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Home My WebLink About20210702_ApplicationLaBella Powered by partnership. June 24, 2021 NCDEQ-DEMLR Asheville Regional Office 2090 US Highway 70 Swannanoa, NC 28778 Reference: Morse Park Mining Site Town of Lake Lure, NC Project Number: 2200559 Subject: Application for Mining Permit To whom it may concern: RECEIVED JUL 0 2 1011 LAND QUALITY MINING PROGRAM Please find attached one (1) set of originals and five (5) copies of the following information for the above referenced project: I. Completed application II. Permit Fee ($1,000.00) III. Mining Map IV. Street Map V. 7.5 Minute USGS Map The proposed project is the continuation of the dredging operations at Lake Lure. This project will take place while the lake is lowered for other projects. Please advise us of any modifications or clarifications needed prior to approval. Thank you for your time and please do not hesitate to call me with any questions or comments regarding the attached or the project in general (Direct: 704-747-0182, Email:mwalsh@labellapc.com). Respectfully submitted, • GJA&- Maurice J. Walsh P.E., AWAM Project Manager LaBella Associates, PC 300 S. Firestone Street, Suite 200-L I Gastonia, NC 28052 p (704) 376-6423 f (704) 332-6177 www.tabettapc.com RECEIVED JUL 0 2 M1 LAND QUALITY MINING PROGRAM NORTH CAROLINA MINING PERMIT APPLICATION C&5ti rC4 C State of North Carolina Department of Environmental Quality Division of Energy, Mineral, and Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 Revised: 2017 NOTE: It is recommended that you contact the appropriate Regional Office (see Regional Office listing in the back of this booklet) or the Raleigh Central Office for a PRE -APPLICATION MEETING to discuss your intentions and address any questions. MINING PERMIT APPLICATION REVIEW PROCESS FLOWCHART BEGINNING OF PROCESS Application received by State Mining Specialist Applicant issues Public Notice Application assigned to Assistant State Mining Specialist Assistant State Mining Specialist/Program Secretary routes application for review and comment - U.S. Fish & Wildlife Service - N. C. Geological Survey - Wildlife Resources Commission - Division of Water Resources - Division of Archives & History - Division of Parks & Recreation - Others as appropriate *All application review comments forwarded to Assistant State Mining Specialist Is application 1 / f. If "YES", Assistant State Mining Specialist drafts the proposed permit action - Regional Office - Division of Air Quality - Division of Water Resources .................................... Review Public Comments; Public Hearing Possible If "NO", Assistant State Mining Specialist drafts a letter requesting additional information from applicant Additional information from applicant received and routed to/reviewed by Assistant State Mining Specialist and Regional Office Staff (go to *) Application & proposed permit action reviewed by State Mining Specialist Is application & proposed permit action comnlete/sceentahle?? If "Yes", the following permit actions are issued by the State Mining Specialist: - Draft Permits - Permit Transfers/Name Changes - Bond Substitutions/Cancellations - Permit Releases - High Airblast Remediation Plans - Non -controversial New Permits - - Small, Non -controversial Modifications END OF PROCESS If "YES", application & proposed permit action forwarded to and reviewed by Division Director Is application & proposed permit action If "YES", the proposed permit action is issued by the Division Director If "No", application & proposed permit action returned to Assistant State Mining Specialist for revision (go to *) For other permit actions, if "Yes", application & proposed permit action forwarded to and reviewed by Mining Specialist Is application & proposed permit action complete/ If "NO", application & proposed permit action returned to State Mining Specialist/ Assistant State Mining Specialist for revision (go to *) If "NO", application & proposed permit action returned to Section Chief/State Mining Specialist for revision I (go to �) END OF PROCESS -1- APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Morse Park Mine County Rutherford Countv River Basin Broad River Basin Latitude (decimal degrees to four places) 3 5.43 56 Longitude (decimal degrees to four places) 82.2289 2. Name of Applicant* Town of Lake Lure 3. Permanent address for receipt of official mail** PO Box 225, Lake Lure, NC 28746 Telephone f 828 625-9983 x 501 Alternate No._(828) 460-0623 4. Mine Office Address 197 Buffalo_ Shoals Rd, Lake Lure, NC 28746 Telephone ( 828) 625-9983 x 501 5. Mine Manager Dean Givens 6. E-mail Address log townoflakelure.com I certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ** Print Name Dean Givens Title Director of Lake Op erations Date 41-'ae --'ad4al * 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 anapplication for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. -1- APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage th— at —le "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, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: 81-10 Total permitted acreage: 68.70 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): 53.85 Does the modification involve acreage outside the previously