20210518_ADI Response

Elliott Consulting
PO Box 112
202 Elliott Road
Aydlett, North Carolina 27916
Jenna Spencer, PE Phone: [phone]
NC Department of Environmental Quality
Division of Energy, Mineral & Land Resources
Land Quality Section
1612 Mail Service Center
Raleigh, North Carolina 2769.9-1612 RECEIVED
MAY 16 2021
Dear Ms. Spencer: LAND QUALITY SECTION
On behalf of HOM Development, LLC, operator of the proposed Foster Forbes Mine in Currituck
County, this letter is in response to your letter of May 7, 2021 requesting additional
information regarding the mining permit application.
The information you requested is addressed as follows:
• Archaeological survey - The Dept. of Natural and Cultural Resources State Historic
Preservation Office of Environmental Review is re-evaluating their initial environmental
review of the Foster Forbes site at this time. Additional information and maps were
provided to their office on May 7, 2021. When the new evaluation is received, HOM will
proceed with any required archaeological survey. Related documents attached.
• NCDOT driveway permit - Approved permit is attached.
• Wetland delineation - Approved USACE PJD documents are attached.
• Swale construction and water height control construction details - Corrected
documents attached.
• Replacement mine map attached; 2 labels edited.
Two hard copies of the above documents to be mailed to your office on May 9, 2021.
Thank you,
Elliott Consulting
5/8/2021

Thank you,
Ken Elliott
Elliott Consulting
PO Box 112
Aydlett, NC 27916 USA
Phone:[phone]
Fax:[phone]
Email: [e-mail]

TATk ,
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER J. ERIC BOYETTE
GOVERNOR. SECRETARY
April 29, 2021
Driveway Permit ID:
DOII-027-21-00014
Subject: Driveway Permit - Foster Forbes Mine
County: Curituck
Foster Allen Forbes
5104 Lunar Drive
Kitty Hawk, NC 27949
Dear Applicant,
Attached for your files is a copy of a Residential / Commercial Driveway Permit, which
has been properly executed. Please note any comments, which may appear on the permit
form.
Sincerely,
Oa signed by:
➢57334A95FOC405._
David Otts, P.E.
District One Engineer
Attachments
Cc: Division Engineer (W/Attachments)
County Maintenance Engineer (W/Attachments)
t929 North Road Street, Elizabeth City, NC 27909 Phone: [phone]; Fax: [phone]

ITN
a Street and Driveway Access Permit
General Provisions
Our mission is to safety and efficiently manage and facilitate, as much as practicable, the
accommodation of street and driveway accesses along NCDOT Highways, while protecting our
public infrastructure.
Pre -Construction Notices
PCN 1 Approval may be rescinded upon failure to follow any of the provisions in this permit and may be
considered a violation of the Street and Driveway Access Permit.
PCN 2 Prior to beginning work, the Applicant shall contact the Road Maintenance Supervisor for the
corresponding county, to provide or verify the proposed pipe diameter. Please see the last page of the
General Provisions for Contact Information
PCN 3 Prior to beginning work, it is the requirement of the Applicant to contact the appropriate Utility Companies
involved and make arrangements to adjust or relocate any utilities that conflict with the proposed work.
PCN 4 It shall be the responsibility of the Applicant to determine the location of utilities within the permitted area.
NCGS § 87-115 through § 87-130 of the Underground Utility Safety and Damage Prevention Act requires
underground utilities to be located by calling 811 prior to construction. The Applicant shall be responsible
for notifying other utility owners and providing protection and safeguards to prevent damage or
interruption to existing facilities and maintain access to them.
PCN 7 Trenching, bore pits and/or other excavations shall not be left open or unsafe overnight
Legal & Right -of -Way
RW 1 This approval and associated plans and supporting documents shall not be interpreted to allow any
design change or change in the intent of the design by the Owner, Design Engineer, or any of their
representatives. Any revisions or changes to these approved plans or intent for construction must be
obtained in writing from the District Engineer's office or their representative prior to construction or during
construction; if an issue arises during construction to warrant changes.
RW 2 NCDOT does not guarantee the right of way on this road, nor will it be responsible for any claim for
damages brought about by any property owner by reason of this installation. It is the responsibility of the
Applicant to verify the right of way.
RW 3 Prior to the approval of any privately maintained facility within NCDOT right of way which the State of
North Carolina is not the fee simple owner, written permission that each and every property owner
affected by the installation shall be provided to NCDOT by the Applicant. (See corresponding
attachment.)
RW 4 Applicant shall be responsible for obtaining all necessary permanent and/or temporary construction,
drainage, utility and/or sight distance easements.
Rw 6 No commercial advertising shall be allowed within NCDOT Right of Way.

a Street and Driveway Access Permit
General Provisions
Our mission is to safely and efficiently manage and facilitate, as much as practicable, the
accommodation of street and driveway accesses along NCDOT Highways, while protecting our
public infrastructure.
Work Zone Traffic Control
TC 2 WORK ZONE TRAFFIC CONTROL QUALIFICATIONS AND TRAINING PROGRAM
All personnel performing any activity inside the highway right of way are required to be familiar with the
NCDOT Maintenance / Utility Traffic Control Guidelines (MUTCG). No specific training course or test is
required for qualification in the Maintenance /Utility Traffic Control Guidelines (MUTCG)
All flagging, spotting, or operating Automated Flagger Assist Devices (AFAD) inside the highway right of
way requires qualified and trained Work Zone Flaggers. Training for this certification is provided by
NCDOT approved training resources and by private entities that have been pre -approved to train
themselves.
All personnel involved with the installation of Work Zone Traffic Control devices inside the highway right
of way are required to be qualified and trained Work Zone Installers. Training for this certification is
provided by NCDOT approved training resources and by private entities that have been pre -approved to
train themselves.
All personnel in charge of overseeing work zone Temporary Traffic Control operations and installations
inside the highway right of way are required to be qualified and trained Work Zone Supervisors. Training
for this certification is provided by NCDOT approved training resources and by private entities that have
been pre -approved to train themselves.
For questions and/or additional information regarding this training program please refer to
https://connect.ncdot.gov/projects/WZTC/Pages/rraining.aspx or call the NCDOT Work Zone Traffic
Control Section [phone].
TC 3 The party of the second part shall employ traffic control measures that are in accordance with the
prevailing federal, state, local, and NCDOT policies, standards, and procedures. These policies,
standards, and procedures include, but are not limited to the following:
A) Manual on Uniform Traffic Control Devices (MUTCD) — North Carolina has adopted the MUTCD to
provide basic principles and guidelines for traffic control device design, application, installation, and
maintenance. North Carolina uses the MUTCD as a minimum requirement where higher supplemental
standards specific to North Carolina are not established. Use fundamental principles and best practices
of MUTCD (Part 6, Temporary Traffic Control).
B) NCDOT Maintenance / Utility Traffic Control Guidelines — This document enhances the
fundamental principles and best practices established in MUTCD Part 6, Temporary Traffic Control,
incorporating NCDOT-specific standards and details. It also covers important safety knowledge for a wide
range of work zone job responsibilities.
TC 4 If the Traffic Control Supervisor determines that portable concrete barrier (PCB) is required to shield a
hazard within the clear zone, then PCB shall be designed and sealed by a licensed North Carolina
Professional Engineer. PCB plans and design calculations shall be submitted to the District Engineer for
review and approval prior to installation.
TC 5 Ingress and egress shall be maintained to all businesses and dwellings affected by the project. Special
attention shall be paid to police, EMS and fire stations, fire hydrants, secondary schools, and hospitals.

