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HomeMy WebLinkAbout10-85_1_RedactedGRUNaw" COPXG OF THIS MAP ARE AVAILABLE TO THE PUBLIC AT A NOMINAL COST. ADDRESS, ~ KC. DEPARTMENT OF TRANSPORTATION GEOGRAPHIC INFORMATION SYSTEMS y� �+ WI CARL. SMOBURa CT } ,f tttl77 RALIDGM, N.C. 27610 i :_m I Q� J C JI 4V 16 a Ira- � b .,/i � .♦ -.-• © ® •' ,� 91 JJJ � m va O ' 11 n s Tr m ZVIUA� ID DTTE INLE'► Y - 4 ` ~� ;q �N/" ++`, f� ��� ' I S et I r / � ✓ � C r I , m o g n ram a Ir n 04 Priq u ..: �; j ,' ] l . � �---_ r ,� �-x`''� � ! � � fig, r !� y,, •� ♦ if f' - p a♦♦ � ,�i ♦= a ..r ',i� tI i I 1 /� S' - t - r � _ YT, � ' f f � ' a_1 R 'r II I P or •r, r,- _ fir', ' +`' ,I ' 2t [ -0 r t ` , ` �G: - � ' ,♦ ' , f . , � I, • - � 5 N , � I C,�� � r 1 eM6tr1r .fp, % � f , , ♦ r �q�q p i ` t— � <. '�,�'" ,� � „A/ Y � /' r 1 ; 1'/ ,� + r ``y � !� � v„h , T _ ') . !`E..fi� � 1' � g d y CZ;y ...,HlyA710M' ` ; •. � l= ; ` � �u � i / / r I � . �,, 1 r P ! • 71Y"a- "'♦ ` _ .✓ r I. 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Subject: Enforcement Action and Fine against Hughes —Smith Road Pit #2, and fine. Mr. Vinson, Attached is enforcement package prepared by the Wilmington regional office against the Hughes -Smith Road Pit #2, permit number 10-85. I have reviewed the package and recommend that we seek civil penalties against the said operation, and revoke the facility's permit per G.S. 74-51 (e). Summary: the facility is actively mining beyond the permitted limits and into the wetlands on the southwest portion of the property. The site was originally discovered to be mining without a mining permit and discharging water from the mine into the wetlands. This was documented on April 25, 2012. In August 2012 a mining permit was issued. In August 2013 the mine was inspected and was found to be out of compliance as it has been for every consecutive inspection thereafter. In January 30, 2018, the facility was issued an NOD for not being in compliance with parts 1A, 4A, 4C, 4D, 5 and 9 of their permit, also mining beyond its mine boundary. A subsequent inspection that occurred on March 27, 2018, documented no change in the way the facility was operating. A NOV was issued on March 28, 2018, which the facility received April 5, 2018, by certified mail. The Army a Corps of Engineers is also aware of the ongoing activities at this facility and have issued a violation letter as of July 24, 2018. Willington staff last visited the site on October 12, 2018, and observed the Company was still mining in the wet land. Per G. S. 74 — 64 (c) and 15A NCAC05F.0107: In determining the amount of the penalty, the Department shall consider the degree and extent of harm caused by the violation, the cost of rectifying the damage, the amount of money the violator saved by the noncompliance, whether the violation was committed willfully, and the prior record of the violator in complying or failing to comply with this Article. And, 15A NCAC 05F.0107: CRITERIA FOR DETERMINING AMOUNT OF PENALTY In determining the amount of a civil penalty assessment, the director shall consider the following criteria insofar as they are appropriate to the violation: (1) nature of the violation; (2) degree and extent of the harm, including off -site damage; (3) duration of the violation; (4) cause of the violation; (5) cost of compliance and rectifying any harm or damage; (6) violator's previous record of compliance with the Mining Act, or any rules promulgated thereunder, or any mining permit issued to the violator; (7) staff investigative costs; and (8) effectiveness of any action taken by the operator. The review is as follows: (1) nature of the violation; the willful destruction of wetlands and the disregard of boundaries set in the mining permit, (2) degree and extent of the harm, including off -site damage; the site has mine approximately 3 acres and with additional disturbed 2.07 acres outside of the permitted area. These area estimates are based on a Google Map calculation. (3) duration of the violation; the record indicates that the facility mined without a permit for at least five months. After receiving a Mining Permit, it was out of compliance within a year. The facility has been out of compliance with their mining permit for over five years. (4) cause of the violation; a disregard for the requirements in the permit (5) cost of compliance and rectifying any harm or damage; a. Leveling the spoil piles. It is estimated there is approximately 1 acre worth the spoil piles that would have to be leveled out. Most likely they will be pushed into the pit. Based on the current rates that the Mining program are assessing for bonding: 0.5 acres * $2000/acer = $1000. b. Flooding the pit. No cast. c. Grading pit slopes: @ $2000/acre d. Vegetating: @$1,800/acre (6) violator's previous record of compliance with the Mining Act, or any rules promulgated thereunder, or any mining permit issued to the violator; the facility has been out of compliance since its discovery. (7) staff investigative costs: (8) effectiveness of any action taken by the operator. The operator appears to not be attempting to correct any of the violations other than getting a mining permit back in 2012. Estimated value of the resources that were removed: (1) Estimated area outside of permit boundary that was removed: 2.3 acres. This is a Google estimate. ,r (2) Depth of pit: 8 to 10 feet. This is an estimate supplied by Connor Musial, Environmental Specialist 1, and the inspector of the site. To be conservative 8 feet will be used in the volume calculation. (3) Sand in the Wilmington area goes for $5.00 a cubic yard. This information was supplied to Connor Musial by producers in the Wilmington Region. (4) Estimated value of the sand extracted = $5 * (2.3 avers * 43,560 ftZ/acres * 8 ft/ 27 ft3/yd3 _ $150,000 Based on the continuous nature of these violations I am recommending that the Department fine the facility $200 per day since the recite of the notice of violation by the Central Office. The mitigating reason for not assessing the maximum fine is this would be the first fine direct at the Company and the length of time it took the Division to move against the Company The firm should also be required to enter into a consent agreement to grade out the damages to the none permitted area within 90 day, and have the area vegetated with native plant species by September 1, 2019. As of December 7, 2018 this amount would be November 15, 2018, the Date the central office received Enforcement Action Request, is the 3191h day of the year. April 5, 2018 is the 95th day of the year. Number of days lapse = 319 - 95 = 224 days Maximum Fine = 224 days * $500 / day = $112,000. Recommended Fine = 224 days * $200 / day = $44, 800. ENFORCEMENT ACTION REQUEST FROM THE WILMINGTON REGIONAL OFFICE FOR VIOLATIONS OF THE NORTH CAROLINA MINING ACT Hughes -Smith Road Pit No. 2 (Permit 10-85) RECEIVED Mr. William E. Bellamy, Jr. .3 PO Box 2169 NOV 2018 Shallotte, NC 28459 LAND Ql1AUTY iV HNG PROGRAM November 9, 2018 Enclosed is an enforcement referral request for the William Bellamy pit on Hughes -Smith Road, Permit # 10-85. This is a site that has been continuously non -compliant during its nine-year Existence. Please note the previous referral -in 2012. All necessary information should be included in the package. Please let me know if anything is missing or if additional information is needed. Dan Sams Case Name: Case No.: LQM - County: 6rovx5LL—% crL GUIDELINES .FOR ASSESSING CIVIL PENALTIES FOR VIOLATIONS OF THE MINING ACT OF 1971 FOR PERMIT VIOLATIONS I. The following guidelines are to be used to assist the Director, Division of Land Resources, in determining the amounts of civil penalties to be assessed under the Mining Act in a fair and consistent. manner. II. The following guidelines should be applied in determining the amounts of civil penalties: A. Nature of Violation: Check the applicable violations of the Mining Act and Rules: Y 1. Mining pen -nit violations (list permit condition(s) violated): a. Operating Conditions: GIF" 1 a b. Reclamation Conditions: iuGN� B. Degree and Extent of the Harm Caused b. the he violation. 1. When was the violation discovered? MARcA Z z , Zbt a 2. When was the NOV received? A o R S, °. 3. Is the site still in violation? t Yes _ No As J' lb l?ZIZ018 4. a. Was there any off -site damage? )C Yes_ No. if Yes, describe type and severity of the damage, le -A t.r! F ! 1 zl /Zo1$ b. Is this damage continuing? Yes _ No. If Yes, describe. 1 CA ma Page 2 5. [[tile damage is off -site sedinientation, estimate the volume of the off -site sect imentation. (Clieck One) a. 1-9 Cubic Yards _ b. 10-99 _ C. 100-999 cl. 1000 or more 6. Degree of off -site damage. (Check One) �( a. Severe Damage - b. Moderate -Damage ---- c. Slight Damage d. None C. Prior Record of the Violator in Comply gorFailingto Comply With The Minin& 2c and Rules._ 1. Was this operator previously under a NOV for this site? Yes (Explain) _ No vkpr.( BO, Z009 Dilly 7)zz16 e—C ��-�,ra:IfI (c I ZOI2 2. a. Has this operator previorsly received NOV(s) for violations at other sites? Yes No b. 1f yes, what type violations (check all that apply and explain). 1. Mining without a permit _yC 2. Permit violations 3. Other See_ 'e.v�visSE�e.r-u-~ rq-t;RSf0I-1 CA 1na��k Z, 7. , 2b 1 Z 3. a. I-las this operator been subject to other prior enforcement actions? , Yes No b. If yes, to what kind of enforcement action has this operator been subject? (Check all that apply and explain) 1. Injunction _ 2. Civil Penalty 3. Bond Forfeiture A`T-r,►) S•rALLE—Z�. Page 3 4. Overall, does this operator have a good record of compliance with the Mining Act and Rules? (Check one and explain) Yes _y No Unknown. Ntdr c�. ZZ Zc 1 7— D. Whether the Violation Was Committed Willfully. 1. Does the violator have a prior record: See C above. 2. Did the violator have knowledge of the law and violate it anyway? ) Yes No 3. Are there any other factors which would make this violation willful or nott willful? �['j��._ � a �r� _ Cx��r�► r� � � T � v� •r�cv� - �� o�� t E c�,,� C�... E. Effectiveness of Any Action Taken by the Operator. 1. Were the corrective measures implemented as required by the NOV? _Yes )Q No _ Partially (explain) 2. Effectiveness of steps taken to correct violations: (Check One) a. No Steps b. Basically ineffective c. Mixed results d. Wholly effective F. Amount of Money the Violator Saved by His Noncompliance. 1. What costs were saved by the violator by this noncompliance, if known? Into{ �G U1nia� t'' 2. Ease or diflicuity of compliance with the Act. and Rules based on circumstances of site. (Check One) Page. 4 a. Difficult b. Average C. Elasy d. Unknown Cr. Cost of Rectifying the Damage. I . Has the damage been corrected? 2. If so, what was the cost, i f known, of correction? t'AA. k^t' LZ-tJ 3. If not, is it practical for the damage to be corrected? Yes H. Staff Irlvesti ative Costs. (Check One) a. Below Average b. Average c. Above Average Prepared by: La tJdt'` MJS a�, L Date: 1 7, / 'Zpt Reviewed by: D;hP a Et' Land Quality Section ZS Regional Engineer Date: It tat b Reviewed by: l_ State Mining Specialist Date: 1 P I %4 / '& I `t C. William E. Bellamy Jr. Hughes 5mith 42, 10-85 October 16, 2018 Chronology of Events since last Enforcement Package dated March 22, 2012 April 25, 2012 - Inspection by Brian Lambe: Bond not posted, no reclamation taken place, and dewatering pit into buffer. Continuing to mine. May 23, 2012 - Inspection by Brian Lambe: Bond not posted, no reclamation taken place, and dewatering pit into buffer. Continuing to mine. June 18, 2012 - Inspection by Brian Lambe: Bond not posted, no reclamation taken place, and dewatering pit into buffer. Continuing to mine. June 28, 2012 - Inspection by Brian Lambe: Bond not posted, no reclamation taken place, and dewatering pit into buffer. Continuing to mine. July 02, 2012 -- Inspection by Brian Lambe: Bond not posted, no reclamation taken place, and dewatering pit into buffer. Continuing to mine. July 16, 2012 - Inspection by Brian Lambe: Bond not posted, no reclamation taken place, and dewatering pit into buffer. Continuing to mine. July 23, 2012 - Inspection by Brian Lambe: Bond not posted, no reclamation taken place, and dewatering pit into buffer. Continuing to mine. August 2, 2012 - Inspection by Brian Lambe: Bond not posted, no reclamation taken place, and dewatering pit into buffer. Continuing to mine. August 6, 2012 - Inspection by Brian Lambe: Bond not posted, no reclamation taken place, and dewatering pit into buffer. Continuing to mine. August 16, 2012 - Mining permit Issued. 