approved permitted boundary? Yes Z . No R. If yes, indicate the additional acreage to be covered by this modification: 42.46 . (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed, ground cover removed) by the min.ng 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): 106.18 ❑ If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No,: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand 3. Mining method: Hydraulic Dredge Front-end Loader & Truck ❑ Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain): 4. a. Expected maximum depth of mine (feet) 15 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) mean sea level b. Expected average depth of mine (feet) 10 5. Has any area(s) at this site been mined in the past? Yes ® No ❑ -2- APPLICATION FOR A MINING PERMIT If yes, when and by whom was this activity conducted? Dredging activities are routinely and periodically p6rfonned by the Town of Lake Lure depending on the time of year and available funding. -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): 10 B. MAPS 1. Clearly mark and label the location of your mining operation on six (6) copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 51h Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 htt-o://aortal.ncdenr.oroJweb/lr/aeolop-ical 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 htio://www.nedot.orgJit/ pis/ 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. Thus, all mine and reclamation maps must denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. ` b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. £ Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. J. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are 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. -4- APPLICATION FOR A MINING PERMIT p. Names of owners of record, both public and private, of all tracts of land that are adjoining the miring permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1 �000 feet of the raining permit boundary, must be provided on the mine map(s). NOTE: "Highway means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres 1 inch = 50 feet 50-199 Acres 1 inch =100 feet 200+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -5- APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine man that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A able/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds Stockpiles Wastepiles Processing Area/Haul Roads Mine Excavation Other (Explain) Total Disturbed Acreage NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. The lake level will be reduced by opening the spillways at the dam and lowering the lake to 12 feet below full pond. This lake lowering is being done to allow infrastructure projects related to the gravity collection system, Dam, and wastewater treatment plant, which will occur concurrently with the mining operation. The dredging operation will consists of hydraulic dredging and direct excavation. The hydraulic dredging will take place on the eastern side of the dredging area. The slurry will be transported by pipe to the treatment area shown on the attached map. The slurry is deposited into treatment basin number 1, where the larger and heavier materials are allowed to settle. A pipe allows water to transfer to treatment basin number 2, in which lighter and smaller materials are allowed to settle. The decanted water is drained through a filtered surface dram and returned to the lake. As the treatment basins are filled with sediment, they are emptied with an excavator and deposited in the stock pile area. The sand and sediment are allowed the dry before being transported to an offsite spoil location. The direct excavation will begin at the access road connecting to chapel point rd. Temporary mats will be used to support truck traffic as excavators are used to load trucks directly. The spoil will be transported to the offsite spoil site for disposal. Both of the dredging types will be used to remove sand and sediment that has deposited on top of the natural lake bed. The existing lake bed will not be enlarged by the dredging operations. Existing utilities will be located and avoided during the dredging project. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. Super silt fence will be installed around the treatment areas to include the access/haul roads. Temporary construction entrances will be constructed at the intersections of access/haul roads and public or private streets. The carrier water used to transport the slurry will be decanted in two treatment basins before being released through a filtered 'surface drain. The stockpile area will be bordered to super silt fence to prevent any sediment to reenter the lake bed. After construction has been completed, the stockpile and processing area will be seeded. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ❑ No Z. If yes, briefly describe all such processes including any chemicals to be used. -7- APPLICATION FOR A MINING PERMIT b. Will the operation involve dischar ' g fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes 0 No Z. If yes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine rnap(s). am APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes ❑ No X. If yes do you intend to dewater the excavation(s)? Yes ❑ No ❑. If yes, what impact if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine map(s) that lie within 500jeet of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. d. If you answered yesto any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permits) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Stormwa gram ter Program. In addition, the applicant is required to register water use with the Division of Water Resources, Ground Water Management Branch, if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources, Ground Water Management Branch, if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. 4. a. Will the operation involve crushing or -any other air contaminant emissions? Yes ❑ No Z. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? Dust control will accomplished by misting stockpiles as needed and by grassing and seeding following construction activities. Temporary construction entrances will be maintained throughout the dredging operation. APPLICATION FOR A MINING PERMIT S. a. A buffer will be required between any mining activity and any mining permit boundary or right- of-way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). A 25 foot buffer will be maintained around all mining activities. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). All of the dredging operations will take place within the existing lake boundary. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. The direct excavation process will limit the height of removal lifts and will leave the slope of excavated basins to a minimum of 3 horizontal to 1 vertical. -10- APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine maps) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. Stock pile areas will be limited to a minimum height and side slope as shown on the map. c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross sections for all cut slopes must be provided on the mine map(s). Non -rock excavation will be limited in sloping as shown on the map. d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross - sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety s and mine benches and the expected maximum depth o the excavation. benches exp p ,}� No rock excavations are part of this project. 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. Dredging will not occur directly adjacent or undermine any existing boat houses. The lake will be restricted to city staff, law enforcement, contractors, engineers, and other involved in the various concurrent construction and dredging operations. Public lake use will be suspended during the project. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each type of barricade to be used must be indicated on the mine map(s). High wall areas will not be part of the dredging project. APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes ❑ No ®. If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? 1.0. a. Describe specific plans (including a schedule of implementation) for screening the operation from lic view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location f all visual screening on the mine maps) and provide cross - sections through all proposed berms or proposed spacing, sizes and species for tree plantings. Screening of the lake is not feasible, as such screening measures are not planned. b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? If so how will such effects (i.e., noise, visibility, etc.) be mitigated? rea , Recreational use of the lake will be restricted due to other construction activities and the need to lower water level of the lake. Dredging operations will be restricted to normal business hours to reduce adverse effects of noise and visibility to the public. 11. Will explosives be used? Yes ❑ No E. If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structure(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ❑ No 0. s If yes, describe these materials, how they will be stored and method of containmentn case of pill. Indicate the location(s) of all storage facilities on the mine map(s). -12- APPLICATION FOR A M q NG PERMIT D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, oany permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent channels must be indicated on the reclamation map. The treatment and storage areas will be filled, drained, and seeded. The tenporary construction entrances will be removed and restored to natural conditions. Temporary mats or other measures used to support equipment will be removed. Following the completion of the infrastructure work, the lake will be returned to full pond. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ❑ No ®. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross -sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes ❑ No ❑. If yes, specify species. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what land of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation neap. Only sand and silt will be removed, no rock excavation will be perfonned. -13- APPLICATION FOR A M]NING PERMIT -14- APPLICATION FOR A MINING PERMIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations for such areas must be provided on the reclamation map. All dredged materials removed from the lake will be disposed of at the offsite disposal site. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. The treatment ponds will be dewatered and filled level with the surrounding ground. Spoils will be removed and disposed of offsite, leaving the spoil site flush with the existing ground. The treatment ponds and spoil site will be grassed for stabilization. All access roads will be graded and stabilized. b. Will any on -site roadways be left as part of the reclamation? Yes ❑ No ®. If yes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. d. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.) No off -site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environmental Quality, Division of Energy, Mineral, and Land Resources and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with a list of items to be disposed in said areas. NIA -15- APPLICATION FOR. A. MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the NC Forest Service, Department of Agriculture and Consumer Services; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the NC Forest Service, Department of Agriculture and Consumer Services; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Browntop Millet Korean Lespedeza Crown vetch Rye grain Korean Lespedeza Crown vetch Seeding Dates: May 1- Sept 15 May 1- Sept 15 May 1- Sept 15 Sept 15 -April 30 Sept 15 -April 30 Sept 15 - April 30 Seeding Rates: 20 lb/ac 20 lb/ac 1 lb/ac 120 lb/ac 10 lb/ac 1 lb/ac MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Signature _ Print Name Title Agency Date -16- APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the .Department to be affected during the life of the mining�ermit. Please insert the approximate acreage. Lr AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: 2.21 Ac. X $ 500 /Ac. W $ 1,105 Stockpiles: 0.07 Ac. X $ 1,800 /Ac. _ $ 126 Wastepiles: Ac. X $ /Ac. — $ Processing Area/Haul Roads: 2.70 Ac. X $ 1,800 /Ac. _ $ 4,860 Mine Excavation: 95.05 Ac. X $ 500 /Ac. _ $ 47,525 Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: 100.03 Ac. (TOTAL PERMITTED AC.: 111.16 Ac.) Temporary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 100.03 Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: $ 53,616.00 Inflation Factor: 0.02 X SUBTOTAL COST: $ 1,072.32 X Permit Life Provided by Applicant (Life of the Mining Operation or Life of Lease from Public Entity (in Years)): 10 INFLATION COST: $ 10,723.20 Total Reclamation Bond Cost: $_ 64,400.00 (round down to the nearest $100.00) (NOTE: The reclamation bond cannot exceed $1 million per GS 74-54) APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail, return receipt requested, to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining lermit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the essor of the mine tract, all owners of record of tracts adjoining these tracts must be notified are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and that (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which He directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Energy, Mineral, and Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bl). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" NOTICE Pursuant to provisions G.S. 74-50(b 1) of The Mining Act of 1971, Notice is hereby given that Town of Lake Lure has applied on 5/26/2021 (Applicant Name) (Date) to the Division of Energy, Mineral, and Land Resources, North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ❑ a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 95.05 acres located within the western (Mineral, Ore) (Number) (Miles) end of the lake of Lake Lure off/near road Boysp Road/ Chapel Point Rd (Direction) (Nearest Town) (Number/Name) in Rutherford County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty30 days of the issuance of this Notice or the film of the eapplication fora permit,whichever is later. Shoulthe De artment determine that a significant public interest xs is relative to .S. 751, a public hearing will be held within 60 days of the end of the 3300--day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding snecifics of the nronosed mining activity. ulease contact the applicant at the followiniz telephone numl i-9983 For information on the mining Program staff at 919) 707-9220. Please note that locumentation within the provisions of the Mining is (Addressee/Owner of Record's Name and Address) (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) s, please contact (Name of Applicant: Include Contact Person & Company Name, if Applicable) (Address of Applicant) -19- APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, Dean Givens , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environmental Quality, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) See attached List See attached List (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) [i.e.: City Manager, County Manager, Mayor, etc.] Shannon Baldwin, Town Manager (Address) 2948 Memorial Hwy, Lake Lure, NC 28746 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the nine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. .. Z7 .2 / Si tore of Applicant or Agent Date If person executing M,,. it is an agent or employee of an applicant, provide the following information: Name of applicant: "/4-4 Lut� Title of person executing Affidavit A A k4C ACe. CA.', 4 J<e- D.) I, &M v' t av& a Notary Public of the County of TLLne c'm �1P State of North Carolina, do hereby certify appeared before me this day and under oat U& Witne .'''axed notari 1 seal, Not ' - ' ' N 0 Tq -, � f y 1 •$ A + a r � r BLjG day of ,1 204 . JJ,, my Commission expires: _20- APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: Signature: w�y'c GAS Z-L'X e. Print Name: (Title, if applicable) Company (If applicable) Address: 0 7 qe) .wow r'A Telephone: (E ) Kc*2S ~ 50.