Street and Driveway Access Permit
�TM, ry General Provisions
Our mission is to safely and efficiently manage and facilitate, as much as practicable, the
accommodation of street and driveway accesses along NCDOT Highways, while protecting our
public infrastructure.
TC 9 Work requiring lane or shoulder closures shall not be performed on both sides of the road simultaneously
within the same area.
TC 10 Any work requiring equipment or personnel within 5 feet of the edge of any travel lane of an undivided
facility and within 10 feet of the edge of any travel lane of a divided facility shall require a lane closure
with appropriate tapers per current NCDOT Roadway Standard Drawings or MANUAL ON UNIFORM
TRAFFIC CONTROL DEVICES.
TC 13 Any pavement markings that are damaged or obliterated shall be restored by the Applicant at no expense
to NCDOT.
TC 14 Sidewalk closures shall be installed as necessary. Pedestrian traffic shall be detoured around these
closures and shall be signed appropriately and in accordance with The American with Disabilities Act
Accessibility Guidelines, The Applicant must adhere to the guidelines for accommodating pedestrians in
encroachment work zones as described in the NCDOT Pedestrian Work Zone Accommodations Training
found at https://www.youtube.com/watch?v=AOuYa5lW3dg&feature=youtu.be
TC 16 Parking and material storage shall not be allowed along the shoulders of any NCDOT roadways, any
NCDOT roadways along the route and adjacent to the route.
TC 16 During periods of construction inactivity, place approved traffic control drums 3' minimum from the
existing travel way.
TC 17 Any violation of the Traffic Control provisions will result in the termination of the permit application and
liquidated damages in the amount of $2,000 per hour or any portion thereof and will be assessed by the
District Engineers office.
Environmental egulaltions
EC 1 The Applicant shall comply with all applicable Federal, State and local environmental regulations and
shall obtain all necessary Federal, State and local environmental permits, including but not limited to,
those related to sediment control, stormwater, wetland, streams, endangered species and historical sites.
Additional information can be obtained by contacting the NCDOT Roadside Environmental Engineer
regarding the North Carolina Natural Heritage Program or the United States Fish and Wildlife Services.
Contact the Division Roadside Environmental Engineer's Office at [phone]
EC 2 When surface area in excess of one acre will be disturbed, the Applicant shall submit a Sediment and
Erosion Control Plan which has been approved by the appropriate regulatory agency or authority prior to
beginning any work on the Right of Way. Failure to provide this information shall be grounds for
suspension of operations. Proper temporary and permanent measures shall be used to control erosion
and sedimentation in accordance with the approved sediment and erosion control plan.

�¢ifk, Street and Driveway Access Permit
7__ x Genera[ Provisions
Our mission is to safely and efficiently manage and facilitate, as much as practicable, the
accommodation of street and driveway accesses along NCDOT Highways, while protecting our
public infrastructure.
EC 3 The Verification of Compliance with Environmental Regulations (VCER-1) form is required for all non -
utility permits or any utility permits when land disturbance within NCDOT right of way exceeds 1 acre.
The VCER-1 form must be PE sealed by a NC registered professional engineer who has verified that all
appropriate environmental permits (if applicable) have been obtained and all applicable environmental
regulations have been followed.
EC 4 All erosion control devices and measures shall be constructed, installed, maintained, and removed by the
Applicant in accordance with all applicable Federal, State, and Local laws, regulations, ordinances, and
policies. Permanent vegetation shall be established on all disturbed areas in accordance with the
recommendations of the Division Roadside Environmental Engineer. All areas disturbed (shoulders,
ditches, removed accesses, etc.) shall be graded and seeded in accordance with the latest NCDOT
Standards Specifications for Roads and Structures and within 15 calendar days with an approved
NCDOT seed mixture (all lawn type areas shall be maintained and reseeded as such). Seeding rates per
- acre, shall be applied according to the Division Roadside Environmental Engineer. Any plant or
vegetation in the NCDOT planted sites that is destroyed or damaged as a result of this permit shall be
replaced with plants of like kind or similar shaper
EC 5 No trees within NCDOT shall be cut without authorization from the Division Roadside Environmental
Engineer. An inventory of trees measuring greater than 4 caliper inches (measured 6" above the ground)
is required when trees within C/A right of way will be impacted by the encroachment installation.
Mitigation is required and will be determined by the Division Roadside Environmental Engineer's Office.
EC 6 Prior to installation, the Applicant shall contact the District Engineer to discuss any environmental issues
associated with the installation to address concerns related to the root system of trees impacted by
boring or non -utility construction of sidewalk, roadway widening, etc,
EC 7 The applicant is responsible for identifying project impacts to waters of the United States (wetlands,
intermittent streams, perennial streams and ponds) located within the NCDOT right-of-way. The
discharge of dredged or fill material into waters of the United States requires authorization from the
United States Army Corps of Engineers (USACE) and certification from the North Carolina Division of
Water Quality (NCDWQ). The applicant is required to obtain pertinent permits or certification from these
regulatory agencies if construction of the project impacts waters of the United States within the NCDOT
right-of-way. The applicant is responsible for complying with any river or stream Riparian Buffer Rule as
regulated by the NCDWQ. The Rule regulates activity within a 50-foot buffer along perennial streams,
intermittent streams and ponds. Additional information can be obtained by contacting the NCDWQ or the
USACE
EC 6 The contractor shall not begin the construction until after the traffic control and erosion control devices
have been installed to the satisfaction of the District Engineer or their agent.
EC 9 The contractor shall perform all monitoring and record keeping and any required maintenance of erosion
and sediment control measures to maintain compliance with stormwater regulations.
EC 10 Vegetative cover shall be established on all disturbed areas in accordance with the recommendations of
the Division Roadside Environmental Engineer.

Street and Driveway Access Permit
General Provisions
Our mission is to safely and efficiently manage and facilitate, as much as practicable, the
accommodation of street and driveway accesses along NCDOT Highways, while protecting our
public infrastructure.
General
G 1 An executed copy of the Street and Driveway Access Permit, provisions and approved plans shall be
present at the construction site at all times. If safety or traffic conditions warrant such an action, NCDOT
reserves the right to further limit, restrict or suspend operations within the right of way.
G 2 The Applicant and/or their Contractor shall comply with all OSHA requirements. If OSHA visits the work
area associated with this permit, the District Office shall be notified by the encroaching party immediately
if any violations are cited.
G 3 Any REVISIONS marked in RED on the attached non -PE sealed plans shall be incorporated into and
made part of the approved permit.
G 4 All disturbed areas are to be fully restored to current NCDOT minimum roadway standards or as directed
by the District Engineer or their representative. Disturbed areas within NCDOT Right -of -Way include, but
not limited to, any excavation areas, pavement removal, drainage or other features.
G 5 The Applicant shall notify the District Engineer or their representative immediately in the event any
drainage structure is blocked, disturbed or damaged. All drainage structures disturbed, damaged or
blocked shall be restored to its original condition as directed by the District Engineer or their
representative.
G 8. Unless specified otherwise, during non -working hours, equipment shall be located away from the job site
or parked as close to the right of way line as possible and be properly barricaded in order not to have any
equipment obstruction within the Clear Recovery Area. Also, during non -working hours, no parking or
material storage shall be allowed along the shoulders of any state -maintained roadway.
G 9 No access to the job site, parking or material storage shall be allowed along or from the Control of
Access Roadway.
G 10 Guardrail removed or damaged during construction shall be replaced or repaired to its original condition,
meeting current NCDOT standards or as directed by the District Engineer or their representative.
G 12 Right of Way monuments disturbed during construction shall be referenced by a registered Land
Surveyor and reset after construction.
G 13 All Traffic signs moved during construction shall be reinstalled as soon as possible to the satisfaction of
the District Engineer or their representative.
G 16 All driveways disturbed during construction shall be returned to a state comparable with the condition of
the driveways prior to construction.
G 17 Conformance with driveway permit review should be required in conjunction with this encroachment
agreement. In the event there is a conflict between the driveway permit and the encroachment
agreement, the District Engineer should resolve the conflict and notify the parties involved.