10-85 August 5, 2013 -- Inspection by Brian Lambe: Not in compliance with operating conditions 4A, 4B, 4C, 4D, 5, and 10A. Continuing to dewater in unapproved location with no stilling basins installed. August 19, 2013 - Inspection by Brian Lambe: Not in compliance with operating conditions 4A, 4B, 4C, 4D, 5, and 10A. Continuing to dewater in unapproved location with no stilling basins installed. August 21, 2013 - NOD issued, Received by Sherry Ward August 28,2013 September 30, 2013 - Inspection by Brian Lambe: Not in compliance with operating conditions 4A, 4B, 4C, 4D, 5, and 10A. Continuing to dewater in unapproved location with no stilling basins installed. October 16, 2013 - Inspection by David Cox: Not in compliance with operating conditions 4A, 4B, 4C, 4D, 5, and 10A. Continuing to dewater in unapproved location with no stilling basins installed. William E. Bellamy Jr. Hughes Smith 42, 10-85 October 16, 2018 December 9, 2013 - Inspection by David Cox: Not in compliance with operating conditions 4A, 4B, 4C, 4D, 5, and 10A. Continuing to dewater in unapproved location with no stilling basins installed. November 15, 2015 - Inspection by Jean Conway: Not in compliance with operating conditions 48, 5, and 10A. Continuing to dewater in unapproved location with no stilling basins installed. January 25, 2018 - Inspection by Creighton Brown: Not in compliance with operating conditions 1A, 4A, 4C, 4D, 5, and 9. Excavation beyond mine boundary. Dewatering offsite with sediment in effluent. January 30, 2018 - NOD issued, Received February 9, 2018 by Bill Bellamy March 22, 2018 - inspection by Connor Musial: Trentt James and Creighton Brown also on site. Not in compliance with operating conditions 4C, 4D, 5, 9, and 12. Pit outside of mine permit boundaries into wetlands. March 28, 2018 - NOV issued, Received April 5, 2018 May 15, 2018 - Inspection by Connor Musial; Not in compliance with operating conditions 4C, 41), 5, 9, and 12. Pit outside of mine permit boundaries into wetlands. Met on site with Chad Coburn regarding wetland impacts. June 10, 2018 - Meeting at USACE with Chad Coburn (DWR), Brad Shaver (USACE), Eric Reusch (USACE), Paul Farley (Land Management contractor), Phil Norris (Engineer for Mr, Bellamy, Bill Bellamy (permit holder) July 3, 2018 - Inspection by Connor Musial: Not in compliance with operating conditions QC, 4D, 5, 9, and 12. Pit outside of mine permit boundaries into wetlands. No reclamation effort July 10, 2018 - Met on site for site walk with Brad Shaver (USACE), Paul Farley (Land �• Management for Bill Bellamy), and Bill Beflamy (permit holder) July 24, 2018 - U.S. Army Corps of Engineers issued violation letter for wetland disturbance October 12, 2018 - Inspection by Connor Musial: Not in compliance with operating conditions aC, 4D, 5, 9, and 12. Pit outside of mine permit boundaries into wetlands. Further excavation into the unpermitted area observed. Memo regarding included maps Both maps were generated using ArcGIS to georeference the images so that they lined up accordingly. Google Earth imagery was dated November 15, 2017. Bellamy Mine with permit overlay — This shows the area of excavation and buffers as the site was permitted and the extent of excavation beyond those limits. Cross hatched area — Buffer zone Single hatched area — Permitted excavation area Dotted area — 404/401 wetland area Bellamy Mine with wetland disturbance overlay —This map shows the amount of wetland disturbed as surveyed by Norris and Ward Surveyors. Cross hatched area — Excavated area into wetlands Dotted area — Unaffected wetland area Al Tel e 490 : .I IA, Bellamy Mine with wetland disturbance overlay "'r r C C w.-P n iAr- c • '11- �r .. o Rli,, n ? -4.�L Q�,Ift�; - �q., ' f•. ai `4"a th y y,i -a.qy' .dtl P V4 'xv _ 'ice ^h-..�'!�•_i�..�.s».. .. it� �.1G.Try JET I 4 i� f e Fk..; A 9. �1, 4 0 xI tz Am T t 1 I ri y . Jfr t i i .. i i. r ..P A�l � � w M -it xAI, M.- r7 '14� 7-7 -7-77 T- ITT T I- r ` Jam" • * . �1� � P4�{ „�-`M'n�� _ 1 � rt . ..., y . r �..' �.�'i .. as r'. •!� Y. '..3GY�..���-IlY "�� � - i� - - 0416MEMN , � a ��, �� - ©�� NCDENR AUG North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and land Resources Land Quality Section Tracy E. Davis, PE, CPM Beverly Eaves Perdue, Govemor Director August 16, 2012 Dee Freeman, Secretary Mr. William E. Bellamy, Jr. Bill Bellamy and Sons, Inc. PO Box 2169 Shallotte, North Carolina 28459 Re: Hughes -Smith Road Pit No. 2 Brunswick County Lumber River Basin Dear Mr. Bellamy: The application for a mining permit for the above referenced mine site has been found to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As we have received the required security to cover this application, I am enclosing the mining permit. The conditions of Mining Permit No. 10-85 were based primarily upon information supplied in the application with conditions added as necessary"to insure compliance with The Mining Act of 1971. This permit expires on August 16, 2022. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an -incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage at this site is 10.39 acres and the amount of land you are approved to disturb is 7.15 acres. Pleasenote that Condition 4D requires that the level spreaders as shown on the revised mine map received by the Land Quality Section on July 16, 2009 and July 20, 2009 be installed immediately. Please review the permit and contact Judy Wehner, Assistant State Mining Specialist, at (919) 707-9220 of any objection or questions concerning the terms of the permit. Sincerely, J net S. Boyer, PE tate Mining Specialist nd Quality Section JSBIjw Enclosures cc: Mr. Dan Sams, PE Ms. Shannon Deaton -WRC, wlpermit Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures US Fish and Wildlife Service, w/ permit 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •"telephone 919-707.92201 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: httpalportal,ncdenr.orglweb/ir/land-quality An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Bill Bellamy and Sons Inc. Hughes -Smith Road Pit No. 2 Brunswick County - Permit No. 10-85 far the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: August 16, 2022 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable' bond or other security. In the event that the Department determines that the permittee or permittee`s successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until August 16, 2022. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission_ Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission, it shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N,C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B, Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. C. Mining activities shall occur as indicated on the revised mine map received by the Land Quality Section on July 16, 2009 and July 20, 2009 and the supplemental information received by the Land Quality Section on May 26, 2009, July 16 2009 and July 20, 2009. D. The level spreaders as shown on the revised mine map received by the Land Quality Section on July 16, 2009 and July 20, 2009 must be installed immediately. 5. All affected area boundaries (7.15 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which Page 4 may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares -whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 30 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. for the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor befits 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; Page 5 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $5,100,00 Assignment of Savings Account, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through 10D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates February 15- April 1 April 1- July 31 August 1- October 25 October 25- February 15 Soil Amendments Species Rate,_ Lbs/Acre Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 Common Bermuda 50 Lespedeza (unscarified) 30 German millet 40 Rye (grain- temporary) 120 Lime - 2000 Ibs/acre or follow recommendations from a soil test. Fertilizer- 1000 lbs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 lbslacre and anchored appropriately. Page 8 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit issued this 16th day of August, 2022. By: . Tracy E. Davis, Director Division Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application for a mining permit filed by Bill Bellamy and Sons, Inc. to conduct mining activities off SR 1322 (Hughes Smith Road) in Brunswick County. The mining permit (no. 10-85) was issued on August 16, 2012. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 15OB-23 of the Administrative Procedure Act (APA). If you believe that you'are an aggrieved party within the meaning of the APA, a petition for a contested case' must be filed in the Office of Administrative Hearings within sixty 60 day s of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 150B-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 431-3000. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Mr. William Cary, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. l I&AM J- :11'r cy E. Davis birector Wi ision of Energy, Mineral, and Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed one I Z 9i aL Brenda Harris Mining Program Secretary DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403.1343 July 24, 2018 Regulatory Division SAW-2018-00934 Mr. William E. Bellamy, Jr. Post Office Box 2169 Shallotte, North Carolina 28459 Dear Mr. Bellamy: This notice is in reference to activities conducted at Hughes -Smith Road Pit #2 Sand Mine along Hughes -Smith Road NW near Ashe, Brunswick County, North Carolina. Reference is also made to the Approved Jurisdictional Determination (AJD) that was completed for the subject property issued by this office on March 4, 2009 under action ID# 2007-00519. This AJD was used as part of the sand mine review process administered by the State of North Carolina Department of Environmental Quality. According to in provided by the State, minting permit # 10-85 was issued in 2009 based on a mining plan that completely avoided wetland impacts. During a site visit conducted at the above property on July 10, 2018, Mr. Brad Shaver of my staff observed mining activities within wetlands, outside the authorized mining permit boundary. Mr. Shaver confirmed the limits of the excavation and discharge of fill material into wetlands as surveyed by Norris and Ward Land Surveyors and depicted on the Wetland Map for William E. Bellamy dated May 16, 2018. The disturbance area totaled approximately 4.8 acres of wetlands. The impacted wetlands are part of a headwater wetland with drainage through a tributary of Little Ash Swamp, a tributary to the Waccamaw River, a Traditional Navigable Water, and are therefore subject to jurisdiction under Section 404 of the -Clean Water Act (33 USC § 1344). As no DA permit has been issued for the above activities in waters of the United States, they are considered a violation of Section 301 of the Clean Water Act (33 USC § 1311). In accordance with the regulations at 33 CFR 326.3, you are requested to submit the following information no later than 30 days from the date of this letter: 1. A plan to restore impacted wetland areas by grading to pre -construction elevations, and re -vegetating with native species, as appropriate. The plan should include the restoration methodology and a timeline for completing the work. Is) t� -2- 1. A completed after -the -fact permit application for the impacted wetlands where, restoration is not proposed. The application would need to include justification for the wetland impacts, steps taken to avoid and minimize the impacts, and a mitigation plan to compensate for the unavoidable loss of wetlands. You should be aware that in the event a permit is issued for this mine expansion, it would likely require compensatory mitigation from an approved wetland mitigation bank or in lieu -fee program. Failure to submit the requested information may result in referral to the Environmental Protection Agency or U.S. Attorney, which may result in civil or criminal penalties. Should you have questions, please contact Mr. Brad Shaver at the Wilmington Regulatory Field Office, telephone (910) 251-4611 or email brad.e.sshaver a usace.arniy.m il. FOR THE DISTRICT ENGINEER Eric Reusch Chief, Wilmington Field Office Regulatory Division Copies Furnished: Mr. Thomas G. Walker, U.S. Attorney Eastern District of North Carolina 310 New Bern Avenue Suite 800, Terry Sanford Federal Building & US Courthouse Raleigh, North Carolina 27601-1461 Mr. Chris Parker U.S. Environmental Protection Agency, Region 4 Atlanta Federal Center Wetlands Enforcement Section 61 Forsyth Street SAV. Atlanta, Georgia 30303 Mr. Chad Coburn NC Division of Water Resources Water Quality Regional Operations Section Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, North Carolina 28405 -3- Mr. Paul Farley Land Management Group Inc. 3805 Wrightsville Ave, Suite 15 Wilmington, North Carolina 28402 Mr. Connor Musial NCDEQ, Division of Energy, Mineral, and Land Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 . North. Carolina Department of Environment and Natural resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT �j PEPUNUTTED MLN-E SITE ❑ 1J1-PER_ IITTED MFti"E SITE 1. 