HomeMy WebLinkAbout20220411_ApplicationEast Coast Engineering, P.C.
ENGINEERS•PLAN NERS•CONSULTANTS
April 8, 2022
Mr. Adam Parr, Asst. State Mining Specialist
NCDENR — Division of Energy, Mineral and Land Resources
Land Quality Section
1612 Mail Service Center
Raleigh, North Carolina 27699-1512
Subject: John Ward Mine (#10-84)
Brunswick County, North Carolina
Mine Transfer Request
Dear Mr. Parr:
RECEIVED
APR 11 2022
LAND QUALITY
MINING PROGRAM
On behalf of our Client, DLS Ground Maintenance, Inc., please find enclosed the following
information required to process the transfer of ownership for the subject mine:
• One (1) original and one (1) copy of the Match 15, 2022 letter from Davy Lee Simmons,
President of DLS Ground Maintenance, Inc. requesting transfer and accepting all
responsibilities and liabilities with respect to the Mining Act of 1971;
• One (1) original and one (1) copy of the first three pages of the mining permit application;
• A Set of the Mining Maps;
• One (1) original and one (1) copy of the Land Entry Agreement (page 19 of the application);
• One (1) original and one (1) copy of the March 15, 2022 transfer letter from existing
pemrittee John D. Ward;
• Copy of Deed reflecting transfer (Deed Book: 04775, Page: 1051);
• NC Secretary of State Corporation Information for DLS Ground Maintenance, Inc.
• One original NC Division of Land Quality Section Bond and required Power of Attorney in
the amount of $9,000.00;
• Copy of the January 18, 2022 email from DWQ acknowledging the Bond Estimate;
• Copy of the Mining Permit Transfer Checklist; and
• Check #3582 in the amount of $100 to cover the required processing fee.
Also, please find enclosed a copy of the March 15, 2022 NCG Annual Stormwater Renewal
Submittal that our client provided which would allow the NCG permit to remain in force while he
was in the process of transferring ownership.
4918 MAIN STREET • POST OFFICE BOX 2469 • SHALLOTTE, NORTH CAROLINA 28459 • TEL: 910-754-8029 • Fax: 910-754-8049
FIRM LICENSE NUMBER: G4785
Mr. Adam Pan
DLS Mine 2
April 8, 2022
Should you have any questions or require additional information, please contact me at
sbabson(2eces.biz or our office at your convenience.
Sincerely,
Sabrina Bennett Babson
Engineering Assistant
PC: Davy Lee Simmons, DLS Mine w/attachments
File: 0837 (DLS Mine —formerly John Ward Mine)
4918 MAIN STREET • POST OFFICE BOX 2469 • SHALLOTTE, NORTH CAROLINA 28459 • TEL: 910-754-8029 • Fax: 910-754-8049
FIRM LICENSE NUMBER: C-4785
MINING PERMIT TRANSFER CHECKLIST
As set forth in G.S. 74-51 of the Mining Act of 1971, a valid mining permit may be transferred from one
party to another, provided that the following actions have been completed:
One (1) original and one (1) copy of the following are required:
G 1) The proposed new permittee must request in writing that the existing permit be transferred and
clearly state the new operator's name (company or individual). The proposed new permittee
must also indicate that he accepts any and all responsibilities and liabilities with respect to the
Mining Act of 1971.
2) The proposed new permittee must complete the first 3 pages of the mining permit application
form. Please be reminded that only the entire (existing) permitted area can be transferred. The
Act does not allow transfer of part of the permitted area.
3) Both the landowner of the land covered by the permit and the new proposed permittee must
sign the Land Entry Agreement contained in the mining permit application form.
4) An updated mine map must be submitted for the site clearly indicating the items listed under
Section B - Maps of the mining permit application form.
_5) A letter from the existing permittee must be submitted requesting that the mining permit be
transferred to the proposed new permittee. The existing mine name and permit number must
be identified in the letter.
The original of the following documents are required:
6) A non-refundable $100.00 processing fee must be submitted before the transfer request can be
processed. The check must be made out to the Department of Environmental Quality.
