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HomeMy WebLinkAbout20200731_ApplicationMINING CHECKLIST FOR ROUTING Applicant's Name ' ' ;' -'= l ProjectName: N Applic./Permit No. `J�' County: Date Received % /31 /Z-Q Reviewer: - '- River Basin Name: aP c;5 i ( A2 ❑ New ❑ Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release ❑ Additional Information ❑ Fee Needed: S ] Fee Received: S Please route entire application package to : Regional Office (2 complete copies, the "LQS Regional O� Mining Application Revim Checklist" to one copy and attach both the D WQand D WR "Mining Application Review Form" to the other ropy; send both copies to the Regional Engineer) �,,�% Date: Routed S lD 0�" Rec'd ❑ Division of Water Resources Date: Routed Rec'd ❑ NC Wildlife Resources Commission Date: Routed Reed ❑ US Fish e Wildlife Service Date: Routed Reed (Only new applications and modification requests that add land to the permit) Please route first j pages of the application and any location maps to: ❑ Division of Parks & Recreation Date: Routed Rec'd ❑ NC Geological Survey Section Date: Routed Rec'd ❑ Division of Marine Fisheries Date: Routed Reed ❑ Division of Soil & Water Conservation (plus LEA) Date: Routed Reed (Only new applications and modifications requests that add land to the permit) ❑ Division of Archives it History Date: Routed Rec'd (Only new applicants) ❑ Other: Date: Routed Rec'd "Suspense � � /Zd Date for Comments: (no later than zs days from receipt) ?'- Please note the following: �� wA e5 N PO Box 29682 Richmond VA 23242-0682 LUCKUSTONE IGNITING HUMAN POTENTIAL July 23, 2020 Ms. Judy Wehner NCDEQ, 804.784.6300 800.898.LUCK 804.784.6390 Fax www luckstone.com Division of Energy, Mineral, and Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 RECEIVED JUL 311010 LAND QUALITY MINING PROGRAM RE: Permit Transfer, Little River Quarry, NC Permit # 53-26, Lee County, NC Dear Ms. Wehner; We are hereby requesting transfer of the NC Mining Permit #53-26, Little River Quarry, Little River, LLC to the new owners, Luck Stone Corporation, 515 Stone Mill Drive, Manakin Sabot, VA 23103, As per the requirements specified by NCDEQ for the transfer, please find attached; 1 - This letter officially requesting the transfer 2 — The first 3 pages of the Mining Permit Application 3 — The "Land Entry Agreement' signed by Luck Stone (permittee and landowner) 4 — Updated set of plans, with the new owner, and other required information 5 — A letter from Ms. Sue Ellen Harrington, Little River, LLC, officially requesting the permit transfer 6 — A check for $100.00 7 — Information regarding the acceptance of the Reclamation Security Bond, in the legal name of Luck Stone Corporation. Luck Stone Corporation hereby agrees to assume all requirements and responsibilities specified in Mining Permit # 53-26, and further warrants that they will accept any and all responsibilities and liabilities with respect to the Mining Act of 1971. Please let us know if you need any additional information. Sincerely, Jon Riley Land Use Director, Luck Stone Corporation enclosures APPLICATION FOR A NHNING PERNIIT 2. NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) Name of Mine Sanford Quarry County Lee River Basin Cape Fear RECEIVED Latitude (decimal degrees to four places) 35.3986 Longitude (decimal degrees to four places) 79.1321 Name of Applicant* Luck Stone Corporation JUL 31 2020 4,AND QUALITY HAWING PROGRAM 3. Permanent address for receipt of official mail** PO BOX 29682, RICHMOND VA, 23242 Telephone (8041 784-6300 Alternate 4. Mine Office Address5500 NC Hwy 87, Sanford, NC 27332 Telephone 5. Mine 6. E-mail Address: 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. ***Signature Date GS/Zcszo P' t Title &t. A 0 se. * 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 —1— APPLICATION FOR A MJNING PERMIT provided before this application can be considered complete. Attach additional sheets as needed. � 1 t -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 = be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the. following that apply: LEI 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): 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 ❑ No ❑. If yes, indicate the additional acreage to be covered by this modification: . (NOTE: you must complete all of Section F. of thus 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 muting 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): Fvol' 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.: 53.16 Total permitted acreage: 311.11 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: Crushed Stone 3. Mining method: Hydraulic Dredge Dragline & Truck Other (explain): Front-end Loader & Truck Z Shovel & Truck Self -loading Scraper 4. a. Expected maximum depth of mine (feet) 300 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Natural Ground Elevation b. Expected average depth of mine (feet) 170 5. Has any area(s) at this