1lHNTE NAME: Hughes -Smith Road Pit 42 2. MILNE LOCATION: Hu es -Smith Rd N-W 3. COUNTY: Brunswick 4. RIVER BASL\•: Lumber 5. CASE. 6, OPERATOR: William E. Bellamy Jr. Bill Bellamy and Sons. Inc. 7. ADDRESS: P.O. Box 2 i 69 Shallotte. NC 28459 S. MINING PEW IIT #: 10-85 ❑ NIA 9. PERNUT EXPIRATION DATE: N/A I.Q. PERSON(S) CONTACTED AT SITE: 11. PICTURES? N Yes ❑ No TAKEN BY: Di , ital Carnera 12. TYPE OF LNSPECTION: ❑ A. Initial Inspection (C;nperrnitted ?Mine Sites) 1. Size of affected land: ac. (attach sketch map) 2. How was this area measured? Measured by: _ ® B. Routine Inspection (Permitted Mine Sites) ❑ C. Follow-up Inspection 13. Date of last inspection: 7/03/2.018 14. Any mining since that date? N Yes ❑ No If yes, cite evidence of such mining activity: Excavating durinp, time of inspection, Pit larger 15. Was mine operating at time of inspection? ® Yes Lj No If yes, explain: Excavator Operating 16. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No ❑ N/A If no, explain: OC 4C: Mining_ activities shall occur as indicated on the revised mine map received by the Land Qq4IL Section on Ju_ 1y6, 2009. and .lulu 20, 2009. - OC 4D: The level spreaders as shown on the revised mine map received by the land Oua]ity_Section on July 16., 2009 and July 20, 2009 must be installed immediately. OC 5: All affected area boundaries_(7.15 acres) shall be permanently marked at the site on 100 ft. intervals. OC 9:_ Sufficient buffer (minimum 30 undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property OC 12: Theo erator shall notify the Department in writing of the desire to delete modify, or otherwise change an art of the mining, reclamation or erosion/sediment control plan contained in the approved application for a minin permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to_on-site _ implementation of the revisions 17. Is the mine in compliance with the Reclamation Conditions of the Pe'rmit? ® Yes ❑ No ❑ NIA If no, explain: 18. Is there any off -site damage? A. N Yes B. ❑ No C. ❑ None observed . If A, describe the.type and severity of the damage: Severe, Outside of mine boundaries into wetlands as well as into unpermitted upland areas. If B or C, is there potential for offsite damage? •❑ Yes N No Explain: 19. Corrective measures needed and/or taken: Submit modification or reclaim areas outside of mine boundary. Mine ennitted for 7.15 acres but a roximate] l2� acres have been disturbed. Demark All mine boundaries at 100ft intervals immediately. lnstall level spreaders immediately. Reestablish undisturbed buffer'. especially along eastern portion of project. Submit revisions and/or modifications to the mining permit for approval_ 20. Other recommendations and comments: 21. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) CR Not Reviewed ❑ NIA 2.016 ARR has not been received by this office, if you have not submitted please do so. 22. Follow-up inspection needed? N Yes ❑ No Proposed date November 2018 23. No. of additional pages of -Inspection Report 0 24. Copy of Report sent to operator j0/15/2018 IIISPECTED BY: Connor Musial CC DATE 10I12/2018 Telephone No: (910)796-7372 Copy to fiie Copy to operator Copy to Mining Specialist North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT ® PERMITTED MINE SITE ❑ UNPERMITTED MINE SITE 1. MINE NAME: Hutches -Smith Road Pit ##2 2. MINE LOCATION: Hu hes-Smith Rd NW 3. COUNTY: Brunswick 4. RIVER BASIN: Lumber S. CASE: 6. OPERATOR: William E. l3ellamv, Jr.. Bill Bellamy and Sons. Inc. 7. ADDRESS: P.O. Box 2169 Shallotte NIC 28459 8. MINIRG PERMIT #: I INIA 9. PERI UT EXPIRATION DATE: ❑ NIA 10. PERSON(S) CONTACTED AT SITE: Excavator Operator 11. PICTURES? ®Yes ❑ No TAKEN BY: Di itag_I Camera 12. TYPE OF INSPECTION: ❑ A. Initial Inspection ([;npermitted Mine Sites) 1. Size of affected land: ac. (attach sketch map) 2. How was this area measured? Meastired by: ® B. Routine Inspection (Permitted Mine Sites) ❑ C. Follow-up Inspection 13. Date of last inspection: 5/15/2018 14. Any mining since that date? 0 Yes ❑ No If yes, cite evidence of such mining activity: Excavating during time of inspection- Pit larger 1.5. Was mine operating at time of inspection? ® Yes7o No If yes, explain: Excavator Operating 16. Is the mine in compliance with the Operating Conditions of the Permit? F1 Yes ® No ❑ NIA If no, explain: OC 4C: Mining activities shall occur as indicated on the revised mine map received by the Land Quality Section on July 16, 2009, and July 20, 2009. OC 41): The level spreaders as shown on tlie_revised mine neap received by the land Qualijy Section on July 16, 2009 and July 20 2009 must be installed immediately- OC 5: All „affected area boundaries (7.15 acres) shall be permanently marked at the site on 100 ft. intervals. OC 9: Sufficient buffer (minimum 30 undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property OC 12: The operator shall notify the Department in writing of the desire to delete, modify, or otherwise change any part of the mining, _reclamation, or erosion/sediment control plan contained in the approved application for mining of the 17. Is the mine in compliance with the Reclamation Conditions of the Permit? N Yes ❑ No ❑ NIA If no, explain: 18. Is there any off -site damage? A. ® Yes B. ❑ No C. 0 None observed If A, describe the type and severity of the dama a Severe Outside of mine boundaries into wetlands If B or C, is there potential for offsite damage? In Yes Z No Explain: 19. Corrective measures needed and/or taken: Submit modification or reclaim areas outside of mine boundary. Mine permitted -for 7.15 acres, but approximately 12 acres have been disturbed. Dernark All mine boundaries at 100ft intervals- immediately_. Install level spreaders immediately.. Reestablish undisturbed buffer, especially along eastern portion of project. Submit revisions and/or modifications to the mining permit for approval. 20. Other recommendations and comments: 21.. Is the Annual Reclamation Report +/- map accurate? 0 Yes ❑ No (Explain) Z Not Reviewed ❑ N/A 2016 ARR has not been received by this office. if-vou have not submitted please do so. 22. Follow-up inspection needed? ® Yes ❑ No Proposed date July 2018 23. No. of additional pages of Inspection Report 0 24. Copy of Report sent to operator 07/09/2018 INSPECTED BY: Connor Musial DATE 07/0'/2018 Telephone No: 910 796-7372 Copy to.file Copy to operator Copy to Mining Specialist North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality SectiOn MINE INSPECTION REPORT ® PERMITTED MINE SITE ❑ UNPERMITTED MINE SITE 1. 11IINTE NAME: Hughes -Smith Road Pit #2 2. MINE LOCATION: Hughes -Smith Rd N1 W 3, COUNTY: Brunswick 4. RIVER BASIN: Lumber 5. CASE: 6. OPERATOR: William E. Bellamy, Jr., Bill Bellamy and Sons. Inc. 7. ADDRESS: P.O. Box 2169, Shallotte, NC 28459 _ 8. MINING PERMIT #: 10-85 ❑ N/A 9. PERMIT EXPIRATION DATE: ® NIA 10. PERSON(S) CONTACTED AT SITE: Ed Peterson, Excavator Operator _ 11. PICTURES? ® Yes ❑ No' TAKEN BY: Digital Camera 1.2. TYPE OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: ac. (attach sketch map) 2, How was this area measured? Measured by: ® B. Routine Inspection (Permitted Mine Sites) ❑ C. Follow-up Inspection 13. Date of last inspection: 3/22/2018 14. Any mining since that date? ® Yes ❑ No If yes, cite evidence of such mining activity: Pit larger, equipment setup, and larger stockpiles 15. Was mine operating at time of inspection? N Yes ❑ No If yes, explain: Excavator Operating 16. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No ❑ NIA If no, explain: OC 4C: Mining -activities shall occur as indicated on the revised mine reap received by the Land Quality Section on July 16, 2009, and July 20, 2009. OC 4D: The level spreaders as shown on the revised mine map received by the land Quality Section on July 16. 2009 and July 20,_2009 must be installed immediately. OC 5: All affected area boundaries „(7.15 acres) shall be permanently marked at the site on 100 ft. intervals. OC_ 9; Sufficient buffer (minimum 30 undisturbed) shall be maintained between any .excavation„ and any mining permit boundary to protect adjacent property OC 12: Theoperator shall notify the Department in writing of the desire to delete modify,or otherwisb change an art of the mining,reclamation or erosion/sediment control plan contained in the approved application for a mining permit or. any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions 17. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No ❑ N/A If no, explain: IS. Is there any off -site damage? A. ® Yes B. ❑ No C. ❑ None observed If A, describe the type and severity of the dama e: Severe, Outside of mine boundaries into wetlands If B or C, is there potential for offsite damage? In Yes ® No Explain: 1.9. Corrective measures needed and/or taken: Submit modification or reclaim areas outside of mine boundaDL Mine permitted for 7.15 acres, but approkimately 12 acres have been disturbed. Demark mine boundaries at 100ft intervals immediately, Install levels readers immediately. Reestablish undisturbed buffer, especially along eastern portion ofproject. Submit revisions and/or modifications to the mining permit for approval. 20. Other recommendations and comments: 21. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed ❑ N/A 2036 ARR has not been received by this office, if you liave not „submitted please do so. 22. Follow-up inspection needed? ® Yes ❑ No Proposed date June 2018 23. No. of additional pages of Inspection Report 0 24. Copy of Report sent to operator 05/15/2018 INSPECTED BY: Connor Musialr DATE .05/15/20I 8 Telephone No: 910 796-7372 Copy to file Copy to operator Copy to Mining Specialist Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY March 28, 2018 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7015 0640 0007 9831 3231 ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOSY) VINSON, JR. Interim Director NOTICE OF VIOLATIONS OF MINING PERMI William E. Bellamy Jr. Bill Bellamy and Sons, Inc. PO Box 2169 Shallotte, NC 28459 RE: Mining Permit No. 10-85 Hughes -Smith Road Mine No. 2 Brunswick County Lumber River Basin Dear Mr. Bellamy: permit. APR This is to inform you and/or your company of a violation(s) of the above referenced mining On March 22, 2018, personnel of the Wilmington Regional Office inspected your mine, copy of inspection report attached, and determined that one or more of the conditions contained in your mining permit are being violated. The conditions being violated are as follows:' Operating Condition 4C: Mining activities shall occur as indicated on the revised mine map received by the Land Quality Section on July 16, 2009, and July 20, 2009 and supplemental information received by the Land Quality Section on May 26, 2009, July 16, 2009 and July 20, 2009. Mining has occurred outside the boundaries set on the permit 2. Operatinq Condition 4D: The level spreaders as shown on the revised mine map received by the land Quality Section on July 16, 2009 and July 20, 2009 must be installed immediately. Level spreaders have not been installed on site Nothing Compares,._ State of North Carolina I Envirbnmentai Quality I Energy, ,Mineral and Land Resources 512 N. Salisbury Street 11bi2 Mail Service Center ) Raleigh, North Carolina 27699-1612 949 707 9200 CERTIFIED MAIL_ Page 2 3. Operating Condition 5: All affected area boundaries (7.15 acres) shall be permanently marked at the site on 100 ft. intervals All boundaries have not been marked on site. 4. .Operating Condition 9: Sufficient buffer (minimum 30 undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property Minimum 30' undisturbed buffer has not been maintained along site- boundaries. 