Street and Driveway Access Permit
General Provisions
Our mission is to safely and efficiently manage and facilitate, as much as practicable, the
accommodation of street and driveway accesses along NCDOT Highways, while protecting our
public infrastructure.
G 18 If the approved method of construction is unsuccessful and other means are required, prior approval must
be obtained through the District Engineer before construction may continue.
G 22 Strict compliance with the Policy on Street and Driveway Access to North Carolina Highways manual
shall be required.
G 23 The Applicant may delegate the performance of certain provisions of this agreement to contractors or
other parties. However, this shall not in any way release the Applicant from its obligations to the terms
and provisions of the permit.
Engineering
E 1 All traffic control, asphalt mixes, structures, construction, workmanship and construction methods, and
materials shall be in compliance with the most -recent versions of the following resources: ASTM
Standards, Manual on Uniform Traffic Control Devices, NCDOT Utilities Accommodations Manual,
NCDOT Standard Specifications for Roads and Structures, NCDOT Roadway Standard Drawings,
NCDOT Asphalt Quality Management System manual, and the approved plans.
Excavation
EX 1 Excavation material shall not be placed on pavement.
EX 2 It is the responsibility of the applicant and their contractor to prevent any mud/dirt from tracking onto the
roadway. Any dirt which may collect on the roadway pavement from equipment and/or truck traffic on site
shall be immediately removed to avoid any unsafe traffic conditions.
EX 3 The utility shall be installed within 5 feet of the right of way line and outside the 5-foot minimum from
travel lane plus theoretical 2:1 slope from the edge of pavement to the bottom of the nearest excavation
wall for temporary shoring. If the 2:1 slope plus 5 feet requirement above is met for traffic, then
temporary shoring is typically only necessary to protect roadways from damage when a theoretical 1:1
slope from the edge of pavement intersects the nearest excavation wall. This rule of thumb should be
used with caution and does not apply to all subsurface conditions, surcharge loadings and excavation
geometries. Situations where this 1:1 slope is not recommended include groundwater depth is above
bottom of excavation or excavation is deeper than 10 feet or in Type B or C soils as defined by OSHA
Technical Manual. Temporary shoring may be avoided by locating trenches, bore pits, and other
excavations far enough away from the open travel lane, edge of pavement and any existing structure,
support, utility, property, etc. to be protected. Temporary shoring is required when a theoretical 2:1 slope
from the bottom of excavation will intersect the existing ground line less than 5 feet from the outside edge
of an open travel lane as shown in the figure below or when a theoretical 2:1 slope from the bottom of
excavation will intersect any existing structure, support, utility, property, etc. to be protected.

Street and Driveway Access Permit
. 77'� General Provisions
Our mission Is to safely and efficiently manage and facilitate, as much as practicable, the
accommodation of street and driveway accesses along NCDOT Highways, while protecting our
public infrastructure.
Ex a Open Travel
Lane 5 ft --Existing Ground—,
' min— �' Line
Theoretical �-_ Edge of i
Pavement
2:1 (H:V) ___� V _ � Bottom of
Slope H Excavation
Ex a Temporary shoring shall be designed and constructed in accordance with current NCDOT Standard
Temporary Shoring provisions (refer to https://connect.ncdot.gov/resources/Specifications/Pages/2018-
Specifications-and-Special-Provisions.aspx and see SP11 R002).
A) Temporary excavation shoring, such as sheet piling, shall be installed. The design of the shoring
shall include the effects of traffic loads. The shoring system shall be designed and sealed by a licensed
North Carolina Professional Engineer. Shoring plans and design calculations shall be submitted to the
Division Engineer for review and approval prior to construction. (See NCDOT Utilities Accommodations
Manual for more information on requirements for shoring plans and design calculations.) Trench boxes
shall not be accepted as temporary shoring and will not be approved for use in instances where shoring
is required to protect the highway, drainage structure, and/or supporting pavement or structure
foundation.
B) All trench excavation inside the limits of the theoretical one-to-one slope, as defined by the policy,
shall be completely backfilled and compacted at the end of each construction day. No portion of the
trench shall be left open overnight. Any excavation that is not backfilled by the end of the workday must
address any safety and traveling public concerns including accommodations for bicycles, pedestrians and
persons with disabilities.
C) At the discretion of the District Engineer, a qualified NCDOT inspector shall be on the site at all
times during construction. The applicant shall reimburse NCDOT for the cost of providing the inspector. If
NCDOT cannot supply an inspector, the applicant (not the utility contractor) should make arrangements
to have a qualified inspector, under the supervision of a licensed North Carolina Professional Engineer,
on the site at all times. The Professional Registered Engineer shall certify that the utility was installed in
accordance with the permit and that the backfill material meets the Statewide Borrow Criteria.
D) The length of parallel excavation shall be limited to the length necessary to install and backfill one
joint of pipe at a time, not to exceed twenty-five (25) feet.

Street and Driveway Access Permit
' `_ General Provisions
Our mission is to safely and efficiently manage and facilitate, as much as practicable, the
accommodation of street and driveway accesses along NCDOT Highways, while protecting our
public infrastructure.
EX 5 The trench backfill material shall meet the Statewide Borrow Criteria. The trench shall be backfilled in
accordance with Section 300-7 of the latest NCDOT Standard Specifications for Roads and Structures,
which basically requires the backfill material to be placed in layers not to exceed 6 inches loose and
compacted to at least 95% of the density obtained by compacting a sample in accordance with AASHTO
T99 as modified by DOT.
Ex 6 All material to a depth of 8 inches below the finished surface of the subgrade shall be compacted to a
density equal to at least 100% of that obtained by compacting a sample of the material in accordance
with AASHTO T99 as modified by the Department. The subgrade shall be compacted at a moisture
content which is approximately that required to produce the maximum density indicated by the above test
method. The contractor shall dry or add moisture to the subgrade when required to provide a uniformly
compacted and acceptable subgrade. The option to backfill any trenches with dirt or either #57 stone or
#78 stone with consolidation with a plate tamp and without a conventional density test may be pursued
with the written consent of the District Engineer. If this option is exercised, then roadway ABC stone and
asphalt repair as required will also be specified by the District Engineer.
EX 7 All roadway sections, ditch lines and slopes, and shoulders affected by the operations under this
encroachment shall be restored to the satisfaction of the District Engineer.
Pavement Repair
PR 7 Any pavement damaged because of settlement of the pavement or damaged by equipment used to
perform the permitted work, shall be re -surfaced to the satisfaction of the District Engineer. This may
include the removal of pavement and a 50' mechanical overlay. All pavement work and pavement
markings (temporary and final) are the responsibility of the Applicant.

ti Street and Driveway Access Permit
Genera! Provisions
Our mission is to safely and efficiently manage and facilitate, as much as practicable, the
accommodation of street and driveway accesses along NCDOT Highways, while protecting our
public infrastructure.
Past -Construction
1 The Applicant shall notify the Roadway Maintenance Supervisor's office within 2 business days after
construction is complete. The Roadway Maintenance Supervisor may perform a construction inspection.
Any deficiencies may be noted and reported to the Applicant to make immediate repairs or resolve any
issues to restore the right-of-way to a similar condition prior to construction, including pavement, signage,
traffic signals, pavement markings, drainage, structures/pipes, or other highway design features.
Roadway Maintenance Supervisor Contact Information by County:
Camden
Shelton James
[phone]
Currituck
Reggie Saunders
[phone]
Dare
Mark Gawlinski
[phone]
Gates
Michael Vann
[phone]
Pasquotank
Darrell Wilkins
[phone]
Perquimans
Kenny White
[phone]

