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-
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�.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
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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.