5. OOperatig Condition 12. The operator shall notify the Department in writing of the desire to delete, modify, or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. No modification to the mining permit have been received to correct said violations. In order to bring this site into compliance, the following corrective actions must be taken: A. Cease all mining activities beyond the approved affected, area boundaries immediately. Appears mining activities have not occurred as indicated on approved mine maps listed under permit Operating Conditions 4C. Mining activities have exceeded 7.15 acres as permitted. Mine permit must be modified to include additional acreage outside of the current permit boundary or areas disturbed outside of boundary must be reclaimed within the deadline stated below. B. Install level spreaders immediately. C. Mark mine boundaries as per permit Operating Conditions 5. D. Buffers must be reestablished along eastern portion of permitted boundary and all other areas where mining activities have exceeded permitted boundary, as per permit Operating Conditions 3A and 9. If the above violations are not corrected within sixty (60) days following your receipt of this Notice, appropriate enforcement action will be taken and a civil penalty may be assessed against your company. If a civil. penalty is assessed, the amount may be up to five hundred dollars ($500.00) for each day of violation, beginning with the date of your receipt of this Notice of Violation (N.C.G.S. 74-64). Other enforcement actions may include seeking an injunction, criminal penalty, revoking your permit or bond forfeiture procedures. a CERTIFIED MAIL Page 3 The responsibility for understanding and complying with the conditions of your mining permit rests with you. The responsibility also rests with you for notifying this office of your plans to correct the violations. Please do not hesitate to contact Mr. Dan Sams, Regional Engineer, at (91 D)796-7215 or Mr. David Miller State Mining Engineer, at (919) 707-9228 regarding any questions you might have about this matter. Ve tr urs, C ilia E. inson Jr, E. Interim Director WEVlcmljw Attachment: Mine Inspection Report cc: Mr_ David Miller, PE Mr. Dan Sams, PE North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT 0 PERMITTED MINE SITE ❑ UNPERMITTED MINE SITE 1. MI.N.E NAME: _Hugh.es-Smith Road Pit #E2 2. MiNE LOCATION: I-iu hes-Smith Rd NW 3. COUNTY: Brunswick 4. RIVER BASIN: Lumber 5. CASE: 6. OPERATOR: William E. Bellamy, Jr., Bill Bellamy and Sons. Inc. 7. ADDRESS: P.O. Box 2169 Shallotte NC 28459 S. MINING PERMIT #: 10-85 ❑ N/A 9, PERMIT EXPIRATION DATE: N N/A 10. PERSON(S) CONTACTED AT SITE: 11. PICTURES? ❑ Yes ® No TAKEN BY: 12. TYPE OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: ac. (attach sketch map) 2. How was this area measured? Measured by: B. Routine Inspection (Permitted Mine Sites) [] C. Follow-up inspection 13. Date of last inspection: 1 /25/2018 14. Any mining since that date? ® Yes ❑ No if yes, cite evidence of such mining activity: Pit larger, equipment set up, and larger stockpiles per CreiWiton Brown 15. Was mine operating at time of inspection? ❑ Yes ® No If yes, explain: 16. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No ❑ NIA If no, explain: OC 4C: Mining activities shall occur as indicated on the revised mine ma received by the land Quality Section on Juh, 16, 2009, and July 20, 2009. OC 41): The level spreaders as shown on the revised mine map received by the land Quality Section on July 16, 2009 and July 20, 2009 must be installed immediately. _ OC 5: All affected area boundaries (7.15 acres)shall be pennanently marked at the site on 100 ft. intervals. OC 9: Sufficient buffer minimum 30 undisturbed shall be maintained between any excavation and any mining permit boundary to protect adjacent property OC 12: The operator shall noti(y the Department in writing of the desire to delete, modify, or otherwise change any part of the mining, reclamation, or erosion/seditnent control plan contained in the approved application_ for a mining ennit or any approved revision to it. Approval to implement -such changes must be obtained from the Department prior to on -site imp Cementation of the revisions 17, Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No ❑ N/A If no, explain: 18. Is there any off -site damage? A. ❑ Yes B. ❑ No C. N None observed If A, describe the type and severity of the darns e: If B or C, is there potential for offsite damage? Ej Yes ® No Explain: 19. Corrective measures needed and/or taken: _Submit modification or reclaim arm outside of thine boundary. Mine permitted for 7.15 acres, but approximately 12 acres have been disturbed. Demark mine boundaries at _100ft intervals immediately. Install levels readers immediately. Reestablish undisturbed buffer, especially along eastern portion of project. Submit revisions and/or modifications to the mining permit for approval. 20. Other recommendations and comments: 21, Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed ❑ N/A 2016 ARR has not been received by this office, if you have-not subunitted please do 54. 22. Follow-up inspection needed? N Yes ❑ No Proposed date April 2018 23. No. of additional pages of Inspection Report 0 24. Copy of Report sent to operator 03/28/2018 INSPECTED BY: Connor Musial DAT11 03/22/2018 Telephone No: _ (910)796-7372 — Copy to file Copy to operator Copy to Mining Specialist March 28, 2018 CERTIFIED MAIL RETURN RECEIPT REQUESTED NOTICE OF VIOLATIONS OF MINING PERMIT William E. Bellamy Jr. Bill Bellamy and Sons, Inc. PO Box 2169 Shallotte, INC 28459 RE: Mining Permit No. 10-85 Hughes -Smith Road Mine No. 2 Brunswick County Lumber River Basin Dear Mr, Bellamy: This is to inform you and/or your company of a violation(s) of the above referenced mining permit, On March 22, 2018, personnel of this office inspected your mine, copy of inspection report attached, and determined that,one or more of the conditions contained in your mining permit are being violated. The conditions being violated are as follows: 1: OC 4C: Mining activities shall occur as indicated on the revised mine map received by the Land Quality Section on July 16, 2009, and July 20, 2009 and supplemental information received by the Land Quality Section on May 26, 2009, July 16 2009, and July 20, 2009. Mining has occurred outside the boundaries set on the permit 2. OC 4D: The level spreaders as shown on the revised mine map received by the land Quality Section on July 16, 2009 and July 20, 2009 must be installed immediately. Level spreaders have not been installed on site 3. OC 5_ All affected area boundaries (7.15 acres) shall be permanently marked at the site on 100 ft. intervals All boundaries have not been marked on site. 4. OC 9: Sufficient buffer (minimum 30 undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property Minimum 30' undisturbed buffer has not been maintained along site boundaries. 5. OC 12: The operator shall notify the Department in writing of the desire to delete, modify, or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. No revisions or modifications to the mining permit have been received. CERTIFIED MAIL_ Page 2 In order to bring this site into compliance, the following corrective actions must be taken: A. Appears mining activities have not occurred as indicated on approved mine maps listed under permit Operating Conditions 4C. Mining activities have exceeded 7.15 acres as permitted. Mine permit must be modified to include additional acreage or areas outside of boundary must be reclaimed immediately. B. Install level spreaders immediately. C. Mark mine boundaries as per permit Operating Conditions 5. D. Buffers must be reestablished along eastern portion of permitted boundary and all other areas where mining activities have exceeded permitted boundary, as per permit Operating Conditions 3A and 9. E. Submit a modification or revision of the mining permit for approval If the above violations are not corrected within sixty (60) days following your receipt of this Notice, appropriate enforcement action will be taken and a civil penalty may be assessed against your company. If a civil penalty is assessed, the amount may be up to five hundred dollars ($500.00) for each day of violation, beginning with the date of your receipt of this Notice of Violation (N.C.G.S. 74-64). Other enforcement actions may include seeking an injunction, criminal penalty, revoking your permit or bond forfeiture procedures. The responsibility for understanding and complying with the conditions of your mining permit rests with you. The responsibility also rests with you for notifying this office of your plans to correct the violations. Please do not hesitate to contact Mr. Dan Sams, PE, Regional Engineer, at (910)796-7215 or Mr. David Miller State Mining Specialist, at (919) 707-9228 regarding any questions you might have about this matter. Very truly yours, William E. Vinson Jr, P.E. Interim Director W EVI* Attachment: Mine Inspection Report cc: David Miller North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT ® PE10I TTED MINE SITE 0 UNPERMITTED MINE SITE 1. MINE, NAl IE: Hughes -Smith _Road Pit 42 2. MINE LOCATION: Hughes -Smith Rd NW 3. COUNTY: Brunswick 4. RIVER BASIN: Lumber 5. CASE: 6. OPERATOR: William E. Bellamy, Jr. Bill Bellamy and Sons. Inc. 7. ADDRESS: P.O. Box 2169 Shallotte NC 28459 8. MIN.ING PERMIT #: 10-85 NIA 9. PERMIT EXPIRATION DATE: ® N/A 10. PERSON(S) CONTACTED AT SITE: 11. PICTURES? ❑ Yes ® No TAKEN BY: 12. TYPE OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: ac. (attach sketch map) 2. ]Flow was this area measured? Measured by: ® B. Routine Inspection (Permitted Mine Sites) ❑ C. Follow-up Inspection 13. Date of last inspection: 1/25/2018 14. Any mining since that date? Yes ❑ No If yes, cite evidence of such mining activity: Pit larger, ee uipment set up, and larger stock iles per Creighton Brown 15. Was mine operating at time of inspection? ❑ Yes ®, No If yes, explain: 16. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No N/A If no, explain: OC 4A. Adequate mechanical barriers shall be -provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, approved mine maR. QC 4C: Mining activities shall occur as indicated on the revised mine map received by the Land uali Section on July 16, 2009, and July 20, 2009. OC 4D: The levels readers as shown on the revised mine map received by the land uali Section on July 16 2009 and July 20, 2009 must be installed immediately. OC S: All affected area boundaries (7.15 acres) all sh ' ll be p_.__ - _ be permanently marked at. the site on 100 ft. intervals, OC 9: Sufficient buffer minimum 30 undisturbed shall be maintained between any excavation and any minin permit boundary„to protect adjacent proper OC_12: The operator shall notify „the Department in writing of the desire to delete, modify, or otherwise change anX art of the mining,reclamation or erosion/sediment control Rlan contained in the approved application for a minin permit or any approved revision to it. Approval to im lement such changes must be obtained from the De artment prior to on -site implementation of the revisions _ 17. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No ❑ N/A If no, explain: 18. Is there any off -site damage? A. ❑ Yes B. ❑ No C. 2 None observed If A, describe the type and severity of the dama e: If B or C, is there potential for offsite damage? Yes ® No Explain: 19. Corrective measures needed and/or taken: Submit modification or reclaim areas outside of mine boundary_ Mine permitted for 7.15 acres, but approximately 12 acres have been disturbed. Demark mine boundaries at 100ft intervals immediately_ Install level spreaders immediately. Reestablish undisturbed buffer, especially along eastern portion of project. Submit revisions and/or modifications to the miningpermit for approval. 20. Other recommendations and comments: 21. Is the Annual Reclamation Report +/- map accurate? El Yes ❑ No (Explain) ® Not Reviewed ❑ NIA 2016 ARR has not been received by this office, if you have not submitted please do so. 22. Follow-up inspection needed? ® Yes ❑ No Proposed date April 2018 _ 23. No. of additional pages of Inspection Report 0 24. Copy of Report sent to operator 03/28/2018 INSPECTED BY: Connor Musial DATE 03/22/2018 Telephone No:. _(910)796-7372 Copy to file Copy to operator Copy to Mining Specialist 5/7/2018 USPS.com5D - USPS Trackino,FO Results USPS Trackingo FAQs >(http://faq.usps.com/?articleld=220900) Track Another Package + Tracking Number: 70150640000798313231 Your item was delivered at 9:25 am on April 5, 2018 in SHALLOTTE, NC 28470. C Delivered April 5, 2018 at 9:25 am Delivered SHALLOTTE, NG 28470 Get Updates \/ Remove X Text & Email Updates Tracking History u Product Information U See Less /\ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs (http://faq.usps.com/?articleld=220900) https:/pools.usps.comlgo/TrackConfirmAction?tLabels=7015064000079$313231 112 North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT ® PERMITTED MINE SITE ❑ UNPERMITTED MINE SITE L MINE NAME: Hu hes-Smith Road Pit 92 2. MUM LOCATION: Hughes -Smith Rd N1 W 3. COUNTY: Brunswick 4. RIVER BASIN: Lumber 5. CASE: 6. OPERATOR: William C. Bellamy, Jr. Bi11 Bellamy and Sons. Inc. 7. ADDRESS: P.O. Box 2169 Shal lotte NC 28459 S. MINING PERMIT #: 10-85 ? 