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APPLICATION ]DENTIFICATION L
N.C. DEPARTMENT OF TRANSPORTATION
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Driveway DOi 1-027-2160014 ate of 4-2-Z'1
Permit No... licat on -.
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STREET AND DRIVEWAY ACCESS ;
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oun Currituck
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PERMIT. APPLICATION ` :. , .
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Develo merit Name:` Foster Forbes Mine .
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LOCATION OF PROPERTY:
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oute/Road: 8180.Caratoke Hwy; Poweils Point,: NC 27968
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rom he intersection of Route lUo. 'I`5e Caratake HwY , and Route No. SR 1413 Pinewood Toward Point Harbor
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Pro perty Will Be Used For:: [ Reslden#laf 1Scrbdivislon 0 Comm el 1 ❑ Educ aWnal Faclibm ❑ TNO ❑ Emergency Services CQ . CtiW
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roe .181; is : ,. ❑ is not within Curdtuck Coun c zor►4 Area.
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_ .: , " ,. . AGREEMENT ,
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I, the undersigned propertjt.owner request access and permission to construct driveways) or streets} on public right
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of -way at the above location. .
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• l agr®e to construct and; maintain drivewayts) or s#reet entrances in absolute conformance with the cu n NP 1
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rest and Drivewa Access o North Carolina Hl hwa s as adopted` by the North Carolina'Department.of ,
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Transportation. .�. .
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• I a" ree that: no sl ns ar ob ects wlil be ; laced on or ove - r
g g : : , p r the public right of -way othe than thoseapproved� by NCD�T
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l . a ree that #he. driyei s) orstreet(s) will be cons#ructed as shown on the attached; plans.'; .. ;.
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• l: agree that that.drivewey(s) :or streets) as used in this' a6ileement inciudeany ap roach tapers;'stora a lanes or
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speed change lanes as deemed necessa rY•,: �
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►: ! agree. that any future'Improvements;to the roadway become necessa , #he` onion of drlvewa s or streets .
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. :located on public ngh.=of.way tnnll be considered the property of the North Carolina Department of Trans nation, and`I
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will nat be enti#led to relrnbursement.or have any. claim,for�present expenditures for driveway or stt'eet construction.
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a I agree that this permit becomes void if construe on of'driveway(s) orstreet(s) is not completed within the time
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y cy on Street and Driveway Access to North Carolina Highways ..
specified b .the "Poly
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a. I agree to pay a $50 construction irtspec�an fee: Make checks payable to NCDOT: This fee will be reimbursed if
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application is denied : ,
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d I agree to construct and maintain the ddveway(s) or streets) .Ina safe manner so s not to interfere With or endanger.
the public travel
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l agree #o provide during and -following -construction proper signs,;signal lights, flaggers and other warning devices for `
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the protection of traffic in confiormance with :the current'"Manual on Uniform Traffic Control Devices for Streets and
Highways" and Amendments or Supplements thereto: information as to the above rules and regulations may be.
obtained kom` the Disb ict-Engineer. - .. _ .
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• I agree to. indemnify and save harmless the North Carolina Department of Transportation from ait damages and claims
. for damage that may answby reason of this construction.
e I agree that the North Carolina Department of. Transportation will assume no responsibility for any damages that may
be caused to such facillbes,-within the highway right-of-way limits, n carrying out -Its construction.
I agree to provide a Performance and Indemnity Bond in the amount specified by the Division of Highways for any
construction proposed on the State Highwaysystem.
The granng of this permit is sub ct to the re Mato
}e, g ry powers of the NC Department of Transportation as provided by
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law and as set forth in the N.C. Policy on Driveways and shall not be. construed as a contract access point.
• I agree that the entire cost of constructing and maintaining an approved private street or driveway access connection _.
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and -conditions of this permit willbe bome by throperty owner, the applicant, and their grantees, successors, and. -
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assignees.
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e 1 AGREE TO NOTIFY THE.DISTRICT ENGINEER WHEN THE PROPOSED WORK BEGINS AND.WHEN IT IS
COMPLETED. :. `
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2ot>�-o7 NOTE ° Submit' Four°:Coples of Apptic ition to local Dlstrict Englneer; N.C. De artment'of Transportation . - Ise 65-aarev.
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SIGNATURES OF APPLICANT
PROPERTY OWNER (APPLICANT)
WITNESS
COMPANY Foster Allen Forbes
NAME
SIGNATURE
SIGNATURE
ADDRESS 5104 Lunar Drive
ADDRESS
Kitty Hawk, NC 27949 Phone No.
2523954930
AUTHORIZED AGENT
WITNESS
COMPANY Ken Elliott. Elliott Consulting
NAME Debra Elliott
SIGNATURE
SIGNATURE1
ADDRESS PO Box 1 2, 202 Elliott Rd
ADDRESS PO Box 112,202 Elliott Rd
Aydlett, NC 27916 Phone No.
2523399021 Aydlett, NC 27916
APPROVALS
APPLICATION RECEIVED BY DISTRICT ENGINEER
SIGNATURE.
DATE
APPLICATION APPROVED BY LOCAL GOVERNMENTAL AUTHORITY (when required)
SIGNATURE
TITLE DATE
APPLICATION APPROVED BY NCDOT
Ej,;YL,y —
District engineer 4/29/2021
GN>9wFWM405...
TITLE DATE
INSPECTION BY NCDOT
SIGNATURE
TITLE DATE
COMMENTS:
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U.S,. ARMY: CORPS 47 .ENGINEERS �.
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.. NOTIFICATION OF JURISDICTIONAL DETEFtM�NATIQN
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Requestor: , ` Mr. Foster Forbes
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Address . � .. 5104 Lunar Drive
Kitty Hawk. North` Carolina 27949
Telephone Number U19) 283-4575
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E-mail: ::fossieca ol.coM : .
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Size` acres .:: 34.4 A Ar ` ( ) ,�Re ew ea) .: Ne ' t,Town 'Nwells Point
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Nearest, aterwa Albemarle Sound ; River Basin `Alb ma
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USGS HUC . ` 03010205 . Coordinates ' Latitude: 36.1318
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Longitude:' 75.840b : .
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Location; description:::The "ro e ` i td ntif ed as urrituck oun . Tax Parcel #012300060700000 and'is located at 8180
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ratoke wa . i,n Powells Pout 'Currituck Coun North Carolina: 'The' roe total area is - .Tacres with a`review
area of 344 acres containing aaaroacimately'4.49 acres of potential wetlands. See attached Site Exhibit dated 03/24/2021
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Indicate Which of the Following At_uly.
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A. Preliminary Determination`
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, There appear to be wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water
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:. Act. (CWA)(33 USC. 1344 .and/or Section:..10 of the Rivers and Harbors Act RHA 33 USC 403 : The.wedands have been
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delineated, and the'delineahori has been verified by the Corps to be sufficiently.accurate and reliable. The approximate boundaries .
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of these waters are shown on the enclosed delineation map dated 3/24/2021. Therefore this preliminary jurisdiction determination -
may be used in the permit evaluation process, including determining.compensatory mitigation. Far purposes of computation of -
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impacts, compensatory mitigation requirements, and other reSource.protectionineasures, a:permit decision made on the basis of a :`
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reliminary JT) will treat all waters and wetlands that would be affected in an wa b the : eh itted activity on the site as if the
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are jurisdictional waters` of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
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Administrative Appeal Process (Reference 1 . CFR Part 331). However, you may request an approved JD, which is an appealable . :
action; by contacting the Corps district for further instru_ coon
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pp o be, et ands on the above:descnbed project area/property, that.may be subject to Section .4041. : of the Cl ' 'Water .
. Act (CWA)(33 USC § 1344}andlor Section: l0 of the Rivers and Harbors Act (RHA) (33 USC § 403) However, since.the
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wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation .
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. pra .. I . Without a verified wetland delineation, this preliminary; determination. is merely an effective presumption of_CWA/RHA -
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. urisdictian over. all: of the wetlands at the ro ect area, which is not su�cientl accurate and reliable to su art an erit'orceable J .. .. . p:. j y: PP.
permit decision: We recommend that you have the wetlands on your project area/property` delineated. As the 1.Corps may not be
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able to accomplish this wetland delineation in a timely manner, you may wish'to obtain a consultant to conduct a delineation that
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can be verified by the Corps .; .,:
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B. Approved Determination
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❑ There are Navigable Waters of the United States within the above described project realproperly subject t' the permit ..: ':
re uirements of Section 14 ofthe Rivers and Harbors Act:
q _. .... (RHA) ' — USC § 403) and Sectton 404 ofthe Clean. Water:Act
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(CWA)(33 USC §.1344). Unless there is.a change in law'or our published regulations, this determination may be relied upon for
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a period, not to exceed five years from the date of this notification. .
❑ There are wetlandson the above described `project area/property subject to the permit requirements of Section 404 of the Clean
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'Wa er Act CWA ` 33 USC -1344 Unless .there is a: Chan a in the law or our tiblished're' lations� this determination ma be ...:'
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re.lied upon. for a period not to' exceed five years from the date. of this notification: .
❑ We recommend you have the wetlands on your project area/property delineated. As the Corps may not be able to accomplish.
this wedand.delineation in a tirnely'manner; you may wish'to. obtain a consultant to:conduct a delineation:that can be verified b
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[]The wetlands on your project area/property have been delineated and delineation has been verified by the Corps: The '
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approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have :
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this:delineation serve ed: Upon completionthis serve should be reviewed and verified b .the Cops. Once verified this serve
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will. provide an accurate de `iction of all areas sub'ect.to CWA jurisdiction on-' our `r
p J .... . J . y p opefty which, provided there. is no`Ghafi& in °'
the law or our published regulations, may be relied upon for: a period not to exceed f ve years.. - .
❑The.wetlands have been delineated and surveyed and. are accurately depicted on the plat signed bythe Corps.Regulatory
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Official i ` . dentified .below orDATE Unless there is a than' a in the law .or our ublished re 1at� n - ` '
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relied on
' up for a period not to exceed five years:from the date of this. notification:
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❑ There are no waters of the.U.S., to include wetlands, present on the above described project area/property which are subject to the -.::
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ermit re uirements of Section 4Q ofthe le
P . q ...... 4 Can Water Act (33 USC 1344). Unlessahere is a change:in the law or our published
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regulations, this determination may be relied upon for a period not to exceedive'years from the date of this notification..
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® The properis located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA)., :.`
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Youshould con#act.the Dtvisivn_of Coastal Mangy ernent in ip Elizabeth Ci NC a
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# .: Placement of dredged or.fill material within waters of the US, including wetlands, without a Department.of the Armypermit may
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constitut . I .violatio . of Section 301 of the Cle W ater Act (33.USC § 131.1). 'Placement of dredged or.filLmatenal,'constructi_ori or
Placement of structures, or work within navigable waters of the United States without . a Department of the Army permit may ' ..
. constitute a violation of Sections 9 and/or l0 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
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re ardin this determination and/or thKo s. re lato ro am lease contact Antbony Searbraush at 910 251=4619. or
anthony:dscar braueh(g�i usace armv.mll
C..Basis For Determination: Basis For Determination: 'The wetlands within the review area were
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i : delineated usu the Co s of En ` veers 1987'Vetland Delineation Manu al and the Atlantic and Gulf
. Coastal Plain'Reaional Supplement Version 2..
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` `:D.: Remarks: The. otential wetlands' within the review area are. depicted -on the attached Site Exhibit
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dated March 24s 2021.
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E. Attention' USDA Program Participants
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This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for.the particular site
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identified irr.this request: 'phe delineation/determination on ma .not'be valid for the wetland conservation ro `si ns.of.th F
may.not p ...: o e o,, Security .: .,
AGt of 1901 If you or your tenant` are USDA Program partic�parits; or anticipate participation: in USDA pro s, ou should re uest .
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- a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. :
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F: ` A eels information his inf rm' : ' , `.
PP (' ' o anon applies:only to approved jurisdictional determinatlons as Indicated in B.
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This corre s ondence.constitutes sn a roved 'urisdiGtional determine 'on
P . PP .. 3. , t� for the above:described site. , If you object to this .:
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determination, you ma re uest an a eel under Co s re
Y y 9 pP rp gulations at 33 :CFR Part 331`: Enclosed you will find a
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Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a'Completed RFA form to the following` address
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US` Army Corps of Engineers .
South Atlantic Division :: ---
Attn. Phillip Shannin, Review Officer
64 Forsyth Street SW; Room lONi15 1:
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_ .. Atlanta, Georgia 30303-8801 .'
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In o. der for �n RFA to.be accepted by the Corps, the :Corps must; determine, that it is complete, that it meets:the criteria for a' eaT . .
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under 33 CFR part 3315, and that it has been received by the Iivision Office`witfiin 60 days of the date of the NAP . Should you
. -decide to submit an RFA form, it must be received at the above address by Not applicable.
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Aate of JD.. 0 /2 Exprration Date of JD Nat applicable
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SAW: 2021-00139
TheWilmington Distract. s committed to rov din the hi est level of su ort
: _ P - , g PP to the'public To help us ensure we .
continue to do so please complete the Customer Sa#isfaction Survey located at '
httpa/corpsmapu.usace.army.miUcm�apex/f?p=136:4:0
Capy furnished
A ent ; Quable and Associates; P.C. .'
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Mr. Troy Murphy
Address: Post Owke Box 870
Kitty Hawk, Northh-Carolina 27966
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Telephone Number252,} 491-8147
°Email. tmurphy�puible.com
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Property. Owner::.: Elliot Consultin
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Mr. Kenneth Elliott
Address: Post ONice' Box 112
Aydlett North Carolina 27916`
Tele one Number 252 339-9021
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E mail kenna kenobx.com
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NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Mr. Foster Forbes File Number: SAW-2021-001.39 Date: 04/28/2021
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
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PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION 1- The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information ma_v be found at or lit i wvw%v yisac_e. irn nnt'�ti5sions/C t ili'or_k__ P.us tilaioi yl rg rtfmartdPcrmits:a px
or the Corps regulations at 33 CFR Pats 331."
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit,
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the f rmi to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of time date of this notice.