site been mined in the past? Yes ❑ No 0 If yes, when and by whom was this activity conducted? -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): in B. MAPS Clearly mark and label the location of your mining operation on six 6copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies 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, 51 Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919)733-2423 http://Dortal.ncdenr.orp-/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: 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 http://www.ncdot.org/it/gi 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 maybe 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. SC APPLICATION FOR A ALINING PERNUT 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 funther grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: Signature: Print Name: (Title, if applicable) !. c� APPLICANT: Signature:* Print Name: Company Lvcic,. Sh*%e t!!wr Zr""'A o., Title: os'f - �• r��k�' (If apphca e Address: 5l'S �'�e... . '� Company: L Mine Name: 4w o,,r.A 2310'3 Telephone: (5640) 46S • -7r6' C ( Telephone: (946 14 SS 0T%6 t Date Signed: -412-11 �26 Date Signed: -C'�3 (2.& 244 *Signature must be the same as the individual who signed Page 1 of this application. One original and five (5) copies of the completed application, six (6) copies of all location mans, mine mans 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. -19- - ! � , �� �� tiny �`h � cat � ��.,L:� ,..-e'► ��r` .. :•�•� \�� �. - _ - --- ' ��tl • � , t �� �is.ittxl4 fl�';c`,•.�t,*l{ C t„? '-+tti:f r5,..,r i. r. � .f - - \ '^i`.•y .�.i 'I.i"�, :1r . `7'• S, 'w"di / r _ - __., J'"'�y f�. � �,•`!'..� ti� a �:^e:.;r�• 11. "-3'.'r �'�y"13�.r'y�t� ; �•� r� � :,r . n �, .... _.. �.L�"'n!.•r '� Little River, LLC 709 Croswell Court Whitsett, NC 27377 July 15, 2020 Ms. Judy Wehner NCDEQ, Division of Energy, Mineral, and Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 RE: Permit Transfer, Little River Quarry, NC Permit # 53-26, Lee County, NC Dear Ms. Wehner; We are hereby requesting transfer of the NC Mining Permit #53-26, Little River Quarry, Little River, LLC to the new owners, Luck Stone Corporation 515 Stone Mill Dr., Manakin Sabot, VA 23103. It is our understanding that Luck Stone will provide any and all information required for this transfer, and we are willing to provide any additional information or documentation that may be required. Upon transfer of the Mining Permit and the Reclamation Security Bond, it is our understanding that Luck Stone Corporation will assume all requirements and responsibilities specified in Mining Permit # 53-26, and any and all responsibilities and liabilities with respect to the Mining Act of 1971. Please let me know if you need any additional information. Sincerely, �cp Sue Ellen Harrington Little River, LLC STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY Land Quality Section Bond Pursuant to 'The Mining Act of 1971" (G.S. 74-46 through G.S. 74-68) KNOW ALL MEN BY THESE PRESENTS, That Luck Stone Corporation a limited liability corporation and having its principal office at 515 Stone Mill Dr. in the State of Virginia , as principal, and Liberty Mutual Insurance Company a corporation organized under the laws of the State of Massachusetts and duly authorized by the Insurance Commissioner of North Carolina to do business in North Carolina, with an office located at 13830 Ballantyne Corporate Place, Suite 500, in the City of Charlotte, North Carolina, as surety, are held and firmly bound unto the State of North Carolina in the sum $647,500.00 of Bond No. 018-224.408 lawful money of the United States of America, to the payment of which will and truly be made, we bind ourselves, our heirs, administrators and successors jointly and severally, firmly by these presents. Signed, sealed and delivered this 24th day of Jam, 2020. THE CONDITIONS OF THIS BOND ARE SUCH, That Whereas, the said Luck Stone Corporation conducts or will conduct mining operations in North Carolina as described in the application for an operating permit which includes a Reclamation Plan as provided in G.S. 74-53 and has obtained approval of this application on the r day of September , 2018, from the Department of Environmental Quality. Rev. Dec 2006 NOW THEREFORE, if the said Luck Stone Corporation shall comply with the requirements set forth in 'The Mining Act of 1971" (G.S. 74-46 through 74-68) and with the rules and regulations adopted pursuant thereto and faithfully perform all obligations under his approved Reclamation Plan then this obligation shall be null and void; otherwise to be and remain in full force and effect until released by the Department of Environmental Quality in accordance with G.S. 74-56 or canceled by the surety. Cancellation by the surety shall be effectuated only upon 60 days written notice thereof to the Department of Environmental Quality and the operator as provided in G.S. 