — Notice of Permitted Facility Sale $ zDzi Compass Creek Pit, Edgecombe County Raleigh Re Permit No: 33-44 gOnal Office Flat Rock Pit, Wilson County Permit No: 98-34 Hams Pit, Pitt County Permit No: 74-96 Gentlemen: In accordance with G.S. 74-51 of the Mining Act of 1971, the permittee, PLT Construction Company, Inc., hereby notifies the N.C. Division of Energy, Mineral, and Land Resources that it has sold its sand pits, Compass Creek Pit, located in Edgecombe County, North Carolina, Flat Rock Pit, located in Wilson County, North Carolina, and Harris Pit, located in Pitt County, North Carolina, to FSC II, LLC, effective as of June 22, 2021. The Compass Creek Pit is covered by NCDENR Permit No. 33-44, the Flat Rock pit is covered by NCDENR Permit No. 98-34 and the Harris Pit is covered by NCDENR Permit No. 74-96. With respect to the mining permit referenced above, the transfer of permit responsibility, coverage and liability, per the Mining Act of 1971, shall be effective as of June 22, 2021, which is the date FSC II, LLC acquired legal ownership and control of the Compass Creek Pit, Flat Rock Pit and Harris Pit. If you have any questions or need additional information concerning this ownership change and future operation of this sand pit, please contact Mr. Brent Wood at FSC II, LLC as follows: Brent E. Wood Vice President of Legal Affairs FSC II, LLC 701 Corporate Center Drive, Suite 101 Raleigh, NC 27607 {File: Client Files/1035/470/00240072.DOCX} Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality June 24, 2021 Page 2 Thank you for your help. If you should have any questions or comments, please do not hesitate to let me know. Very truly yours, PLT Construction Company, Inc. By: C c (cam Title: t i.P we-,r _ Cc: Mr. Brent E. Wood, Vice President, FSC II, LLC (File: Client Files/1035/470/00240072.DOCXI NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environmental Quality Division of Energy, Mineral, and Land Resources RECEIVED JUL 0 2 1011 LAND QUALITY MINING PROGRAI`a; 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 Revised: 2017 APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Compass Creek Pit County Edgecombe River Basin Tar -Pamlico Latitude (decimal degrees to four places) 35.97375 Longitude (decimal degrees to four places)-77.76745 2. Name of Applicant* FSC II, LLC 3. Permanent address for receipt of official mail**701 Corporate Center Drive, Suite 101, Raleigh, NC 27607 Telephone (919 )783-5700 Alternate No. (919) 740-7325 4. Mine Office Address 701 Corporate Center Drive, Suite 101, Raleigh, NC 27607 Telephone (919)783-5700 5. Mine Manager Bailey Watkins 6. E-mail Address: bailey.watkins@fredsmithcompany.net, I certify that all knowledge. We revocation. ***Signature Print Name Title contained in this Permit Application are true and correct to the best of our iderstapd that any willful misrepresentation of facts will be cause for permit Date 6—�--zr * 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. am 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): is Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: If this is an application for a MODIFICATION to a mining permit, number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: indicate the mining permit Does the modification involve acreage within the previously approved permitted boundary? Yes ❑ No ❑. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes ❑ NoFT 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.: 33-44 Total permitted acreage: 40 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: 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) +/- 15 feet from existing mine level Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) b. Expected average depth of mine (feet) +/- 5 feet from existing mine level 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? Clark & Langley Inc., 2001 - 2012 and PLT Construction since 2013 -2- 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 permit 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: Phvsical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5' Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919)733-2423 httn://nortal.ncdenr.orp-/web/ir/Reoloaical 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: NCDOT GIS Unit 1587 Mail Service Center Raleigh, North Carolina 27699-1587 Physical Address: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919)212-6000 ham://www.ncdot.org/it/szis/ 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. in. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. -3- APPLICATION FOR A MINING PERMIT 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.. or each aspect of the mining operation. that you intend to affect during the life of this mining permit (in addition. please insert the appropriate reclamation cost/acre for each category from the Schedule of Reclamation Costs provided with this applicationform) OR you can defer to the Department to calculate vour bond for you based upon your maps and standard reclamation costs: AFFECTED CATEGORY ACREAGE Tailings/Sediment Ponds: Ac. Stockpiles: Ac. Wastepiles: Ac. Processing Area/Haul Roads: Ac. Mine Excavation: Ac. Other: Ac. TOTAL AFFECTED AC.: Ac. (TOTAL PERMITTED AC.: Ac.) RECLAMATION RECLAMATION COST/ACRE* COST X $ /Ac. _ $ X $ /Ac. _ $ X $ /Ac. _ $ X $ /Ac. _ $ X $ /Ac. _ $ X $ /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 Ac. b) Positive Drainage Ac. X $11,500.00 = $ SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life Provided by Applicant (Life of the Mining Operation or Life of Lease from Public Entity (in Years)): INFLATION COST: $ Total Reclamation Bond Cost: $ 89,300.00 (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 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. LANDO' Signature Print Name: Brent E. Wood (Title, if applicable) Company FSC II, LLC (If applicaTe) Address: 701 Corporate Center Drive, Suite 101, Raleigh, NC 27607 Telephone: (919)_783-5700 Date Signed: APPL Signat Print Name: Brent E. Wood Title: Vice President — Legal Affairs Company: FSC II, LLC Q s civ-& 4q,,01— Mine Name: Telephone: (919) 740-7325 Date Signed: G. ", 9f..- 21 *Signature must be the same as the individual who signed Page 1 of this application. and five six (6) co mine and reclamation maps, and the appropriate processing fee (see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environmental Quality must be sent to the Raleigh 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. UNITED STATES STATE OF NORTH CAROLINA ROCKKY WM OVAORANOL6 ®�• OEPARTMENT OF THE INTERIOR OEPAWMENT OF NATUNAL Axo eCONOMIG n¢WUPCE9 >d M1� ¢v'® ji0MY1RMNIC) ' OEOLOOICAL SURVEY RAteIOH. NOPTN CAPOuxAJON o 41 .. �t.^ ROCKY Mount, N.c. IN r. �e 330D I p EDGECOMBECOUNTY NORTH CAROUNA