E: PRELIMINARY:JURISDICTIONAL DETERMINATION:' You do ,not need to respond to: the Corps :regq . ng the
;preliminary JD:: The Preliminary `JD is not appealable : If you wish; you ma .ire uest an a roved JD which 'tna be: a' Baled
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by contacting the Corps dsstrict for further instruction Also.you may provide:new.information`for father conssderation bythe
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Corps to reevaluate the JD . -
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SE CTION`II.. RE VEST FOR -APPEAL or (?BJECTIONS TO AN.INiTAIr PROFFERED PERMIT
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:REASONS FOR APPEAL` OR OBJECTIONS: (Describe -your reasons for appealing the decision or :your objections town initial
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rof%red ermit in clear concise statements: You ma attach additional information ta'this form to clari
P P mayattach fy where your reasons or
objections are addressed in the administrative record)
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ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any "supplemental information' that the review officer has determined is needed t0 .
clarify the administrative.record. Neither the appellant nor the Corps may add new information or analyses ,to the record.
However, you may provide additional information :to.clarify the location of inomatiothat is already in the administrative
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record.
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iN . O ..CON ACT FOR. uESTI4NS :OR FORMATION,, -,
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If you have questions: regarding this decision andJor the
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If ou only :have; . .estion: re ardin the; a cal rocess. ` ou ma
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:appeal process you may contact .
also contact:
District Engineer, Wilmington Regulatory Division -' `
Mr. Phillip.Shazuun, Administrative Appea - Review Officer
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.Attn'Anthony Scarbraugh
CESAD-PDO
Washington Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room I OM 15.
2407 West Fifth Street
Atlanta, Georgia 30303-8801
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Washington, North Carolina 27889
Phone: [phone]
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RIGHT OF ENTRY: Your signature below grants the nght of entry to Corps of En sneers ersonnel and an overnment
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consultants to conduct invests ations o f the: ` ro' ect site Burin` the' course: of the a ` eal rocess. You will -be rovide& a 15-
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.�notice of an site investi ��ation and will have the'o ortuni to artici ate in:all site'tnvesti
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Da te:
Telephone number.:
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Si tare of a ellant or. agent.
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For appeals on Initial Proffered Permits send this form to: � _
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.District Engineer, Wilmington Regulatory. Division, Attu: Anthony Scarbraugh, 59:Darlington Avenue, Wilmin on North
Carolina 28403;
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For Permit denials. Pro ered Permits and A Yoved Jurisdictional Determinations -send this orm to:
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Division` Engineer, Commander, U.S. Army Engineer Division, ;South Atlantic, Attn: Mr Phillip 5hannin Administrative `
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Appeal Officer, CESAD-PDO 60 Forsyth Street, Room 10 15, Atlanta, Georgia 30303-8801
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Phone: [phone]. .
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PRELIMINARY JURISDICTIONAL DETERMINATION , (PJD} . FORM
BACKGROUND INFORMATION
;.. P COMPLETION DATE FOR PJD.
B. NAME AND ADDRESS OF. PERSON REQUESTING PJD: Mr. Foster Forbes, 51.04 Lunar Drive, Katiy
Hawk, North Carolina 27949 C
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DISTRICT OFFICE FILE NAME AND NUMBER: Wilm�n' ton i tri`'t 1 e g D s c, 8 80 Caratok
Hi hwa IFoster A11en Forbes SAW�2021-00139 ..
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s S � D.: �PROJECT��LOCATION AND.` BACKGROITND. INFORMATION ::�The zo ` a is identified as
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F Cumtuck CountyTax ..Parcel #012300000794000,a id xs tocafed at 8180`Cai-atoke Highway in Powells Point,
S Currituck County, North Carolina: The properly total axea is 39 7 acres with a review area of 34:4 acres
containing approximately 4.49 acres of,potential wetlands : See attached Site Exhibit dated 03/24/2021
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,(USE THE TABLE BELOW TO DOCUMENT MULTIPLE: AQUATIC RESOURCES
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AND/OR AQUATIC RESOURCES AT..DIFFERENT SITES)
State: NC . County: Currituck City: Powetls Point
Center coordinates. of:site (lat/long .in degree :decimal format} Latitude::3b.1318Zongitude: 75.8406
Universal -Transverse Mercator:
Name of nearest waterbody: Albemarle Sound
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
[]Office "(Desk) Determination. Date::
F
® Field Determination..; Date(s):03/23/21
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAYBE" SUBJECT TO
F REGULATORY, JURISDICTION
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1. The Co s of n in.eers believes that there ma be. 'urisdictional: a uatic" reso " ces'in the
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review, area, and the `requestor of this PJD is hereby advised of his or` her option to request
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and obtain 'an approved JD (AJD) for, that 'review areaase ::bon an unformed deciszon after
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Navin discussed the:various es of.JDs and their characteristics: and circums ces wh
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they may be appropriate.
2: In any. it
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General Permit or :other eneral ermit verification `�e uirin re- construction
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notif canon C or re nests verification for, anon -re ortin 1\fVVP or other neral
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permit, and the *permit applicant 'has 'not; requested:: an AJD for the activity: ihe: permit
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a` licant 1s hereb made' aware that: 1 the ernut a licant has elected to seek a ernut
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authorization ;based' on a:PJD which does not make an:official determination: of
urisdictional a` uatic :resources . (2}ahe
1 q applicant has the oppon .to request an AJD before
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accepting tehiis and conditions of the uthorization andthat basing' a:permitermit
authori2ation on an AJD could ossibl result in less : com ensato miti ation being
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required :or'different s ecial conditions 3• `:the�a `` lican:has the ri t to re nest
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" individual _ ermt rather than acce tin � ahe terms and conditions . of -the NwP or other
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general permit authorization; (4) the applicant can accept a permiit.authorization and
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therebyagree, to com 1 with 'all the: terms and conditions of that errrut includin
whatever mitigation- requirements he Corps has determined to be neeess :. , S
_., undertaka�n an active m reliance: a on.the: subject permit.authorization without
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re uestin an AJD: constitutes _the a licant's':acce tance of:the use of the q g, pP P (�
acce in ' a erm�t authorization e ♦ :si nin a roffered individual ernut or. undertaken
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an activ
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o a that .,.,.,..constitutesa ee ent all ` ati ' . m , . , . , u c-res urces in>the:review area affeanyVayz
that:activi wi11 be- treated: as urisdictional and waives an' challen a to such •urisdiction,
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a cal: or in an Federal ;court• and ? :whether the a "` licant elects to use: either' ari° AJD or
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a:P"D the JD will :be. mcessed asaoon':as racticable: Further an AJT� a" roffered
individual ermit and all:terriis and conditiOns'contained therein or individual-.:erm t
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denial; can be: admtn�stratively appealed pursuant to 35-C.F;R. Part 331 If' during.iri
ca. it becomes aPro.P ate to mkan ofcial determiriatori whether.
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e hi `' ' o a c urisdiction exists over aquatic resources' in the review .area or to . r vide
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official delineation of urisdictional: a uatic-resources iri the review area _the::Co s will .
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rovide. an AJD ao accom'` lash ,that result as.:soon as �s: ractZcable.: This ;PJD'fu�ds `that
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:there.._ ma ` be waters of;the:US.:andfor: that: here .;< rna be ; nsv able titer " f the
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:: on the:sub'ect review area :and:ident�fes all'a uatic featu es iri
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e affected' b Y.t.h. e pro: Posed :act�vi:onhe110 1 owing noatonbbased
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SUPPORTING DATA.. Data reviewed for'PJD (check oll-that'.apply) Checked items are included in the admuustxative . .
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record and are appropriately cited: .. ' ..
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® Maps, plans, plots orplat submitted by or- on behalf of the PJD, requestor: -
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Map: Site Exhibit dated 03/24/2021 -
®Data sheets prepared/submitted .by Qr on behalf of the • PJD requestor: Datasheets Data Sheets received on
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03108/21.
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e / ati ` ®Clffic concurs with data sheets define on report:
❑Office does not concurwith data sheetsldelineation report. Rationale:
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Data sheets re aced b the Co s
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ClCorps navigable waters`.study:
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C1U.S. Geolo ical Surve H drolo is Atlas•
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.:OUSGS -NHD data:
CJUSI. GS 8 and 12 digit HUC'maps:
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Natural:Resources: Conservation •Service Soil Surve' : Chat.. NRCS Web Soil Survey
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National wetlands inventory map(s). Cite name: NWI surface waters and wetlands websrte
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❑ State/local wetland invento ma s
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-104 ear Flood ain E evatton is: .:: ationa Geode i Vertical Datum of .1929
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.Global Historical Climatology Network Too] for 01/06/2021 and 03/23/2021.
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IMPORTANT :The information reeorded on this farm lids nat necessarily been verified by the C_, ores
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and should not be relied upon for .later jurisdictional determinations. . .
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_ : APPLICATION F3R A MINING PERMIT
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C. PROTECTION OF NATURAL RESOURCES
. :1: Describe n' detail the sequence of events for the development and operation of the mine and reference the -
Sequence to the mine map fs) Attach ;additional sheets as ,needed. -
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Operator will obtain approved mining and dewatering permits from NC Dept, of Environmental
Quality, and approved Use Permit from Currituck County Dept. of Planning : & :Community
Development, -
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ty cross field
O erator'will construct and maintain'30' wide.access%haul goad from mineActivi area a'
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to Caratoke Highway. ::; ... .
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OperatorwilI pave the first 200 feet f access road*starting at.its intersection with Caratoke Highway
with` continuous pavement : .
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' Operator will remove topsoil down to 2.5 feet below natural ground level, and stockpile overburden
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for use in erosion control berms.
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2-ft tal8-ft wide perimeter berm will be constructed inside unexcavated :buffer around the
excavation area and stockpile area using onsite, soils' and stabilized with groundcover seeded per
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seedin schedule � in `this a `lication...
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.Operatorwill.ma�ntam existing foiage`:visual screen along perimeter of the affected area.
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Qperator will construct S-ft tall by.'32-ft�w' a berm around existing U.51-acre pond`Iocated 85 feet
east of the . proposed excavation' boundary, which will be utilized ` as a sedimentation pond for
: `
dewatering the excavation. - &diment pond will be� 133 feet wide by 168 feet long with 0:65-acre ,
water surface for sedimentation. Sediment pond berm will be minimum 32 feet wide,' 5 feet tall, - .
With 18-ft wide exterior slope at 3:1 grade, and 12-ft wide interior slope at 2:1 grade: Minimum 36-
in half: pipe flash -board riser:overflow will be located at -north corner of sediment pond, discharging
.
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into minimum 12-in plastic. pipe leading to riprap-protected existing ditch draining fo Foster Forbes
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Ditch and:Albemarle Sound
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O erator will construct:l2l}Oft lon b ` 10-ft wide b. 2� fl dee' h dration Swale f or roundwater :
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recharge along the western edge of the mine activity area inside the unexcavated buffer. Swale will
be sited between the excavation perimeter berm and the adjacent undisturbed buffer. Undisturbed
..buffer will serve as filter. strip. to allow slow overflow of water from the swale into the adjacent
.-wetlands without erosion of the buffer. Hydration swale will be intentionally filled of water during
.
mine dewater' operation; and at other times by rainfall. .
..
Operator will install dewatering' pump between northeast corner of sediment;pond and excavation .
area, Dewate6ng p ' ' .will be; 8-in Godwin Dri-Prune model running at idle speed. l2 hours per
day:with:333 gallon er minute flow into sediment pond, 0..24 m d:
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:operator will begin ,excavation of main pond (6 23 acres) approximately 85 feet west of sediment _