74-54. ATTE Secretary or As 'stant Secretary ��—Ctrek Stone Corporation Principal ( Attach ) By ( Corporate Seal ) ( here of Corporation ) President, Vice President, Partners, or Owner Liberty Mutual Insurance Company Surety Countersigned at (Not Applicable as Attorney -in -Fact is also Resident Agent of NC) , North Carolina By: N/A / &�,q Q Resident Agent of NC gent and Attrney in Fact, indy Lov lady *PLEASE MAIL THIS FORM AND THE ATTACHED INSTRUMENT TO THE FOLLOWING ADDRESS: LAND QUALITY SECTION 1612 MAIL SERVICE CENTER RALEIGH, NC 27699 Page 2 of 2 Rev. Dec 2006 0 Liberty Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West Amer can Insurance Company POWER OF ATTORNEY Certificate No: 8202830 - 018059 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized undo the laws of the State of Massachusetts, and West American Insurance Company is a corporation duty organized under the laws of the State of Indiana (herein collectively called the'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint Windy Lo elady Robert M Coon, Jessica Fisher Susan F. Westbrook all of the city of Raleigh state Of NC each individually if there be more than one named, its We and lawful a8orney4n-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested try the secreary of the Companies in Nor own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6th day of January , 2020 . liberty Mutual Insurance Comparry P�\xsuRq� atY INaU/� �\NSup9 The Ohio Casualty Insurance Company J oweOWr "r' J orb°Wr 'y uP rpw°OW 'Io West American Insurance Company f 1912,(�° c e 1919 � s 1991 u d ��e,caue` a ZO=N,NW�p�a Y NwarAx� D �irti1K', /' ,. �Bh + h� '& + N� 8''M + t•�+ By: David M. Carey. Assistant Seantary kin] On this 6th day of January , 2020 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretaryof Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing an behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year fast above written. Pq ��PoNW pS�TF� COMMONWEALTH OF PENNariVRNU1 FeV� Y? y MMh SON al � // ' •' OF Teresa Taz .a.,Notary PNWr•(r Upper Men°nTwp.,Monl9onwry County By: LVP�P myco Ezpnn Marts 2a, 2a21 eresa Pastille, Notary Public �4Ay� MmmMr.FbwPvwYe AwaLem atNWaMe This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeysin-fad as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and dealer as surety any and all undertakings, bonds, recognimhces and other surety obligations. Such attorneysin-fact, subject to the limitations set forth in their respective powers of attorney, shall have fug power to bind the Corporation by their sgnature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and allested to by the Secretary. Any power a authority granted to any representative or atomeyin-fact under the provisions of this article may be revoked at any tune by the Board, the Chairman, the President or by the officer or officers granting such paver or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president and subject to such limitations as the chairman a the president may prescribe, shag appoint such atomeyswin-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bands, recognizances and other surety obligations. Such atomeysin-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shag be as binding as if signed by the president and attested by the secretary. Certificate of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever aapppeeringg upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same farce and A ct as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the aginal power of attorney of which the foregoing is a fug, true and correct copy of the Power of Attorney executed by said Companies, is in full face and effect and has not been revoked. JJ� IN TESTIMONY WHEREOF, I have hereunto set my hand and affsred the seals of said Companies thislily \NSU ZY INaU � \NSUq J�°wwop�yn OJ�pNON�r'P(i VP °Mmyr-'ZP 1912 0 0 1919 n s 1991 0 / rf/wrw1V/y` � W By - Renee C. Llewellyn, Assistant Secretary h + * Nl + Ft>d 9M + AN LMS12873 LMIC OCIC WAIC Muhl Co 12119 .• 7 2„-'a.• t,i !: t .i ! � rr t: t ..•y; t t r r L +cr ; Fo;,#. ! , _!.: ° �t` 3' _'tl?.•• �� ' ',. h • .,fit!►• 1 � • �.�+. a.. ti., - �: �+t .mi l: ~II` r� �n.s" '•'; :Lll,. .1. `r 1• ..y , cc 1 n .. r},?•, t ... tCWj r -14 t t' i1% : ti:.... ✓"%' lilt :r; } .s! 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Py r. t•••+''. .!Z}'y�. r•1{:: .: ,t• .. 1. : , r h ' 2' PO Box 29682 804.784.6300 800.898.LUCK Richmond VA 23242-0682 804.784.6390 Fax www. luckstone.com LUCKUSTONE IGNITING HUMAN POTENTIAL Mr. Adam Parr North Carolina DEQ Division of Energy, Mineral, and Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Re: Little River Permit 53-26 Transfer Mr. Parr Please find the enclosed second set of maps to accompany the documents submitted a few weeks ago. If you should have any further needs or questions related to this process please feel free to reach out at clint.zimmerman(&Iuckstone.com or (804) 920-5373.