71A 9. PERMIT EXPIRATION DATE: ®N/A 10. PERSON(S) CONTACTED AT SITE: 1I. PICTURES? ❑ Yes ® No TAKEN BY: 12. TYPE OF INSPECTION: ❑ A. Initial inspection (Gnpermitled Mine Sites) 1. Size of affected land: ac. (attach sketch map) 2. blow was this area measured? Measured by: ® B. Routine Inspection (Permitted Mine Sites) C. Follow-up Inspection 13. Date of last inspection: 1/25/2018 14. Any mining since that date? R Yes ❑ No If yes, cite evidence of such mining activity: Pit Iar eguipment set up, and larger stockpiles per Creighton Brown 15. Was mine operating at time of inspection? ❑ Yes ® No If yes, explain: 16. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No El NIA If no, explain: OC 4C: Minimactivities shall occur as indicated on the revised mine map received by the Land Qualijy Section on July 16 2009 and July 24 2009. OC 4D: The level spreaders as shown on the revised mine map received by the land Quality_ Section on July 16, 2009 and July 20 2009 must be installed immediately. OC 5: Al l affected area boundaries (7.15 acres) shall be permanently marked at the site on 100 ft. intervals. OC 9: Sufficient buffer minimum 30 undisturbed shall be maintained between any excavation and any mining permit boundary, to protect adjacent roperty OC 12: The operator shall notify the Department in writing of the desire to delete, modify, or otherwise change any Bart of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department rior to on -site im lementation of the revisions 17. Is the mine in compliance with the Reclamation Conditions of the Permit? 0 Yes ❑ No n NIA If no, explain: 18, Is there any off -site damage? A. Yes B. ❑ No C. ® None observed If A, describe the type and severity of the damage: If B or C, is there potential for offsite damage? E] Yes ® No Explain: 19. Corrective measures needed and/or taken: Submit modification or reclaim areas outside of mine boundary. Mine permitted for 7.15 acres, but approximately 12 acres have been disturbed. Detnark mine boundaries at 100ft intervals immediately. Install levels readers immediately. ReestabIish undisturbed buffer, -especial l along eastern portion of project. Submit revisions and/or modifications to the mining permit for approval. _ 20. Other recommendations and comments: 21. Is the Annual Reclamation Report +/- map accurate? Yes ❑ No (Explain) Z Not Reviewed ❑ NIA 2016_ R,R has not been received by this office, if you have not submitted please do so. 22. Follow-up inspection needed? ® Yes ❑ No Proposed date Aril 2018 23, No. of additional pages of Inspection Report 0 24, Copy of Report sent to operator 03/28/2018 INSPECTED BY: Connor Musial DATE 03/22/2018 Telephone No: _ �910)796-7372 Copy to file Copy to operator Copy to Mining Specialist n U:IZn3Jl-7O o ,n ✓ ?o S Cr ruCertlfisd Ma31 Fee Q" $ xlra ery cae ees (cBetx Lmr, add lee as eppropMete) C3 I2HOW, Receipt 11tudC�PO $- Postmark L7 ❑ Return 00"Pt (electr« 10 6- Here Q C "nle Msh Reetrkte DOEVVY $ - Q Adam SlgrletWe Require 5 (]Moil SOUKWe A/M1Netsd DORWY # © Postage Er t� a stage : ,William.E. Bellamy, Senn To .'Bill Bellamy and Sons, lnc., fe' 1':Oa`II6x2169 sre�B,r�';Shallotte,`NC 28459 41 W Qirriplete Roma 1, 2, end 3.. ' Punt you► name and aridness on the reverse, s6"that we can return the card to you. ■ Attach this nerd to the back of She rnallpiece, or on the front If.space permits.. ,1,ra,tinrn arrriroren.l /n., .. •.-.. ,- �r -... ,�- . - '�NFllairi E ]3eliainy,�Jr:`- � Bll'.-Bellaiiy'and,4Son5'Inc. • ' �� �'' `';r�i 2169, 'Sha]IOtte ;,NC_28459.''; M �..e..e X 43WN,db WNWe) �^ ate of Delivery • I. fii ess D. s deilvery addrdifferentt from 1? C 1 Yes ' If YES, enter d6veryaddress we p No �pST p'F/�� v v r Ln 1111111111111 TIN 1111111111141111111111@1 4'�,� ��"='p ,, Ma ' ❑ Adult Slgnahae Restrl 9590 9402 3412 7227 8467 18 o Cemfted Mmi ReWcted Ddhwy 13Rettms Rsoefpt fnr 13 Coileat on Delivery MerehandE, ? n .; r_ ►r..«,1 rn w { . s ,d,. �_, n.--- ❑ Collet! on DOWerycR9Atdcted pet M '13 Signetum Cwffr IntWTm . 7 017 0190 0 O � 0, 9 5 2 6' 9 413 :; Si ` ed l i t l�IA�ct a�Davery . wM ,,,,,, PS Form 3811, July 2015 PSN 7530.02-000_9053 Domestic Retum'Receipt l RCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Minerals and Land Resources Land Quality Section William E. Vinson, Jr, PE, CPESC, CPM Interim Director January 30, 2018 CERTIFIED MAIL 7017 0190 0000 9526 9413 RETURN RECEIPT REQUESTED NOTICE OF DEFICIENCY William F. Bellamy, Jr. Bill Bellamy and Sons, Inc. PO BOX 2169 Shallotte, NC 28459 RE: Mining Permit No. 10-85 Hughes -Smith Road Mine No. 2 Brunswick County Lumber River Basin Dear Mr. Bellamy: Roy Cooper, Governor Michael S. Regan, Secretary On January 25, 2018, an inspection of the subject mine was performed by Creighton Brown of this office. Several deficiencies were observed that require your prompt attention. The deficiencies discovered and the necessary corrective actions are as follows: 1. Mine has been dewatered through the use of a dewatering pump into adjacent wooded area along northeast portion of permit boundary. Permit Operating Conditions IA, IB, and 4D address this issue. Level spreaders should be installed according to approved reining map. 2. Appears mining activities have not occurred as indicated on approved mine reaps listed under permit Operating Conditions 4C. Mining activities have exceeded 7,15 acres as permitted. Mine permit must be modified to include additional 'acreage or areas outside of boundary must be reclaimed immediately. Mine boundaries are not demarked as per permit Operating Conditions 5. Wilmington regional Office 127 Cardinal Drive Ext., Wilmington, North Carolina 28405.3845 • Phone: M-736-72151 FAX: 910-350-2004 Letter of Approval � William E. Bellamy Jr. January 30, 2018 Page 2 of 2 4. Buffers must be reestablished along eastern portion of permitted boundary and all other areas where mining activities have exceeded permitted boundary, as per permit Operating Conditions 3A and 9. If the previously described deficiencies are not corrected within 30 days following your receipt of this Notice, this matter will be referred to the Director, Division of Land Resources, Department of Enviroament and Natural Resources, .for the issuance of an official Notice of Violation in an effort to secure compliance at the site. Do not hesitate to contact Creighton Brown or me at (910)196-7215 regarding any questions you may have about this matter. Sincerely, Dan Sams, PE Regional Engineer Land Quality Section Attachment: Mine inspection Report cc: Mr. William E. Vinson, Jr., P.E. North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section N41NE INSPECTION REPORT ® PERMITTED MINE SITE ❑ UNPERMITTED MINE SITE 1. MINE NAME: Hughes -Smith Road Pit #2 _ 2. MINE LOCATION: Hughes -Smith Rd NW 3. COUNTY: Brunswick 4. RIVERBASIN- Lumber 5. CASE: 6. OPERATOR: William E. Bellamy, Jr. Bill Bellamy and Sons. Inc. 7. ADDRESS: P.O. Box 2169 Shallotte NC 28459 S. MINING PERMIT #: 10-85 NIA 9. PERMIT EXPIRATION DATE: ® N/A 10. PERSON(S) CONTACTED AT SITE: Truck drivers l 1. PICTURES? ❑ Yes ® No TAKEN BY: 12. TYPE OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: ac. (attach sketch reap) 2. How was this area measured? ® B. Routine Inspection (Permitted Mine Sites) Measured by: ❑ C. Follow-up Inspection 13, Date of last inspection: 11/12/2015 14. Any mining since that date? Z Yes ❑ ' No If yes, cite evidence of such mining activity: Mine active while onsite 15. Was mine operating at -time of inspection? ® Yes No If yes, explain: Loading trucks while onsite 16, Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes Z No ❑ N/A If no, explain: OC IA: Any mine dewaterin , shall be in _accordance with the permitting` requirements and rules promulgated by the N.C. Environmental Management Commission. OC 4A: Adequate mechanical barriers shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, approved mine map. OC_q_ C: Mining activities shall occur as indicated on the revised wine map received by the Land Quality Section on I tily 16 2009 and July 20 2009. OC 4D: The level -spreaders as shown on the revised mine map received by the land Quality Section on July 1^6, 2009 and .duly 2.0,_2009 must be installed immediately. OC.S_All _affected area boundaries (7.1.5 acres) shall be permanently marked at .the site on 100 ft. intervals. OC 9: Sufficient buffer minimum 30 undisturbed shall be maintained between any excavation and any mining permit boundary to protect adjacent property 1.7, Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No ❑ N/A If no, explain: 18. Is there any off -site damage? A. ® Yes B. ❑ No C. ❑ None observed If A, describe the type and severity of the damage: Moderate amount of sediment observed offsite where along northeast bounda1y of mine where dewatering pumpis set up. If B or C, is there potential for offsite damage? 0 Yes No Explain: Dewatering pump on site at NE portion of pit and ditch cut along. SW portion of pit. 19. Corrective measures needed and/or taken: Submit modification or reclaim areas outside of mine boundary. Mine permitted for 7.15 acres, but approximately 12 acres have been disturbed. Demark mine boundaries at I00ft intervals immediately. Install levels readers immediately. Cease dewatering operations where sediment depositing offsite. Reestablish undisturbed buffer, esRecially along eastern portion of project. 20. Other recommendations and comments: Call this office to set-up meeting about NOD deadlines. Failure to comply will result in a Notice of Violation and „possible civil penalties. 21. Is the Annual Reclamation Report +/- map accurate? Ll Yes ❑ No (Explain) ® Not Reviewed ❑ N/A 2016 ARR has not been received by this office, if you have not submitted 2lease do'so. 22. FolIow-up inspection needed? ® Yes ❑ No Proposed date 03/01/2018 23. No. of additional pages of Inspection R rf 0 24. Copy of Report sent to operator 01130/2018 INSPECTED BY: Crei hton Brown Telephone No: _(910)796-7230 DATE 01/25/2018 Copy to file Copy to operator Copy to Mining Specialist N C D EN R North Carolina Department of Environment and Natural Resources Division of Energy, Minerals and Land Resources Land Quality Section \%liam E. Vinson, Jr, PE, CPESC, CPM Interim Director January 30, 2018 CERTIFIED MAIL 7017 0190 0000 9526 9413 RETURN .RECEIPT REQUESTED NOTICE. OF DEFICIENCY William E. Bellamy: Jr. Bill Bellamy and Sons, Inc. PO Box 2169 Shall otte, NC 28459 RE: 'Mining Permit I,,To. 10-85 Hughes -Smith Road Mine No. 2 Brunswick County Lumber River Basin Dear Mr. Bellamy: Roy Cooper, Govemor Michael S. Regan, Secretary On January 25, 2018, an inspection of the subject mine was performed by Creighton Brown of this office. Several deficiencies were observed that require your prompt attention. The deficiencies discovered and the necessary corrective actions are as follows: I . Mine has been dewatered through the use of a dewatering pump into adjacent wooded area.along northeast portion of permit boundary. Permit Operating Conditions 1A, 1B, and 4D address this issue. Level spreaders should be installed according to approved mining map. 2. Appears mining activities have not occurred as indicated on approved mine maps listed under permit Operating Conditions 4C. Mining activities have exceeded 7.15 acres as permitted. Mine permit must be modified to include additional acreage or areas outside of boundary must be reclaimed immediately. 