pond by :digging with excavator and removing sand & topsoil to maximum de #h feasible without
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.:dewaterin the excavation..::
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Operator will dewater main excavation into . sediment pond, discharging `. overflow water from
sediment pond through half -pipe riser water height control through discharge pipe into Foster Forbes
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Ditchdraining to Albemarle Sound. Operator will dewatermain excavation down approximately 25
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feet below normal groundwater level. '. .
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3 :1 cut slopes will be constructed around excavation edge down to normal groundwater level. As
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water is removed from excavation, 2:1;cut slopes will be constructed below normal.groundwater
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level: `around excavation ed e
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Pond will be excavated to average>30 feet and max�mum'35 feet below natural ground level while
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dewatering is maintained. Excavated material (sand) will be stockpiled in i 4 43-acre stockpile and
.loading area east of the excavation:: Sand will be loaded into trucks and removed from area via the
. -
access road leading to Caratoke Highway:
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.. APPLICATIC)lY FOt A MININGER.IVIT =
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n. when final excavation of pond is complete, dewater"' 'will be discontinued, and pump shutdown
and removed. Groundwater will refill the excavation to normal seasonal high groundwater:level. '
o. After all excavation is complete, operator will establish groundcover on 3:1 above-water.slopes of
...:excavation and :,will n co s#xuct 844ide by :1-ft a114 l berm around: excavation ed a to.: revert .
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erosion of pond`slopes, with outside edge of berm graded:down to natural ground v: el.
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berm will be used as part of fill. Once filled, sediment pond area will:be graded, levelled, and`sowed
T with groundcover. Area will be allowed to:return to non -erosive field. state.
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q. l ormer stockpile l perimeter berm areas and processin areas outside of mam excavation wi11 be
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graded, leveled, .and seeded with groundcover:. Areas will be allowed to return .to previous non-
erosive field state. -
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r... Hydration Swale will be filled with overburden soil and will be graded,aevelled.:and sown with
roundcover Area will be:allowed to return to`non-e ' g . :. rosive field state.
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:: s. Internal roadways and haul roads wi11 be graded, leveled,:seededwith groundeover`and allowed to ..
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return to natural field state. A field path .will remain around the perimeter of the excavated pond:
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t. Operator will grade and level dirt portion of access road to Caratoke Nighway back'to
original non-
-: : erosive state. Paved portion of aecess.road will remains is. Field "`ath will lead :from access
p road
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around perimeter: of pond. .
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u. Remaining affected areas inside main permit area will be fertilized and returned'to natural field state.
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v.. Remaining pond will be utilized by landowner for scenic &recreational purposes, and as wildlife
habitat
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2 Describe specific erosion control measures to be installed prior to land disturbing activities and Burin
mining to prevent offsite-sedimentation (include spec f c-plans for sediment:and erosion control or mine
.
excavation(s), waste piles, access%mine roads and process areas), and give a detailed se uence of
installation and schedule for. maintenance of the measures:: Locate and label all sediment and, erosion
_.. _ .:.
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control measures on,; the ` mine ma ` s and : rovde: ical `:cross-sections/con
.. p(� p . structrvn details, of each
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measure. Engineering designs and calculations are required ao 3ustify the adequacy of any proposed
measures.
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::. a. : Operator will construct and maintain 3 0-ft wide. accesshaul road from mine ac i ' e
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G to Caratoke Highway. . .
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: b. Operator will. pave the f rst 200.feet of access road starting at its intersection with Caratoke Hi wa Y
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with n ' .
. . . co tinuous pavement. _ - -
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c. 2-ft tall x 8 ft .wide perimeter -berm will be constructed inside unexcavated buffer around the
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excavation -area and stockpile: area usin onsite soils ;and stabilized .with; roundcover seeded ` r:
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seedn schedule in; i
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d. Operator will construct 5-ft tall by 32-ft'wide berm around existing 0.51-acre pond ocated 85. feet-.
east of the proposed, excavation boundary, :which will be utilized as a sedimentation pond- for.
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dewatering the,excavation. Sediment pond will be 133 feet wide b 168 feetaon with'Q,65-acre.
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water surface .for sedimentation. Sediment pond bermwill be minmmum 32 feet.Wide, 5 feet tall;
4':
with l 8-ft wide exterior slope at 3:1 grade, and 12-ft w de"interior slope at 2:1 grade. 'Minimum 36
r
in half pipe flash -board riser overflow will be located at north corner of sediment pond, discharging
into minimum.12_in plastic pipe leading to riprap-protected existing ditch drainiria to Foster Forbes
. . . .
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Duchand Albemarle Sound
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e. :Operator will construct 1200=ft long � by . 104t wide by2=ft dee oundwater: h dratio re
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Swale along the western edge of the mine activity area inside the uriexcavated buffer. Swale will be
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sited between the mining perimeter berm and the adjacent undisturbed buffer.':Undisturbed buffer
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will serve as filter;strip to allo:... w overflow of water into the ad'acent wetlands without
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tue 'buffer. Hydration ditch will be ke t full of water'. Bunn mine dewaterin o
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APPLICATION FOR A MINING PERMIT
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3 a.- `will the operation :involve washing the material miI.ned, recycling process water, or other waste water
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.. handling?Yes No
If es briefl describe all such rocesses includin an chemicals to be used.
Not applicable.. .
b. Will the operation involve discharging fresh or waste water from the mine or plant.as a point discharge o
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y . ahe waters of the State? Yes ..No [,. Ifyes briefly describe the nature of the discharge and locate . ;
all proposed discharge points (along with their method of stabilization) on your mine ma�a(s)..
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. Operator will .construct 54all. by 32-ft wide berm around existing 0.3I -acre pond located 85 feet
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east `of the proposed excavation ;boundary, which will be utilized as, a sedimentation .pond for . .
dewaterin ' : the excavation `Sediment " and will:be : 33 feet wide b 168 feet long w.ih 0:f S-acre
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`water surface for - d- ' entat* ` : * ,:Sediment and berm will be m�rumum'32 feet wide,:5 `feet tall,
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with 18-ftwde exterior slope at 3:1 grade, and 12-ft wide �nterior.slope at'2:1 grade.. Minimum 36-
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. in half -pipe flash -board riser.overflow will be located at north corner of sediment pond, discharging
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Ditch and- Albemarle Sound
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c: Will an `,art of the ro osed none excavations extend below the water table? Yes � No [ .
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If es, .do ou ntend to dewater he excavations .Yes No ..
yes,
if wh t impactif an ,will none dewaterin have on nei borin -wells? `Estimatedwithdrawal rate .
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. in gallons per day: 0:24 mgd .. ;Locate: all existing wells on the mine maps) that lie within
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SD0 feet of the proposed excavation area: Provide data to suppport any conclusions or statements made,
including any monitoring well data, well construct*on data and current water withdrawal rates. Indicate
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whether ;the: ro osed mine aocale is served b . a . , ublic waters stein or rivate wells::
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No roundwater wells located within 500 feet of proposed excavation. � CI ' stwell
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from excavation. -Seven parcels with groundwater wells located:within 1500 feet of excavation. .
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sttin recommendations of Currituck County Engineering Department .
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Operator will construct 1200 .. long by 10-ft wide by 2-ft deep groundwater hydratzonlrecharge
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.. swale aloe the western;edge of the mine activity areaanside the unexcavated.buffer Swale. will be
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sited between he mining perimeter berm and.the'adjacent undisturbed buffer.' Undisturbed buffer
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will serve as filter strip to a11ow slow overflow of v�rater into the adjacent wetlands without.erosion of
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the buffer: - Hydration swale will be kept full of water during mine dewatering operation.-. .
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ou answered es to an of the ab
d.- . If ove uestions, provide evidence :that. you ; have applied for or
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; obtained:the appr priate w l r quality perrni�t(s) (i a ;'non -discharge, NPDES, Stormwater, etc: from the
) . Stormwater Program. - In addition, ,the ap licant is required to register`:water use with` the Do sion of
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Water Resources,; Ground Water: Management Branch, if the operation withdraws more than i 0,000
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gallons per day and needs capacity use permit from the Division of Water Resources, Ground Water
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Management Branch, if the operation lies in a capacity use area and withdraws more than 100,000
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0 eratorhas a lied to NCDEQ for an:NCG02/NPDES GeneralPerinit o dewaterthe excavation.
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PermYt a location is underrevew.: 4
: perator will register water usage :with NCDEQ DWR upon
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.. approval of NCG02 permit
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RECEIVED
MAY 1 8 2021
All exposed slopes and peaks of the berms will have full ground cover. The pond berms will have a
minimum 1.5 feet of freeboard between the water surface and the top of the sediment pond bank.
Excavation of the main 6.23-acre pond will begin approximately 90 feet from the sediment pond and
work westward and southward. The edge of the sediment pond berm and main excavation will be 75
feet from the nearest wetland swamp. Use of the sediment pond will help forcibly hydrate the nearby
wetlands located north and west of the sediment pond and will minimize dehydration of the wetland
forest.
Sediment pond water level will be controlled by a half -pipe water height control device with a flash
board riser installed in the north edge of the sediment pond berm. This control structure will allow
water to flow across the flash boards into a 25ft long x 15' wide buried PVC pipe leading northward
through the berm 25 feet to a 6-ft wide lined discharge ditch running 195 feet northward until exiting
into the Foster Forbes Ditch blue -line stream. Overflow water will then travel westward and southward
1.12 miles through PFOl/2F (USFWS) semi -permanently flooded Palustrine wetland forest, then 0.17-
mile westward through E2EM1Pd (USFWS) partially flooded estuarine wetlands, and then 0.7-mile
westward through an unnamed tributary to Albemarle Sound.
Dewatering Procedure:
The operator will install an 8-inch diesel engine powered dewatering pump at the south end of the
sediment pond,1300 feet from the closest residence outside of the landowner's property and situated
behind sand berms or below natural ground level to reduce noise. Discharge from the dewatering pump
will flow northward 320 feet from the south end of the sediment pond to the flash board riser overflow
on the northeast end, then eastward 0.7-mile as described earlier to Currituck Sound.
Water will be pumped from the main pond to the sediment pond by the gin gasoline -powered transfer
pump operating at idle speed. Estimated maximum flow from the pump will be 20,000 gallons/hour,
operating 12 hours per day, 0.24 mgd. The operator proposes to drop the water level in the main pond
approximately 20 - 25 feet below normal ground level when needed.
Time and distance will allow all sedimentation to occur to acceptable levels before the overflow water
reaches outfall and then the waters of the State. Water will have to travel a minimum of 270 feet to
reach the overflow point which will give enough surface area to allow sufficient sedimentation to occur.
Stormwater drainage will be unable to enter the sediment area and damage the sediment pond rates,
due to the height of the surrounding sediment pond berm.
Wetlands Protection:
To minimize wetland impacts, the operator will construct a 1200-foot long by 10-ft wide hydration swale
between the west side of the proposed excavation and the adjacent wetlands 75 feet westward. The
ditch will run along the westward edge of the 25-ft wide unexcavated buffer between the perimeter
berm and the 50-ft wide undisturbed buffer boundary. The ditch will be kept artificially full by having
water pumped into It from the excavated pond on a constant basis. Water will be allowed to overflow
along its length and spread in a sheet flow across the foliated undisturbed buffer into the adjacent