7) An acceptable security (performance/reclamation bond) must be submitted by the new
permittee to replace the existing bond. Therefore, page 14 of the application form (the bond
calculation worksheet) must be completed in order to validate the appropriate bond amount.
The new security/bond must be in the same name as the proposed new permittee. In the event
the new permittee already has a bond (blanket bond) in full force and effect sufficient to cover
the new site, this step will not be necessary.
After all of the above information has been received and deemed complete, the transfer of the permit will
be finalized. The old permittee will be notified by letter of the effective date of the permit transfer, and, if
applicable, the existing bond will be returned. The new permittee will be sent similar notification along with
a copy of the transferred mining permit. Please note that until the permit has been transferred to the new
permittee, the existing permittee will be held responsible for maintaining compliance with the mining
permit conditions
For more information, contact the DEMLR Regional Office servicing your area, the Central Office at (919)
707-9220 or at https://deg.nc.gov/abouUdivisions/energy-mineral-land-resources/energy-mineral-land-
perm its/mini ng-prop ram.
Revised October 2020
March 15, 2022
Mr. Adam Parr, Asst. State Mining Specialist
NCDENR - Division of Energy, Mineral and Land Resources
Land Quality Section
1612 Mail Service Center
Raleigh, North Carolina 27699-1512
Subject: John Ward (10-84)
Brunswick County, North Carolina
Mine Transfer Request
Dear Mr. Parr:
I, Davy Lee Simmons, request that Mine Permit # 10-84 for John Ward Mine be
transferred into the name of DLS Ground Maintenance, Inc. I will also be listed as
Mine Manager/Operator. The mine is previously permitted in the name of Mr.
John Ward with the last renewal in September 2021. We request the mine name
be changed to DLS Mine.
Therefore, I accept any and all responsibilities and liabilities with respect to the
Mining Act of 1971.
Sincerely,
Davy Lee Simmons, President
DLS Ground Maintenance, Inc.
To Whom It May Concern,
I, John D. Ward, current owner of John Ward Mine, located off Newman Smith Road NW, Ash,
North Carolina hereby request that mining permit #10-84 be transferred to Davy Lee Simmons -
DLS Ground Maintenance, Inc.
Date
I, Sabrina B. Babson, acknowledge that John D. Ward, executed said document before me this
the 8th day of April, 2022.
pB
TARY %
Sabrina B. Babson
cmi ►••�
Commission: October 27, 2023
UBLt���,
NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh, INC 27699-1612
Division of Energy, Mineral, and Land Resources (919) 707-9220
't
NOTE: It is recommended that you contact the appropriate Regional Office or the Raleigh Central Office for a PRE -
APPLICATION MEETING to discuss your intentions and address any questions.
1. Name of Mine
DLS MINE
County
BRUNSWICK River Basin
LUMBER
Latitude (decimal degrees to four
places)
34.0 42.7
Longitude (decimal degrees to four
places)
78.29 29.7
2. Name of Applicant
DLS Ground Maintenance, Inc.
Applicant Contact
DAVYLEESIMMONS Consultant Contact
EAST COAST ENGINEERING, PC
Applicant Email
dlsgroundmaintenance@yahoo.com Consultant Email
SBABSON@ECES.BIZ
Telephone
910-840-5255 Telephone
910-754-8029
Cell Phone
Cell Phone
3 Permanent Address for Receipt of
Official Mail"
14014 James B. White Hwy. South
Tabor City, North Carolina 28463
4. Mine Office Address
NEWMAN SMITH ROAD NW
ASH, NORTH CAROLINA
28420
5. Mine Manager
DAVY LEE SIMMONS
Mine Manager Email
dlsgroundmaintenance@yahoo.com
Telephone
910-840-5255 Cell Phone
I certify that all details contained in this permit application are true and correct to the best of our knowledge. We
fully understand that any willful misrepresentation of facts will be cause for permit revocation.
Signature"'YG��� -L„„, Date 3-3l-z2
Print Name Davy �mmons - DLS Ground Maintenance, Inc.
Title President (MINE MANAGER/OPERATOR)
"This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that
corresponds to this site.
