HomeMy WebLinkAbout20220502_ApplicationMKE Environmental
3620 Cattail Lane
Greenville, N.C. 27858
April 30, 2022
Mr. Adam Parr
Assistant State Mining Engineer
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
RE: E. R. Lewis Construction Co., Inc.
Proposed Hill Pit
Lenoir County
Dear Mr. Parr,
On behalf of E. R. Lewis Construction Co., Inc., enclosed is an application package for a
proposed mine site located off of Tick Bite Road approximately 1.1 miles south of Grifton, NC.
The proposed permitted area is 47.86 acres and is on a tract of land owned by E.R. Lewis
Construction Co., Inc. There are two 100' Duke Energy Progress easements on the property. A
30' buffer is proposed adjacent to the easements.
Six copies of the N.C. Mining Permit Application, six copies of the mine map and a check for
$5,000.00 is enclosed. All adjoining property owners have been properly notified along with
the Lenoir County Manager, Duke Energy Progress, and the N.C. Department of Transportation.
If you have any questions or need additional information, do not hesitate to contact me at
(252) 258-4037.
Sincerely,
Marc K. Edwards
Cc: Charles Lewis, E. R. Lewis Construction Co., Inc.
Enclosures: Mining Application (#6)
Mine maps (#6)
0
Hill Pit
WGS84
UTM Zone 18S
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oo
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Site'
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oval
74
0.1 0.2 0.3 0.4 0.5
0.6 0.7 0.8 0.9km
0.4 0.5 mi
MN
-9.90
1
m
0.1 0.2 0.3
Scale 1:8043 1 inch
= 670 feet
2%
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: 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
Hill Pit
County
Lenoir River Basin
Neuse
Latitude (decimal degrees to four
places)
35.3588
Longitude (decimal degrees to four
places)
-77.4407
2. Name of Applicant
E. R. Lewis Construction Co., Inc.
Applicant Contact
Charles E. Lewis Consultant Contact
Marc K. Edwards
Applicant Email
clewis@erlewisconstruction.com Consultant Email
mkedrafting@gmail.com
Telephone
252-321-1101 Telephone
Cell Phone
252-714-1359 Cell Phone
252-258-4037
3 Permanent Address for Receipt of
Official Mail"
100 E. Arlington Blvd.
Greenville, NC 27858
4. Mine Office Address
100 E. Arlington Blvd.
Greenville, NC 27858
5. Mine Manager
Charles E. Lewis
Mine Manager Email
clewis@erlewisconstruction.com
Telephone
252-321-1101 Cell Phone
252-714-1359
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'
Print Name
Title
Charles Lewis
Chief Financial Officer
Date
'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 F I 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:
u
a
This is an application for a NEW permit.
Indicate the total acreage at the site to be covered by the permit 47.86
(This is the acreage the new permit fee will be based upon.)
Of this acreage, how much is owned and how much is leased?
Acres owned: 0.00 Acres leased: 47.86
Property owner if leased: Michael Hill
This is an application for a MODIFICATION to a mining permit.
Mining Permit Number:
Total permitted acreage:
Does the modification involve acreage within the previously approved permitted boundary?
YES F-1NO
If yes, indicate the acreage to be covered by this modification
Does the modification involve acreage outside the previously approved permitted boundary?
YES F ]NO
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 ❑ NO
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: Total permitted acreage:
Revised September 21, 2021 P a g e 12
NORTH CAROLINA MINING
PERMIT APPLICATION
State of North Carolina
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):
❑ Front-end Loader & Truck Shovel & Truck
❑ Self -loading Scraper ZExcavator & Truck
4. Expected maximum depth of mine (feet) 15
Depth is relative to what benchmark? (e.g., natural ground level, mean seal level, road elevation, etc.)
Natural ground level
Expected average depth of mine (feet) 122
5. Has any area at this site been mined in the past?
YES NO F
If yes, when and by whom was this activity conducted?
6. Estimated life of the operation (years): 5
NOTE: The Department may request clarification on how life of mine was calculated.