3. Mine boundaries are not demarked as per permit Operating Conditions 5. Wilmington Regional office 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 • Phone: 910-796-72151 FAX: 910-350-2004 Letter of Approval � NVilliam E. Bellamy Jr. January 30, 2018 Page 2of2 4. Buffers must be reestablished along eastern portion of permitted boundary and all other areas where mining activities have exceeded permitted boundary, as per permit Operating Conditions 3A and 9. If the previously described deficiencies are not corrected within 30 days following your receipt of this Notice, this matter Will be referred to the Director, Division of Land Resources, Department of Environment and Natural Resources, for the issuance of an official Notice of Violation in an effort to secure compliance at the site_ Do not hesitate to contact Creighton Brown or me at (910)196-7215 regarding any questions you may have about this matter. Sincerely, ` J: / Dan Sams, PE - Regional Engineer Land Quality Section Attachment: Mine Inspection Report cc: Mr. William E. Vinson, Jr., F'.l North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT N PTRNIITTED MINE SITE [D UNPERMITTED MINE SITE I. MINE NAME: Hughes-Smith__Road Pit_42 2. ADNE LOCATION: Hughes -Smith Rd NTW 3. COUNTY: Brunswick 4. RIVER BASIN: Lumber 5. CASE: 6. OPERATOR: Vl�illlam E. Bellamy, Jr. Bill Bellamy and Sons: Inc. 7. ADDRESS: P.O. Box 2169 Shallotte NC 28459 S. MINING PERMIT 4: 10-85 ❑ N/A 9. PERMIT EXPIRATION DATE: N NIA 10. PERSON(S) CONTACTED AT SITE: Truck drivers IL PICTURES? ❑ Yes ® No TAKEN BY: 12. TYPE OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: ae. (attach sketch map) 2. How was this area measured? Measured by: ® B. Routine Inspection (Permitted Mine Sites) C. Follow-up Inspection' 13. Date of last inspection: 11/12/2015 14. Any mining since that. date? ®Yes ❑ No If yes, cite evidence of such mining activity: Mine active While onsite 15. Was mine operating at -time of inspection? N Yes ❑ No If yes, explain: Loading trucks while onsite 16. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes No ❑ N/A If no, explain: OC IA: Any mine dewatering shall be in accordance with the ]2ermitting rgquirements and rules promulgated by the N.C. Environmental Management Commission. OC 4A: Adequate mechanical barriers shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, approved thine map. OC 4C: Mining_ activities shall occur as indicated_ on the revised mine map received by the Land Quality Section. on July 16, 2009, and July 20, 2009. OC 4D;.The level spreaders as shown on the revised thine map received by the land Quality Section on July 16, 2009 and July 20, 2009 must be installed immediately. OC 5: All affected area boundaries (7,.15 acres)shall be be permanently marked at the site on 100_ft. intervals. OC9: Sufficient buffer (minimum 30 undisturbed) shall be maintained between any excavation and any mining_ ermit boundaa to protect adjacent property 17. Is the thine in compliance with the Reclamation Conditions of the Permit? ® Yes [] No ❑ N/A If no, explain: 1.8. Is there any off -site damage? A, N Yes B. 0 No C. 0 None observed If A, describe the type and severity of the damage: Moderate amount of sediment observed offsite where along northeast boundary of mine where dewatering pumpis set u . If B or C, is there potential for offsite damage? Z Yes ❑ No Explain: Dewatering pump on site at NE portion of pit and -ditch cut along SW portion of pit. 19. Corrective measures needed and/or taken: Submit modification or reclaim areas outside of mine bounds . Mine permitted for 7.15 acres, but approximately 12 acres have been disturbed. Demark mine boundaries at 100ft intervals immediately. Install levels readers immediately. Cease dewaterin o erations where sediment de ositin offsite. Reestablish undisturbed buffer, especially along eastern portion of project. _ 20. Other recommendations and comments: Call this office to set-up meefing about NOD deadlines. Failure to comply will result in a Notice of Violation and possible civil penalties; _ 21. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No'(Explain) N)\rot Reviewed ❑ NIA 2016 ARR has not been received by this office, if you have not submitted please do"so. 22. Follow-up inspection needed? N Yes ❑ No Proposed date 03/01/2018 23. No, of additional pages of Inspection R rt 0 24. Copy of Report sent to operator 01/30/2018 INSPECTED BY: Crei hton Brown DATE 01/25/2018 Telephone No: 910 796-7230 Copy to file Copy to operator . Copy to Mining Specialist Wi %/2Q18* USPS.com 3: - USPS Trackina0 Resulls ALERT: AS OF APRIL 30, USPS.COM NO LONGER SUPPORTS OUTDATED BROWSERS. TO CO... USPS Tracking FAQs >(http://faq.usps.com/?articleld=220900) Track Another Package + Tracking Number: 70170190000095269413 Your item was delivered at 10:11 am on February 9, 2018 in SHALLOTTE, NC 28470. OV Delivered February 9, 2018 at 10:11 am Delivered SHALLOTTE, NC 28470 Remove X Tracking History v Product Information Postal Product: Features: Certified Mail;" See Less /\ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. hltgs:f/tools.usps.com/go/TrackConfermAction?tt.abels=70170190000095269413 1 112 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1, MINE NAME Hughes -Smith Road Pit #2 2. MINING PERMIT # 10-85 3. OPERATOR William E. Bellamy. —Jr., Bill Bellamy and Sons. Inc. 4. COUNTY Brunswick 5. ADDRESS P.O. Box 2169, Shallotte, NC 28459 5. PERMIT EXPIRATION DATE 8/16/2022 7. RIVER BASIN Lumber 8. Person(s) contacted at site Truck driver 9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? ® Yes ❑ No 11. Date last inspected: 12/09/2013 12. Any mining since last inspection? ® Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ' ❑ Yes ® No If no, explain: 4B: All drainage from affected area around the mine excavation shall be diverted internal to said excavation. Water discharging from NE comer of mine pit without use of sediment control measures. 5: All affected area boundaries shall be permanently marked at the site on 100 ft. intervals. 10A: No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the miningpermit area. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes ® No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: Maintain Construction Entrance to prevent sediment from being deposited on roadway. Install adg uate sediment settling measures such as -settling basin where mine dewatering is occurring. Remove all waste material from mine site (woody debris); Maintain Rain records, maintenance records_,and sampling records. T _ 17. Other recommendations and comments: 18. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed 19. Follow-up inspection needed? ® Yes ❑ No Proposed date 02/12/2016 21. Copy of Report sent to operator 11/25/2015 INSPECTED BY: Jean ConwayDATE 11/12/2015 Telephone No: 910-796-7315 Copy to file Copy to operator Copy to Mining Specialist North Carolina Department of Environment and Natural Resources, Division of. Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. 'MINE NAME __Hughes -Smith Road Pit #2 2. MINING PERMIT # 10-85 3. OPERATOR William E. Bellamy, Jr., Bill Bellamy and Sons, Inc. 4. COUNTY Brunswick 5. ADDRESS PO Box 2169, Shallotte, NC 28459 6. PERMIT EXPIRATION DATE_ 8/16/2022 7. RIVER BASIN Lumber 8. Person(s) contacted at site None 9. Was mine operating at time of inspection? ❑ Yes ® No 10. Pictures? ❑ Yes No 11. Date last inspected: 10/1 6/2013_. 12. Any mining since last inspection? ® Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No If no, explain: 4A: Adequate mechanical„barriers shall be provided in the initial stages of any land disturbance and maintained to prevent sediment. from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. Level Spreaders were not installed as_per approved mine map (July 2009). Water discharges from NE corner of mine pit, 4B: All drainap-e from affected area around the mine excavation shall be diverted internal to said excavation. 4C: Mining activities shall occur as indicated on the revised mine map received by L S on 9/16/2009 and 9/20/2009 and supplemental information received by LQS_on 5126/2009, 7/16/2009, 7/20/2009_ 4D: The level spreaders as shown on the revised mine map received by LQS 7/16/2009, 7/20/2009 must be installed immediately. 5: All. affected area boundaries 'shall be permanently marked at the site on 100 ft intervals. I OA: No on_ site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? N Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes 0 No If yes, describe the type and severity of the damage: 16, Corrective measures needed and/or taken: Install levet spreaders as per approved mine maw Water should not be discharging at current location. Prevent all discharges. Submit stormwater pollution prevention rian to this office. Install construction entrance. Remove ail waste material from mine site wood debris). Submit Rain records maintenance records, and sampling records to this office. 17. Other recommendations and comments: Contact this office immediately to set up an onsite conference. Failure to brinp, site into compliance will result in enforcement actions. Refer to NOD requirements,_ IS. Is the Annual Reclamation Report +/- map accurate.? ❑ Yes ❑ No (Explain) ® Not Reviewed 19. Follow-up inspection needed? ® Yes ❑ No Proposed date 01/2014 or at request 20. No. of additional pages of Inspection Report 0 . 21. Copy of Report sent to operator 12/09/2013 INSPECTED BY: David Cox DATE _ 12/09/2013 Telephone No: 910-796-7230 david.w.cox@ncdenr.go Copy to file Copy to operator Copy t Mining Specialist North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME Hu hes-Smith Road Pit #2 2. MINING PERMIT # 10-85 3. OPERATOR William E. Bellamy, Jr., Bill Bellamy and Sons, Inc. 4. COUNTY Brunswick 5. ADDRESS PO Box 2169. Shallotte, NC 28459 6. PERMIT EXPIRATION DATE 8/16/2022 7. RIVER BASIN Lumber 8. Person(s) contacted at site None 9.' Was mine operating at time of inspection? ❑ Yes ® No 10. Pictures? ❑ Yes ® No tI. Date last inspected: 10/16/2013r 12. Any mining since last inspection? ® Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes 0 No If no, explain: 4A: Adequate mechanical barriers shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharger onto nto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. Level _Spreaders were not installed as per approved mine „map (July 2009). Water discharges from NE corner of mine pit. 4B: All drainage from affected area around the mine excavation shall be diverted internal to said excavation. 4C _ Mining activities shall occur as indicated on the revised mine_ map received by LOS on 9/16/2009 and 9/20/2009 and supplemental information received by LQS on 5126/2009, 7/16/2009, 7/2012009. 4D: The level spreaders as shown on the revised mine map received by LOS_7/16/2009, 7/20/2009 must be installed immediately. 5: All affected area boundaries shall be permanently marked at the site on 100 ft intervals. 10A: No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area. 14, Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes ® No �If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: Install level spreaders as per approved mine map. Water should not be dischanzing at current location. Prevent all discharges. Submit stormwater pollution prevention plan to this office._ Install construction entrance. Remove all waste material from mine site (woody debris). Submit Rain records maintenance records and sampling records to this office. 17. Other recommendations and comments: Contact this office immediately to set up an onsite conference. Failure to bring site into compliance will result in enforcement actions. Refer to NOD 18. Is the Annual Reclamation Report +/- map accurate? ❑ Yes No (Explain) ® Not Reviewed 19. Follow-up inspection needed? ® Yes ❑ No Proposed date 1 l /2013 20. No, of additional pages of Inspection Report 0 . 21. Copy of Report sent to operator IOMY2013 INSPECTED BY: David Cox _ DATE 10/16/2013 Telephone No: 910-796-7230 david.w.cox ncdenr, ov 1 f North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME Hughes -Smith Road Pit #2 2. MINING PERMIT # 10-85 3. OPERATOR William E. Bellamy, Jr. Bill Bellamy and Sons Inc. 4. COUNTY Brunswick 5. ADDRESS _ PO Box 2169, Shallotte, NC 28459 _ 6. PERMIT EXPIRATION DATE 8/ 16/2022 7. RIVER BASIN Lumber 8. Person(s) contacted at site None 9. Was mine operating at time of inspection? ❑ Yes N No 10. Pictures? ❑ Yes ® No l I. Date last inspected: 10/16/2013_ 12. Any mining since last inspection? ® Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes N No If no, explain: 4A: Adequate mechanical barriers shall be provided in the initial stag -es of an land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake wetland or natural watercourse in proximity to the affected land_ Level Spreaders were not installed as per approved mine map (July 2009). Water discharges from NE corner of mine nit. 4B: A•I1 drainage from affected area around the mine excavation shall be diverted internal to said excavation. 4C: Mininy, activities shall occur as indicated on the revised mine map received by LOS on 9/16/2009 and 9/20/2009 and supplemental infonnation received by LOS on 5/26/2009, 7/ 16/2009, 7/20/2009. 