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wetlands. This will: help forcibly hydrateand enhance groundwater level between the excavation and
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', a 'acen :wetlands: This h etflow will b. in addition to there u#ar overflow water enter#n the same
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Groundwater Control: "
Groundwater level can be controlled;by a planned program of dewaterin ... Mine dewaterin t icall
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rovides more efficient workin conditions better di abilit _and:traffickin ` im roves to a stabilit
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and'safety, and maintains or increases safety factors.
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The top edge of the southeastern corner of the proposed excavation is located 850 feet from the cbsest
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residence at,8200 Caratoke Highway There are seven'homes an
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within 1500 feet of excavation edge: "Theo erator:proposes to address possible groundwater impacts
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throw h wo methods.
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• The operator will install two groundwater level monitoring wells along the eastern permit
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boundary adjacent to, Caratoke Highway, exact location to be determined by reco"mmendation'
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from engineers with Currituck Piannin and Communit C, , `merit: Once `ermits are'issued
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. " rid wells installed, wells will be rmonitored and measured monthly during the �fe o ,the pe
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Baseline water level measurements wiU be taken as soon s e s.ad
dewatering operations begin, then monthlthereafter.. Monthly groundwater level
measurements,will indicate abnormal groundwater depletion if it starts to occur, and measures
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can be taken,to ad'ust.dewaterin rocedures before reachin = dama in levels:
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. In res once to re uirements of the Currituck-Count Unified Deyelo ` merit Ordinance form ne.
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.dewatenng activities, the operator wi#I establish and maintain a performance bond of $3000 #or
each in -use water well within 1500 feet of the proposed excavation.: The bond will be used to
repair or replace any groundwater wells or pumps damaged by dewatering at the proposed
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. :excavation.: The_bond will be in the form of an irrevocable letter of credit held b ;Currituck
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total bond "amount will be determined be'fore.permit is issued
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Sedimentation and Erosion Control: -
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The:wetland swam"' west of the proposed excavation located 75 feet from the excavation:edge, runs _'
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ara lel to the western permit ea bo dary , ope t wil est s a,5 e u
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buffer (no disturbance of any kind)' as a visual screen of existing woodland which is part of he Currituck -
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: County required property line setback: This buffer will be adjacent to, and inside of, the permit :: :.. % :
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In.addition there wU be a 25ft unexcavated buffer ma `:contain oadwa s' stock iles`and`sediment &... .
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_. erosion control devices) around the.entire excavationarea, between the excavation and the . •
undisturbed buffer. -
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Temporary Hydrating Swale Construction Details
Foster Forbes Mine
8180 Caratoke Hwy., Powells Point, NC
Currituck County
Photo 1:New excavated swale Photo 2: Swale after rain
Similar to a contour bank, this rehydration Swale is being constructed to ensure hydration of nearby
wetlands inside the permit boundary of the Foster Forbes Mine. The swale will consist of one 1200-foot
long by 10-foot wide closed -end swale that will parallel the western affected area boundary. The swale
will be located inside the western unexcavated buffer between the excavation area and the wetland
undisturbed buffer. There will be no water flow, but water will collect in the swale from rainfall and by
intentional filling from the excavation during periods of dewatering. The water in the swale will be
absorbed by the swale and taken underground to recharge the adjacent wetland.
Construction: A flat-bottomed V-shaped level closed -end trench 10-foot wide by 1-2 feet deep will be
dug parallel to the contour of the land in one 1200-foot length. Trench will have minimum 2-ft wide flat
bottom and 2:1 or flatter sloped sides. The excavated soil will be placed uncompacted along the bottom
side of the trench in a round mound shaped berm minimum 1-ft high and 4-ft wide, which will allow
surface run off from above the swale to flow into the Swale and be collected there, and then be
absorbed into the ground. The swale berm will be seeded with ground cover to prevent erosion. The
side slopes and swale depression will be seeded to encourage ground cover growth.
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A 6-foot wide rock baffle consisting of rip -rap and smaller gravel will be constructed in the Swale berm at
its lowest contour point to allow passive discharge of overflow water during periods of heavy rain,
through a level sill spillway approximately 9-feet long. This will spill a level sheet of water 3-5 mm deep