Revised September 21, 2021 P a g F 13
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
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 512 N. Salisbury St., 5th Floor
Raleigh, NC 27699-1612 Raleigh, NC 27604
Http://Portal.ncdenr.org/web/Ir/geological home (919) 733-2423
County highway maps may be obtained from the N.C. Department of Transportation:
Mailing Address
NCDOT GIS Unit
1587 Mail Service Center
Raleigh, NC 27699-1587
http://www.ncdot.rq/iVqis
Physical Address
NCDOT GIS Unit
3401 Carl Sandburg Court
Raleigh, NC 27610
(919) 212-6000
2. A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds,
stockpiles, waste piles, processing areas/haul roads, mine excavations and any other major aspect of the mining
operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the
following will be acceptable:
AFFECTED ACREAGE TABLE:
For new permits, complete only the total affected acreage column.
For modifications, complete all columns.
CATEGORY
CURRENT AFFECTED
ACREAGE
PROPOSED CHANGE TO
AFFECTED ACREAGE
TOTAL AFFECTED
ACREAGE
Tailings/Sediment Ponds
Stockpiles
0.10
Waste piles
Processing Areas/Haul Roads
1.45
Mine Excavations
24.40
Other (Please explain)
3.80
Total Affected Acreage
29.75
Total Permitted Acreage
47.86
Revised September 21, 2021 P a g e 14
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
3. 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 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 with geographic controls (e.g. metes and bounds, coordinates) labeled
c) Initial and ultimate limits of clearing and grading
d) Outline and width of all buffer zones (both undisturbed and unexcavated)
e) Outline and acreage of all pits/excavations
f) Outline and acreage of all stockpile areas
g) Outline and acreage of all temporary and/or permanent overburden disposal areas
h) Location and acreage of all processing plants (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) Outline 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.
p) Names of owners of record, both public and private, of all tracts of land that are adjoining the mining 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 mining 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) Applicant name 5) Scale
2) Mine name 6) Symbols used and corresponding names
3) North arrow 7) Date prepared and revised
4) County 8) Name and title of person preparing map
Map scales should meet the following guidelines:
PERMITTED ACREAGE
MAP SCALE
0 — 49 acres
1" = 50'
50 —199 acres
1" =100'
200+ acres
1" = 200'
NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items.
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 (italicized questions/statements) in this application form. This
application will not be considered complete without all relevant items being adequately addressed on the mine
maps.
Revised September 21, 2021
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
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.
A gravel construction entrance will be installed. A gate will be installed. A silt
fence will be installed as shown and detailed on the mine map. A 4' berm will be
installed adjacent to the road and behind the neighboring residences. Mining
will start on the west side and move in an easterly direction after the silt fence
and berm have been established.
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.
A gravel construction entrance will be installed as shown on the mine map. A
typical detail of the measure is shown on the map. A silt fence will be installed
as shown and detailed on the mine map. A 4' berm will be installed adjacent to
the road and behind the neighboring residences as indicated on the mine map.
Site will drain internally.
3. A) Will the operation involve washing the material mined, recycling process water, or other wastewater handling?
YES FX
If yes, briefly describe all such processes including any chemicals to be used.
B) Will the operation involve discharging fresh or wastewater from the mine or plant as a point discharge to the waters
of the State? FIYES FX
If yes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of
stabilization) on the mine map(s).
Revised September 21, 2021 P a g e 16
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
C) Will any part of the proposed mine excavation(s) extend below the water table?
FIYES NO
If yes, do you intend to dewater the excavation(s)?
YES � NO
Estimated withdrawal rate in gallons per day:
If yes, what impact, if any, will mine dewatering have on neighboring wells? Locate all existing wells on the mine
map(s) that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or statement
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.
NVI
D) If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the
appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Stormwater 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.
M1
4. A) Will the operation involve crushing or any other air contaminant emissions?
YES z NO
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.
N/A
B) How will dust from stockpiles, haul roads, etc., be controlled?
A water truck or water wagon will be used to control dust if necessary.
Revised September 21, 2021
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
5. 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 combination of a 30' unexcavated buffer and a 50' undisturbed buffer will be
maintained around the perimeter of the proposed excavation area. An additional
30' buffer will be maintained on both sides of the 100' easements for the Duke
Energy Progress transmission lines. See mine map.
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).
A 50' undisturbed buffer will be maintained adjacent to the ditch on the south
side of the site and adjacent to the woods line (that is next to Eagle Swamp) on
the north side of the site.
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 slopes will be: 3 horizontal to 1 vertical or flatter slope from the edge of the
unexcavated buffer zone to the water line and 2 horizontal to 1 vertical slope
below the water line.