�' 9-3 Date Signed: 4. '91 APPLICANT: Signature:* .. Print Name: /V V 45 41+ G .'0 EA/S Title: ID44 G S G, ,f� G y4�'�, 01,%Z40*&x Company: � �• 4 L-Ai � zz"e--g- Mine Name: !� (o k, PA A-1< 10 Z/ Telephone: ()4�1� Date Signed: Ze ' C;2 C/o a *Signature must be the same as the individual who signed Page 1 of this application. One original and five (5) conies of the comDleted apDlication, six (6) copies of all location ma and reclamation maps, and the approUriate 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. -21 APPLICATION FOR A MINING PERMIT MINING FEE SCHEDULE A nonrefundable permit application processing fee when filing for a new mining permit, permit modification or transferred permit is required as follows; 0-25 acres 26+acres New Permit Applications $3,750.00 $5,000.00 Permit Modifications $750.00 $ I,000.00 Permit Transfers $100.00 $100.00 Annual Operating Fee $400.00 $400.00 Acres for new permits means the total acreage at the site. Acres for modification of permits means that area of land affected by the modification within the permitted mine area, or any additional land that is to be disturbed and added to an existing permitted area, or both. - 22 - APPLICATION FOR A MINING PERMIT There are seven Division of Energy, Mineral, and Land Resources (DEMLR) Regional Offices. Use the map below to locate the Regional Office serving your county. Asheville Regional Office • Counties: Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Swain, Transylvania, Yancey • Address: 2090 U.S. Highway 70, Swannanoa, NC 28778 • Voice:828.296.4500 • FAX:828.299.7043 Fayetteville Regional Office • Counties: Anson, Bladen, Cumberland, Harnett, Hoke, Montgomery, Moore, Richmond, Robeson, Sampson, Scotland • Address: 225 Green Street, (Systel Building), Suite 714, Fayetteville, NC 28301-5094 • Voice:910.433.3300 • FAX:910.486.0707 Mooresville Regional Office • Counties: Alexander, Cabarrus, Catawba, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly, Union • Address: 610 East Center Ave., Suite 301, Mooresville, NC 28115 • Voice:704.663.1699 • FAX:704.663.6040 Raleigh Regional Office • Counties: Chatham, Durham, Edgecombe, Franklin, Granville, Halifax, Johnston, Lee, Nash, Northampton, Orange, Person, Vance, Wake, Warren, Wilson • Address: 1628 Mail Service Center, Raleigh, NC 27699-1628 or 3800 Barrett Drive, Raleigh, NC 27609 • Voice:919.791.4200 • FAX:919.571.4718 Washington Regional Office • Counties: Beaufort, Bettie, Camden, Chowan, Craven, Currituck, Dare, Gates, Greene, Hertford, Hyde, Jones, Lenoir, Martin, Pamlico, Pasquotank, Perquimans, Pitt, Tyrrell, Washington, Wayne • Address: 943 Washington Square Mall, Washington, NC 27889 • Voice:252.946.6481 • FAX:252.975.3716 -23- APPLICATION FOR A MINING PERMIT LAND QUALITY REGIONAL OFFICES (continued) Wilmington Regional Office • Counties: Brunswick, Carteret, Columbus, Duplin, New Hanover, Onslow, Pender • Address: 127 Cardinal Drive Extension, Wilmington, NC 28405 • Voice:910.796.7215 • FAX:910.350.2004 Winston-Salem Regional Office • Counties: Alamance, Alleghany, Ashe, Caswell, Davidson, Davie, Forsyth, Guilford, Rockingham, Randolph, Stokes, Surry, Watauga, Wilkes, Yadkin • Address: 1450 Hanes Mill Road, Suite 300, Winston-Salem, NC 27103 • Voice:336.776.9800 • FAX:336.771.4631 -24- APPLICATION FOR A MINING PERMIT SCHEDULE OF RECLAMATION COSTS (Based upon range of $500 - $5 000 per affected acre COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill dirt, CS = Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI = Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine, KY = Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other Tvue T/S Ponds S. iles W. iles P.area/H.R. Mine Excay. SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $500/ac.(L) Borrow 1500(FI) PD $2000 ( ) CS, DS, 500(L) 1800 2000 2000 500(L) FS, MI, 1500(FI) 2500(PD) LI, PF, OL, KY PH 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) CL 1000(L) 2500 5000 5000 2000(L) 2500(FI) 3700(PD) PE, AU, 1000(L) 2500 3000 3500 2000(L) TI, OT 2500(FI) 5000(PD) (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetating AS PER NCAC 15A 5B.00031 IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program,1612 Mail Service Center, Raleigh, North Carolina 27699- 1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM: • FINAL GRADING COSTS PER ACRE • LIME AND FERTILIZER COSTS PER ACRE • YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) • MULCH AND ANCHORING COSTS PER ACRE • .ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. - 25 - n d r m N II rti N N N �L 8 5' m D � m z a Gl m 3 x y _ z m c 9 _ � c z o'n 5 4n.n4. _ oqy H� a L� Y q�' 2 2 � C m N _ p n �S C Comm. No. 2200559 Project Street Map Figure LaBella Lake Lure Dredging Area 1.0 Lake Lure, North Carolina May 2021 MUSGS Y.S. 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