to run across the surrounding grass, through the silt fence, and into the wetland. This sheet flow water
will prevent concentrated flow and erosion of the landscape.
COa(fl aggregate p�-,��
Annual Maintenance:
• Inspect rock baffle for clogging and correct the problem.
• Inspect and correct erosion problems in the sand/soil bed of swales.
• Inspect grass on side -slopes for erosion and formation of rills or gullies and correct.
• Based on inspection, plant an alternative grass species if the original grass cover has not been
successfully established.
Maintenance (as needed)
• Inspect Swale berms weekly and after every rainfall,, repair as needed.
• Till or cultivate the surface of the sand/soil bed ofswales if the swale does not draw down
within 48 hours.
• Remove sediment build-up within the bottom of the Swale once it has accumulated to 25% of
the original design volume.
• Mow grass to maintain a height of three to four inches
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Ken Elliott, consulting
May 8, 2021

Water Height Control: Construction Details
Half -pipe Water Level Control with Flash Board Risers
NRCS Code 587
Foster Forbes Mine
8180 Caratoke Hwy., Powells Point, NC
Currituck County
emergency $pit"
riprap r
concrete base
riser
water detention Ievt4
sediment forebay
DESCRIPTION
A structure in a water management system that conveys water, controls the direction or rate of flow, maintains a desired
water surface elevation or measures water. Water height control structure is standard structure used by agricultural and
horticultural farms in North Carolina to raise or lower water height in ditches and ponds per need (NRCS). Water height
control structure to be installed in the south berm of the sedimentation pond at the Foster Forbes Mine. Overflow to be
directed down stabilized ditch to nearby blue -line stream, eventual ouHlow to Albemarle Sound.

PURPOSE
To convey water from one elevation to a lower elevation within, to, or from a water conveyance system, such as a ditch,
channel, canal, or pipeline designed to operate under open channel conditions. Typical structures: drops, chutes,
turnouts, surface water inlets, head gates, pump boxes, and stilling basins (NRCS). This water management system will
be used to maintain a maximum water surface elevation in the sedimentation pond at the Foster Forbes Mine, 8180
Caratoke Hwy., Powells Point, NC, Currituck County.
Sedimentation pond is a part of the dewatering management system of the Foster Forbes Mine, used to remove settleable
matter and turbidity from mine dewatering wastewater.
CONSTRUCTION
Structure consists of 26' x 3' horizontal galvanized steel culvert running under the sedimentation pond berm. A vertical 6'
half pipe 52" x 30" is attached on the north end of the culvert with stacked flash boards allowing adjustable height of the
water level in the sedimentation pond. Water flows over the flash boards and into the discharge pipe and down the rip -rap
stabilized ditch.
Overflow ditch is lined with riprap for 20 feet down its length. Existing slopes adjacent to the culvert are heavily grassed
with natural grass and weeds with no erosion present.
MAINTENANCE
Structures will be checked and necessary maintenance, including removal of debris, shall be performed after major
storms and at least semi-annually.
Ken Elliott, consulting
May 8, 2021