B) Provide a cross-section on the mine map(s) for all fill slopes (berms, waste piles, 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.
Revised September 21, 2021 P a g e 18
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
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).
A 3 horizontal to 1 vertical or flatter angle will be provided to the water line and 2
horizontal to 1 vertical below the water line. See detail on mine 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 benches and mine benches, and the
expected maximum depth of the excavation.
N/A
7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling, house,
public road, or 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.
An adequate unexcavated buffer zone will be maintained.
A 4' berm will be installed behind neighboring residences as indicated on the mine map.
The site is naturally screened by existing woods on the north, west, and southeast sides.
No explosives will be used.
A gate will be installed on the haul road. See mine map.
All structures within 300' are shown on the mine map.
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).
N/A
9. Are acid producing minerals or soils present?
YES ❑X NO
If yes, how will acid water pollution from the excavation, stockpiles, and waste areas be controlled?
Revised September 21, 2021 P a g e 19
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
10. A) Describe specific plans (including a schedule of implementation) for screening the operation from public view such
as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all
visual screening on the mine map(s) and provide cross -sections through all proposed berms or proposed spacing,
sizes and species for tree plantings.
A 4' berm will be installed adjacent to the road and behind the neighboring
residences.
The site is naturally screened by existing woods on the north, west, and southeast
sides.
There is an existing mine permit on the neighboring property to the south with
similar screening.
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?
N/A
11. Will explosives be used?
YES ❑X NO
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
If yes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the
location(s) of all storage facilities on the mine map(s).
Revised September 21, 2021 Page 110
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
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, of any 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 proposed excavation area is to be reclaimed as a lake and all adjacent
disturbed areas will be properly revegetated. Any remaining berms and stock
piles will be removed. The side slopes to the lake shall be graded to an angle of
3 horizontal to 1 vertical or flatter and 2 horizontal to 1 vertical below the water
line. A minimum 4' average water depth will be maintained in the lake. The haul
road entrance will remain to access the property. A cross-section of the bank of
the excavation is shown on the mine map.
2. Is an excavated or impounded body of water to be left as part of the reclamation?
YES F ]NO
If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-section(s)
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 shallower water body will be productive and
beneficial at this site.
Will the body(s) of water be stocked with fish?
YES FX
If yes, specify species.
3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what
kind 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 map.
N/A
Revised September 21, 2021 Page 111
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
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.
N/A
5. A) Describe reclamation of processing facilities, stockpile areas, and on -site roadways.
No facilities are proposed.
Stockpiles will be temporary in nature and will be within the proposed excavation
area.
Any berms will be removed.
The haul road entrance will remain to access the farm.
B) Will any on -site roadways be left as part of the reclamation?
YES FX
If yes, identify such roadways on the reclamation map and provide details on permanent road and ditch line
stabilization.
Only the entrance will remain.
6. 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.
Any waste generated by this mining operation will be removed and properly
disposed of at a permitted site.
Revised September 21, 2021 Page 112
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
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): 2000 Ibs/acre or follow recommendations from a soil test.
Fertilizer Analysis and Rate of Application (Ibs/acre): 1000 Ibs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test.
Seed type(s) and rate(s) of application included year-round seeding schedule (Ibs/acre):
NOTE: Include legumes
SEED TYPES
SEEDING DATES
SEEDING RATES
Kobe Lespedeza
February15 —April 1
10
Bahiagrass
February15 — April 1
50
Winter rye (grain)
February15 — April 1
15
Common Bermuda
April 1 — July 31
50
Lespedeza (unscarified)
August 1 — October 25
30
German millet
August 1 — October 25
40
Rye (grain -temporary)
October 25 — February 15
120
Mulch Type, Rate of Application (Ibs/acre), and Method of Anchoring:
All seeded areas shall be mulched using small grain straw at a rate of 2000
Ibs/acre and anchored appropriately.
Other Vegetative Cover(s) Type(s) and Rate(s) of Application Including Seeding Schedule (Ibs/acre, trees/
acre, spacing of trees/shrubs, etc.):
Revegetation and/or reforestation plan approved by:
Signature
Print Name
Title
Agency
Marc K. Edwards
Owner
MIKE Environmental
Date
Revised September 21, 2021 P a g e 1 13
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
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 permit. Please insert the approximate acreage, for each aspect of the mining operation, that you intend to affect
during the life of this mining permit (in addition, please insert the appropriate reclamation cost/acre for each category from the
Schedule of Reclamation Costs provided with this application form) OR you can defer to the Department to calculate vour bond
for you based upon your maps and standard reclamation costs.