4D: _The level spreaders as shown on the revised mine map received by LOS_7/16/2009, 7/20/2009 must be installed immediately. 5: _ All affected area boundaries shall be permanently marked at the site on 100 fl intervals. 1 OA: No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining.ponit area. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? N Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes N No If yes, describe the type and severity of the damage: lb. Corrective measures needed and/or taken: Install level spreaders as per approved mine map. ,Water should not be-discharging_at current location. Prevent all discharges. Submit stormwater pollution prevention plan to this office. Install construction entrance. Remove all waste material from mine site wood debris). Submit Rain records —maintenance records, and sampling records to this office. 17. Other recommendations and comments: Contact this office immediately to set up an ofsite conference. Failure to bring site into compliance will result in enforcement actions. Refer to NOD requirements. 18. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) N Not Reviewed 19. Follow-up inspection needed? Z Yes ❑ No Proposed date l 1/2013 20. No. of additional pages of Inspection Report 0 . 21. Copy of Report sent to operator 10/23/2013 INSPECTED BY: David Cox DATE 9/30/2013 Telephone No: 910-796-7230 david.w,cox@ncdenr.gov j 141 k---- Forth Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME _ Hu_ghes-Smith Road Pit #2 2. MINING PERMIT # 10-85 3. OPERATOR _ William E. Bellamy, Jr., Bill Bellamy and Sons, Inc_ 4. COUNTY Brunswick 5. ADDRESS PO Box 2169, Shallotte, NC 28459_ 6. PERMIT EXPIRATION DATE 8/16/2022 7. RIVER BASIN Lumber 8. Person(s) contacted at site None 9.. Was mine operating at time of inspection? ❑ Yes ® No 10. Pictures? ❑ Yes ® No 11. Date last inspected: 09/30/2013_ 12. Any mining since last inspection? ® Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No If no, explain: 4A: Adequate mechanical barriers shall be provided in the initial sta eg s of any and disturbance and maintained to prevent sediment from discharging onto adiacent surface areas or into any lake wetland or natural watercourse in proximity to the affected land. Level Spreaders were not installed as.per approved mine map ,(Jul, 2009). Water discharges from NE corner of mine pit._ 4B: All drainage from affected area around the mine excavation shall be diverted internal to said excavation. 4C: Mining activities shall occur as indicated on the revised mine map received by L S on 9/16/2009 and 9/20/2009 and supplemental information received by LOS on 5/26/2009_, 7/16/2009, 7/20/2009. 4D: The level_ spreaders as shown on the revised mine map -received by LOS 7/16/2009 7/20/2009 must be installed immediately. 5: All affected area boundaries shall be permanently marked at the site on 100.ft intervals. 10A: No on -site disposal of refuse or other solid waste that is generated outside of the miningrpermit area shall be allowed within the boundaries of the mining permit area. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes [9 No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: Install level spreaders as per approved mine map. Water should not be discharging at current location. Prevent all discharges. Submit stormwater pollution prevention plan to this office. Install construction entrance. Remove all waste material from mine site (woody debris)._ Submit Rain records, "maintenance records, and sampling records to this office. 17. Other recommendations and comments: Contact this office immediate!y to set up an onsite conference. Failure to bring site into compliance will result in enforcement actions. Refer to NOD requirements, 18. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed 19. Follow-up inspection needed? ® Yes ❑ No Proposed date 10/2013 20. No. of additional pages of Inspectio epo 0 21. Copy of Report sent to operator 10i4r2013 INSPECTED BY: Brian Lambe DATE 9/30/2013 Telephone No: 910-796-7314 Ofia . am ncdcnr. ov N CO �r A r •r r 0 OFFICIAL perFCgpp USE] ri Postage $ cartifled Fee Pa"na* C] Return Receipt Fab HereO {Endorsement Required) O . Resirdded Delivery Fee © (Endomernent Requlmd) Total Postage t4 Fe" $ sent 0 � r ( rq William.Bellamy, Jr„ C!Bill Bellamy and Sons, Inc. 23 P.O. B21 G9 © or Po Box Na. Box ` ! Shallotte, NC 28459 0 d Complete items t, 2, and 3. Also complete item 4 if Restricted ❑e(ivery is desired. a -print your name and address on the reverse so that we can return the card to you. 1 p Attach this card to the back of the maiipiece,; or on the front it space permits. 1. Article Addressed to: l7l Hlani'IT61aniy, Jr. Bill Bellamy and Sons, Inc. `1 ,b-. Box 2169 Signature X❑ Agent C1 W J ❑ Addressee Sj Received by ( Printed Name) C„Date of Delivery �ae`�m D. Is delive dds different from item 17 ❑ yes If YES. enter delivery address below:,, ,.❑'Norjly� Shallotte, NC 28459 3. Service Type I ❑ Certkfled Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise 1 - - ❑ Insured Mail ❑ C.O.D. 1 4. Restrtoted Del {v6 jll.(F�ctrB Fee}_ ❑Yes 2. Article Number:: €- . _ - - ,':_m•�e�a --;-r; _ _ (Transfer from servfce label) 7009 1410 0000 5y'4 -D`7' 4 6 0 8' PS Form 381.1, February,2004 Domestic Return Receipt.,;,.`t tti26s5;a2-M-1s4o k CDENR North Carolina Department of Environment and Natural Resources Division of Energy, Minerals and Land Resources Land Ouality Section Tracy Davis, PE, CPM Director August 21, 2013 CERTIFIED MAIL7009 1410 0000 9441 4608 RETURN RECEIPT REQUESTED NOTICE OF DEFICIENCY William E. Bellamy, Jr. Bill Bellamy and Sons, Inc. PO Box 2169 Shallotte, NC 28459 RE: Mining Permit No. 10-85 Hughes Smith Road Mine No. 2 Brunswick County Lumber River Basin Dear Mr. Bellamy: Pat McCrory, Governor John E. Skvarla, III, Secretary On August 19, 2013, an inspection of the subject mine was performed by Brian Lambe of this office. Several deficiencies were observed that require your prompt attention. The deficiencies discovered and the necessary corrective actions are as follows: 1. The mine was dewatering from a low spot into a nearby creek. Permit operating conditions 1A, 1B, 4A, 4B, 4C, and specifically 41) address this issue. The level spreaders are to be installed as per approved mining map. All drainage is to be diverted into excavation. 2. . The mine site is being used as a vegetation waste area. Permit operating condition l0A disallows any refuse or other solid waste that is generated offsite to be disposed of within mine limits. The mine boundaries are not demarked as per permit -operating condition 5. 4. Stormwater general permit NCG020753 is not being followed. A rain gauge and rain records are to be kept onsite with the stormwater management plan as per Part III, Section A;3. Records should indicate installation, monitoring and maintenance of BMPs. Submit rain and maintenance records to this office. Additionally, submit monitoring records as per Part III, Section E: 2B. Samples from outfalls should occur quarterly. Wilmington Regional Office 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 • Phone: 910-796.7215 / FAX: 910-350-2004 Letter of Approval William E. Bellamy Jr.<<FirstName)> August 21, 2013 Page 2 of 2 If the previously described deficiencies are not corrected within 30 days following your receipt of this Notice, this matter will be referred to the Director, Division of Land Resources, Department of Environment and Natural Resources, for the issuance of an ofcial Notice of Violation in an effort to secure compliance at the site. Do not hesitate to contact Brian Lambe or me at (910) 796-721 S regarding any questions you may have about this matter. Sincerely, Dan Sams, PE Regional Engineer Land Quality Section Attachment: Aline Inspection Report cc: Mr. Tracy E. Davis, P.E. North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME Hu hes-Smith Road Pit #2 2. MINING PERMIT # 10-85 3. OPERATOR _ William E. Bellamyy, Jr., Bill Bellamy and Sons, Inc. 4. COUNTY Brunswick 5. ADDRESS PO Box 2169 Shallotte NC 28459 6. PERMIT EXPIRATION DATE 8/16/2022 7. RIVER BASIN Lumber 8. Person(s) contacted at site None 9. Was mine operating at time of inspection? ❑ Yes ® No 10. Pictures? ® Yes ❑ No 11. Date last inspected: 2005- 12. Any mining since last inspection? ® Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No If no, explain: 4A: Adequate mechanidal barriers shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lakes wetland or natural watercourse in proximity to the affected land. Level Spreaders were not installed as per approved mine ma Jul 2009). Water discharges from NE corner of mine pit. 4B: All drainage from affected area around the mind excavation shall be diverted internal to said excavation. 4C: Mining activities shall occur as indicated on the revised mine map received by L S on 9/16/2009 and 9/20/2009 and supplemental information received by LOS on_5/26/2009, 7/16/2009, 7/20/2009. 41): The level spreaders as shown on the revised mine map received by LQS 7/16/2009 7/2012009 must be installed immediately. 5: All affected area boundaries shall be permanently marked at the site on 100 ft intervals. 10A: No on -site disposal of refuse or other solid waste that is generated outside of the mining_permit area shall be allowed within the boundaries of the mining permit area. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes ® No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: Install level spreaders as per approved mine man. debris)._ Submit Rain records, maintenance records, and sampling records to this office. 17. Other recommendations and comments: _ _ _ Contact this office immediately to set up an onsite 18. Is the Annual Reclamation Report +/- map accurate? Yes ❑ No (Explain) ® Not Reviewed 19. Follow-4p inspection needed? ® Yes ❑ No Proposed date 9/2013 20. No. of additional pages of Inspection Report 0 . 21. Copy of Report sent to operator 812112013NOD INSPECTED BY: Brian Lambe DATE 8/ 19/2013 Telephone No: _ 91_0-796-7314r n.lambe(@ncdenr.szov Copy to file Copy to operator Copy to Mining Specialist North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME _Hughes -Smith Road Pit #i2 2. MINING PERMIT N 10-85 3. OPERATOR r William E. Bellamy, Jr., Bill Bellamy _and Som-1_nc. 4. COUNTY Brunswick 5. ADDRESS PO Box 2169, Shallotte, NC 28459 6. PERMIT EXPIRATION DATE 8/16/2022 7. RIVER BASIN Lumber 8. Person(s) contacted at site None 9. Was mine operating at time of inspection? ❑ Yes ® No 10. Pictures? ® Yes ❑ No 11. Date last inspected: 2005_ 12. Any mining since last inspection? ® Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ® Yes 0 No If no, explain: 4A: Adequate mechanical barriers shall be provided in the initial stages of any land disturbance and maintained to wevent sediment from disehar in& onto adjacent surface areas or into and lake, wetland or natural watercourse in„proximity„to-the affected land. Level Spreaders were not installed as per approved mine map (July 2009). Water discharges from NE corner of mine pit. 4B: All drainage from affected area around the mine excavation shall be diverted internal to said excavation. 4C: Mining activities shall occur as indicated on the revised mine maI2 received by L S on 9/16/2609 and 9/20/2009 and supplemental information received by LOS on 5/26/2009, 7/16/20K 7/20/2009. 4D: The „level spreaders as shown on the revised mine map received by LOS 7/16/2009, 7/20/2009 must be installed immediately. 5: All affected area boundaries shall be^ permanently, marked at the site on 100 ft intervals. 1 OA: No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes Z No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: Install_ level spreaders as per approved mine map. Water should not be discharging at current location. Submit stormwater pollution prevention plan to this office_ Install construction entrance. Remove all waste material from mine site (woody debris). 17. Other recommendations and comments: Contact this office immediately to set up an onsite conference. 18. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed 19. Follow-up inspection needed? ® Yes ❑ No Proposed date 9/2013 20. No. of additional pages of Inspect' R 0 . 21. Copy of Report sent to operator 8/8/2013 INSPECTED BY: Brian Lambe _� DATE 8/5/2013 Telephone No: 910-796-731 r . ambe nedenr. ov Copy to file Copy to operator Copy to Mining Specialist North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (UNPERMITTED MINE) 1. OPERATOR William E. Bellemy Jr & wife, Cheryl Kirby Bellemy 2. COUNTY Brunswick PO Box 2169 Shallotte, NC 28459 3. CASE# 4. LOCATION Hughes Smith Road, Ash 5. PERSON CONTACTED AT SITE: None 6. TYPE INSPECTION r A Initial Inspection 1. Size of affected land: 2. How was the area measured? __.._..._... - __ _ . __....._.