"The Division of Energy, Mineral, and Land Resources must be notified of any changes in the permanent address or telephone number.
"'Signature of company officer required.
G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete
application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information
required by the Department. All questions must be addressed, and all required maps provided before this application can
be considered complete. Attach additional sheets as needed.
Revised September 21, 2021 P a g e) 1
NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612
Division of Energy, Mineral, and Land Resources (919) 707-9220
NOTE: All 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 the following that apply:
F-1 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 the new permit fee will be based upon.)
Of this acreage, how much is owned and how much is [eased?
Acres owned:
Acres leased:
Property owner if leased:
F-1 This is an application for a MODIFICATION to a mining permit.
Mining Permit Number:
FX-1
Total permitted acreage:
Does the modification involve acreage within the previously approved permitted boundary?
FIYES F ]NO
If yes, indicate the acreage to be covered by this modification
Does the modification involve acreage outside the previously approved permitted boundary?
FIYES FINO
If yes, indicate the additional acreage to be covered by this modification
NOTE: You must complete all of Section F of this application form entitled Notification of Adjoining
Landowners
Of the acreage to be added to the permit, will any portion be affected (i.e.: disturbed, ground cover
removed by the mining operation?
YES FINO
If yes, indicate the acreage to be affected within the acreage to be added to the permit
The modification fee is based upon the proposed new affected acreage within the previously
approved permitted boundary plus the proposed total acreage to be added outside the previously
approved permitted boundary.
This is an application for TRANSFER of a mining permit.
Mining Permit Number: 10-84 Total permitted acreage: 11.50
Revised September 21, 2021 Page 12
NORTH CAROLINA MINING State of North Carolina
PERMIT APPLICATION Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
(919) 707-9220
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:
APPLICATION TYPE
0 — 25 ACRES
26+ ACRES
New Permit Applications
$3,750.00
$5,000.00
Permit Modifications
$750.00
$1,000.00
Permit Transfers
$100.00
$100.00
Annual Operating Fee
$400.00
$400.00
Acres for new permits means the total acreage at the site to be covered by the permit. Acres for modification of permits means the
new affected acres within the previously approved permitted boundary plus the proposed total acreage to be added outside the
previously approved permitted boundary.
2. Name of all materials mined: SAND
3. Mining Method:
❑ Hydraulic Dredge
Dragline & Truck
Other (please explain):
X❑ Front-end Loader & Truck QShovel & Truck
❑ Self -loading Scraper Excavator & Truck
4. Expected maximum depth of mine (feet) 32
5.
Depth is relative to what benchmark? (e.g., natural ground level, mean seal level, road elevation, etc.) :
NAVD88 (MEAN SEA LEVEL)
Expected average depth of mine (feet) 32
Has an area at this site been mined in the past?
YES X NO
If yes, when and by whom was this activity conducted? 2010 BY PRIOR OWNER
6. Estimated life of the operation (years): 10
NOTE: The Department may request clarification on how life of mine was calculated.
Revised September 21, 2021 P a g e( 3
NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612
Division of Energy, Mineral, and Land Resources (919) 707-9220
G. LAND ENTRY AGREEMENT
We hereby grant to the Department or its appointed representatives the dght 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:
APPLICANT:
Signature
Signature*
OlLus9.>Lcc
!k.
X Ss.�-.-YP
Print Name
Sandra Faulk Simmons
Print Name
DAVEY SIMMONS
Title (if applicable)
OWNER
Title
MINE MANAGER
Company (if applicable)
Company
DLS CONSTRUCTION, INC.
Address
150 Vinegar Loop Road
Mine Name
DLS Mine
Tabor City, North Carolina 28463
Telephone
g 10-840-5255
Telephone
Date Signed
910--(ps��-?o91�
27—
Date Signed
a-,5l-aoaa
*Signature must be the same as the individual who signed Page 1 of this application.
One original and five (5) copies of the completed application, six (6) copies of all location maps, mine maps and
reclamation maps, and the appropriate processing fee 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.
Inquires regarding the status of the review of this application should be directed to the Mining Program staff at (919) 707-9220.
Revised September 21, 2021 Page 119