CATEGORY AFFECTED
ACREAGE
Tailings/Sediment Ponds
Stockpiles
0.10
Waste Piles
Processing Area/Haul Roads
1.45
Mine Excavation
24.40
Other
3.80
TOTAL AFFECTED AC.:
29.75
TOTAL PERMITTED AC.:
47.86
RECLAMATION
COST/ACRE
Ac.
X
$
Ac.
X
$
1,800
Ac.
X
$
Ac.
X
$
1,800
Ac.
X
$
500
Ac.
X
$
1,800
Ac.
Ac.
RECLAMATION
COST
/Ac.
= $ 0.00
/Ac.
= $ 180.00
/Ac.
= $ 0.00
/Ac.
= $ 2,610.00
/Ac.
= $ 12,200.00
/Ac.
= $ 6,840.00
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 29.75 Ac.
b) Positive Drainage Ac. X $1,500.00 = $ 0.00
SUBTOTAL COST: $ 21,830.00
Inflation Factor:
SUBTOTAL COST LIFE OF MINING OPERATION OR LIFE INFLATION COST
OF LEASE (YEARS)
0.02 X $ 21, 830.00 X 5 = $ 2,183.00
Total Reclamation Bond Cost:
TOTAL RECLAMATION BOND COST = SUBTOTAL + INFLATION = $24,000.00
Round down to the nearest $100.00
NOTE: The reclamation bond cannot exceed $1 million per GS 74-54
Revised September 21, 2021 Page 114
NORTH CAROLINA MINING
PERMIT APPLICATION
State of North Carolina
Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
SCHEDULE OF RECLAMATION COSTS
Based upon range of $500 - $5,000 per affected acre
40] i4 I Ji I s] 1] 1 WYd1] a] *5
1612 Mail Service Center
Raleigh, NC 27699-1612
(919)707-9220
SG
Sand and/or Gravel
DS
Dimension Stone
PF
Pyrophyllite
CL
Clay/Shale
GS
Gemstone
FS
Feldspar
OL
Olivine
PE
Peat
Borrow
Borrow/fill dirt
MI
Mica
KY
Kyanite/Sillimanite/Andalusite
AU
Gold
CS
Crushed Stone
LI
Lithium
PH
Phosphate
TI
Titanium
OT
Other
TYPE
T/S PONDS
STOCKPILES
WASTE PILES
P. AREA/H.R.
MINE EXCAVATION
$500/ac. (L)
$5001ac. (L)
SG, GS, Borrow
$18001ac.
$20001ac.
$18001ac.
1500 (FI)
2000 (PD)
CS, DS, FS, MI, LI,
500 (L)
1800
2000
2000
500 (L)
PF, OL, KY
1500 (FI)
2500 (PD)
1000 (L)
2000 (L)
PH
2500
5000
5000
2500(FI)
5000 (PD)
1000 (L)
2000 (L)
CL
2500
5000
5000
2500 (FI)
3700 (PD)
1000(L)
2000 (L)
PE, AU, TI, OT
2500
3000
3500
2500 (FI)
5000 (PD)
(L) = Reclamation to a lake and revegetating side slopes
(FI) = Reclamation by filling in and revegetating
(PD) = Reclamation by grading for positive drainage & revegetating
AS PER NCAC 15A 5B.0003, 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.
Revised September 21, 2021 P a g e 115
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
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 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) as indicated on
the mine map(s); and
(3) all owners of record, both public and private, of all tracts of land that are adjoining the mining 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, 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.
NOTES:
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(b1).
SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION"
Revised September 21, 2021 P a g e 116
NORTH CAROLINA MINING State of North Carolina
PERMIT APPLICATION Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
NOTICE
Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that
E. R. Lewis Construction Co., Inc- has applied on
(Applicant Name)
04/30/2022
(Date)
1612 Mail Service Center
Raleigh, NC 27699-1612
(919)707-9220
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
miles south of
(Direction)
in Lenoir
Sand on 47.86
(Mineral, Ore)
Grifton
(Nearest town)
County.
(Number)
acres located 1.10
(Number)
off/near road Tick Bite Road (NCSR 1800)
(Number, Name)
*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 thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department
determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-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 the specifics of the proposed mining activity, please contact the
applicant at the following telephone number: 252-321-1101
For information on the mining permit application review process, please contact the Mining Program staff at (919) 707-9220. Please note that
the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the
application review process until a final decision is made on the application.
Michael James, Cnty Mgr, PO Box 3289, Kinston, NC 28502 Charles Lewis, E.R. Lewis Construction Co.,lnc.
Addressee/Owner of Record's Name and Address Name of Applicant. Include Contact Person & Company Name, if Applicable
04/30/2022
Date of Issuance of this Notice/Mailed to Addressee/Owner of Record
100 E. Arlington Blvd., Greenville, NC 27858
Address of Applicant
Revised September 21, 2021 P a g e 117
NORTH CAROLINA MINING State of North Carolina
PERMIT APPLICATION Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
AFFIDAVIT OF NOTIFICATION
1612 Mail Service Center
Raleigh, NC 27699-1612
(919)707-9220
Marc K. Edwards , 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
ROBBY TAYLOR, Dist. Eng. NCDOT
209 SOUTH GLENBURNIE ROAD, NEW BERN, 28560
MOYNIHAN IAN
4331 TICK BITE RD, GRIFTON, NC 28530
ROACH DERWIN
4317 TICK BITE RD, GRIFTON, NC 28530
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:
Michael James, County Manager
Chief Administrative Officer Name
(i.e.: City Manager, County Manager, Mayor, etc.)
PO Box 3289, Kinston, NC 28502
Address
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 mine
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(b1) and 15A NCAC 56.0004(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.
Signature of Applicant or Agent
Date
If person executing Affidavit is an agent or employee of an applicant, provide the following information:
Name of Applicant
E. R. Lewis Construction Co., Inc.
Title of person executing Affidavit Marc K. Edwards, agent
I, , a Notary Public of the County of ,
State of North Carolina, do hereby certify that appeared before me this
day and under oath acknowledged that the above Affidavit was made by him/her.
Witness my hand and notarial seal, this day of 20.
Notary:
My commission expires:
Revised September 21, 2021 Page 118
NORTH CAROLINA MINING State of North Carolina
PERMIT APPLICATION Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
ADDITIONAL AFFIDAVIT OF NOTIFICATION
1612 Mail Service Center
Raleigh, NC 27699-1612
(919) 707-9220
Adjoining Landowner Name
Address
DUKE ENERGY PROGRESS
P.O. BOX 1771 RALEIGH, NC 27602
WEST CORA HEIRS
3743 MATTHEW AVE, GRIFTON, NC 28530
HUGHES CHARLES W III
4675 BEN DAIL RD, LAGRANGE, NC 28551
TEW LYNN T
1477 BLAND HOWELL RD, KINSTON, NC 28504
MARSHALL PAULINE
704 FITZGERALD DRIVE, KINSTON, NC 28504
CHAPMAN ROBERT LEE FAMILY
2204 TANGLEWOOD DR, KINSTON, NC 28504
CHAPMAN WILLIE
100 66 210TH STREET, QUEEN VILLAGE, NY 11429
MCCOY ARLEEN BLOUNT ETALS
1884 WILL CUNNINGHAM RD, DEEP RUN, NC 28525
CSX Corporate Headquarters
500 WATER STREET, 15th Floor, JACKSONVILLE, FL 32202
HOUSTON MICHAEL
5401 ARBOR COURT, GRIFTON, NC 28530
SITTERSON CARTER TRUSTEE
PO BOX 1399, KINSTON, NC 28503
MICHAEL HILL
3084 HUGO ROAD, HOOKERTON, NC 28538
Revised September 21, 2021 P a g 6 1 Additional Landowners
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 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:
APPLICANT:
Signature
Signature*
Print Name
Charles Lewis
Print Name
Title (if applicable)
Chief Financial Officer
Title
Company (if applicable)
E. R. Lewis Construction Co., Inc.
Company
Address
PO Box 565
Mine Name
Telephone
Date Signed
Greenville, NC 27835
252-321-1101
Charles Lewis
Chief Financial Officer
E. R. Lewis Construction Co., Inc.
Hill Pit
Telephone 252-321-1101
Date Signed
*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.
Inquiries 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