-Measured by: X B: Follow-up Inspection 1. Date of last inspection 8/2/2012 2. Any mining since that date? X Yes r No If yes, cite evidence of such mining activity: Changes to stockpile, load of dirt in excavator bucket. 7. Pictures Taken? _ X_Yes 1-7 No Taken by: Digital Camera 8. Was mine operating at time of inspection? X Yes177 No If yes, explain: Equipment was onsite making operations possible. Additional dirt removed from site. Gate open. 9. Is there any off site damage? A. X Yes B. r No C. 1-; None Observed If A describe the type and severity of the damage: A pump located on the property dewaters the pit into 30' buffer on east side (not active). Some sand deposits located there. Stilling basin with level spreader as per permit draft is not installed. Entrance needs construction entrance. If B or C, is there potential for offsite damage?.r Yes r No , Explain 10. Corrective measures needed and/or taken: Resolve permit issues with Raleigh Central Office. Bond was not posted. OR reclaim site via submitting a reclamation plan to this office. 11. Other comments: Refer to NOV dated 02/06/2012. Deadline for compliance was 03/17/2012 Please contact this office immediately., 12. No. of additional pages of Inspection Report 0 21. Copy of Report sent to operator 8/7/2012 INSPECTED BY: Brian Lambe ...DAT,E 8/6/2012 Telephone No: 910-796-7314��' Copy to file :v Copy to operator Copy to Mining Specialist North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section M1NE INSPECTION REPORT (UNPERMITTED MINE) 1. OPERATOR William E. Bellemy Jr & wife, Cheryl Kirby Bellemy 2. COUNTY Brunswick PO Box 2169 Shallotte, NC 28459 3. CASE# 4. LOCATION Hughes Smith Road, Ash 5. PERSON CONTACTED AT SITE: None 6. TYPE INSPECTION r7 A Initial Inspection 1. Size of affected land: ....... 2. How was the area measured? ._._..-.. _ .._.._....,__,__ _...Measured by: L_..._�..._._.__....._._..__ _ X B. Follow-up Inspection I. Date of last inspection 7/23/2012 2. Any mining since that date? X Yes r No If yes, cite evidence of such mining activity: Pit area expanded significantly. New stockpile created. 7. Pictures Taken? _ X_Yes i ; No Taken by: Digital Camera 8. Was mine operating at time of inspection?,X Yes C' No If yes, explain: Equipment was onsite making operations possible. Additional dirt removed from site. Gate open. 9. Is there any off site damage? A. X Yes B. r NO C r None Observed If A describe the type and severity of the damage: A pump located on the property dewaters the pit into 30' buffer on east side. Some sand deposits located there. Stilling basin with level spreader as per permit draft is not installed. Entrance needs construction entrance. If B or C, is there potential for offsite damage? r Yes r No Explain 10. Corrective measures needed and/or taken: Resolve permit issues with Raleigh Central Office. Bond was not posted. OR reclaim site via submitting a reclamation plan to this office. 11. Other comments: Refer to NOV dated 02/06/2012. Deadline for compliance was 03/17/2012 Please contact this office immediately. 12. No. of additional pages of Inspection Report 0 21. INSPECTED BY: Brian LamD TE 8/2/20I2 Telephone No: 910-796=7314 L Copy to file Ql / Copy to operator Copy of Report sent to operator 8/3/2012 Copy to Mining Specialist North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (UNPERMITTED MINE) 1. OPERATOR William E. Bellemy Jr & wife, Cheryl Kirby Bellemy 2. COUNTY Brunswick PO Box 2169 ShaIlotte, NC 28459 3. CASE# 4. LOCATION Hughes Smith Road, Ash 5. PERSON CONTACTED AT SITE: None 6. TYPE INSPECTION i A Initial Inspection 1. Size of affected land: 2. How was the area measured? __. _.__...._____.._ ......,Measured by:1__,_____ X B. Follow-up Inspection 1. Date of last inspection 7/16/2012 2. Any mining since that date? X Yes r No If yes, cite evidence of such mining activity: Different excavator onsite. Pit dug into the pit 5' x 15' x 10' area. Dirt removed from site. 7. Pictures Taken?' _ X_Yes r� No Taken by. Digital Camera 8. Was mine operating at time of inspection? X Yes 177- No if yes, explain: Equipment was onsite making operations possible. Additional dirt removed from site. Gate closed. 9. Is there any off site damage? A. X Yes B. r No C. C None Observed If A describe the type and severity of the damage: A pump located on the property dewaters the pit into 30' buffer on east side. Some sand deposits located there. Stilling basin with level spreader as per permit draft is not installed. Entrance needs construction entrance. If B or C, is there potential for offsite damage? r Yes r No Explain 10. Corrective measures needed and/or taken: Resolve permit issues with Raleigh -Central Office. Bond was not posted. OR reclaim site via submitting a reclamation plan to this office. 11. Other comments: Refer to NOV dated 02/06/2012. Deadline for compliance was 03/17/2012 Please contact this office immediately. 12. No. of additional pages of Inspection Report 0 21. Copy of Report sent to operator 07/23/2012 INSPECTED BY: Brian Lambe DATE 07/23/2012 Telephone No: 910-796-731<�7, Copy to file 1�_' Copy to operator Copy to Mining Specialist North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (UNPERMITTED MINE) 1. OPERATOR William E. Bellemy Jr & wife, Cheryl Kirby Bellemy 2. COUNTY Brunswick PO Box 2169 Shallotte, NC 28459 3. CASE# 4. LOCATION Hughes Smith Road, Ash 5. PERSON CONTACTED AT SITE: None 6. TYPE INSPECTION r A Initial Inspection 1. Size of affected land:..._,._ .... _..._. .._�_._-_... _._ _ 2. How was the area measured?. _..__-_ __.._.__.____'Measured by:. X B. Follow-up Inspection 1. Date of last inspection 7/10/2012 2. Any mining since that date? X Yes Il* No If yes, cite evidence of such mining activity: Freshly excavated soil indicating removal from site. Stockpile is mostly removed. 7. Pictures Taken? _ X_Yes r No Taken by: Digital Camera 8. Was mine operating at time of inspection? X Yes __" No If yes, explain: Equipment was onsite making operations possible. Additional dirt removed from site. Gate closed. 9. Is there any off site damage? A. X Yes B.- . NO C r None Observed If A describe the type and severity of the damage: A pump located on the property dewaters the pit into 30' buffer on east side. Some sand deposits located there. Stilling basin with level spreader as per permit draft is not installed. Entrance needs construction entrance. If B or C, is there potential for offsite damage? r Yes C No Explain 10. Corrective measures needed and/or taken: Resolve permit issues with Raleigh Central Office. Bond was not posted. OR reclaim site via submitting a reclamation plan to this office. 11. Other comments: Refer to NOV dated 02/06/2012. Deadline for compliance was 03/17/2012 12. No. of additional pages of Inspection Report 0 21. Copy of Report sent to operator 07/16/2012 INSPECTED BY: Brian Lambe D TE 07/16/2012 Telephone No: 910-796-7314. Copy to rile Copy to operator Copy to Mining Specialist North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (UNPERMITTED MINE) 1. OPERATOR William E. Bellemy Jr & wife, Cheryl Kirby Bellemy 2. COUNTY Brunswick PO Box 2169 Shallotte, NC 28459 3. CASE# 4. LOCATION Hughes Smith Road, Ash 5. PERSON CONTACTED AT SITE: None 6. TYPE INSPECTION i- A Initial Inspection I. Size of affected land:�___w_________..__.._.: 2. How was the area measured?...._-__..._.... _..._..._...._.._'Measured by: ...-.-.____.-._....__. _ ...__... X B. Follow-up Inspection 1. Date of last inspection 6/18/2012 2. Any mining since that date? X Yes NO If yes, cite evidence of such mining activity: Freshly excavated soil indicating removal from site. 7. Pictures Taken? _X—Yes r No Taken by: Digital Camera 8. Was mine operating at time of inspection? X Yes r71 No If yes, explain: Equipment was onsite making operations possible. Additional dirt removed from site. Additional excavation. 9. Is there any off site damage? A. X Yes B. r No C 1-! None Observed If A describe the type and severity of the damage: A pump located on the property dewaters the pit into 30' buffer on east side. Some sand deposits located there. Stilling basin with level spreader as per permit draft is not installed. Entrance needs construction entrance. If B or C, is there potential for offsite damage? r Yes F-,, No Explain 10. Corrective measures needed and/or taken: Resolve permit issues with Raleigh Central Office. Bond was not posted. OR reclaim site via submitting a reclamation plan to this office. 11. Other comments: Refer to NOV dated 02/06/2012. Deadline for compliance was 03/17/2012 12. No. of additional pages of Inspection Report 0 21. Copy of Report sent to operator 07/06/2012 INSPECTED BY: Brian Lambe DA E 07/02/2012 Telephone No: 910-796-7314�' Copy to file Copy to operator Copy to Mining Specialist North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (UNPERMITTED MINE) 1. OPERATOR William E. Bellemy Jr & wife, Cheryl Kirby Bellemy 2. COUNTY Brunswick PO Box 2169 Shallotte, NC 28459 3. CASE## 4. LOCATION Hughes Smith Road, Ash 5. PERSON CONTACTED AT SITE: None 6. TYPE INSPECTION r A Initial Inspection 1. Size of affected land: 2. How was the area X B. Follow-up inspection 1. Date of last inspection 7/9/2012 'Measured by: ... ___------- - 2. Any mining since that date? X Yes " No If yes, cite evidence of such mining activity: Freshly excavated soil indicating removal from site. 7. Pictures Taken? --Yes r No Taken by: S. Was mine operating at time of inspection? X Yes r No If yes, explain: Equipment was onsite making operations possible. Additional dirt removed from site. Gate open (usually closed). 9. Is there any off site damage? A. X Yes B. C` No C. C! None Observed If A describe the type and severity of the damage: A pump located on the property dewaters the pit into 30' buffer on east side. Some sand deposits located there. Stilling basin'with level spreader as per permit draft is not installed. Entrance needs construction entrance. If B or C, is there potential for offsite damage? r Yes F No Explain 10. Corrective measures needed and/or taken: Resolve permit issues with Raleigh Central Office. Bond was not posted. OR reclaim site via submitting a reclamation plan to this office. 11. Other comments: Refer to NOV dated 02/06/2012. Deadline for compliance was 03/17/2012 12. No. of additional pages of Inspection Report 0 21. Copy of Report sent to operator 07/10/2012 INSPECTED BY: Brian Lamb, DATE 07/10/2012 Telephone No: 910-796-7314 Copy to file Copy to operator Copy to Mining Specialist North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (UNPERMITTED MINE) 1. OPERATOR William E. Bellemy Jr & wife, Cheryl Kirby Bellemy , 2. COUNTY Brunswick PO Box 2169 Shallotte, NC 28459 3. CASE# 4. LOCATION Hughes Smith Road, Ash 5. PERSON CONTACTED AT SITE: None 6. TYPE INSPECTION r A Initial Inspection 1. Size of affected land:--._�_`_'"—_�__..—...__._ 2. How was the area measured?1.—______ _..____.._Measured by: X B. Follow-up Inspection 1. Date of last inspection 6/18/2012 .2. Any mining since that date? X Yes C- No If yes, cite evidence of such mining activity: Freshly excavated soil indicating removal from site. 7. Pictures Taken? X Yes i" No Y� Digital Taken b . _ _ g�tal Camera 8. Was mine operating at time of inspection? X Yes C No If yes, explain: Equipment was onsite making operations possible. Additional dirt removed from site. Additional excavation. 9. Is there any off site .damage? A. X Yes B. r No C G None Observed If A describe the type and severity of the damage: A pump located on the property dewaters the pit into 30' buffer on east side. Some sand deposits located there. Stilling basin with level spreader as per permit draft is not installed. Entrance needs construction entrance. If B or C, is there potential for offsite damage? 1-, Yes r No Explain 10. Corrective measures needed and/or taken: Resolve permit issues with Raleigh Central Office. - Bond was not posted. OR reclaim site via submitting a reclamation plan to this office. 1.1. Other comments: Refer to NOV dated 02/06/2012. Deadline for compliance was 03/1.7/2012 12. No. of additional pages of Inspection Report 0 21. Copy of Report sent to operator 06/28/2012 INSPECTED BY: Brian Lambe DATE 06/28/2012 Telephone No: 910-796-7314 12-1 Copy to file ` \J Copy to operator Copy to Mining Specialist North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (UNPERMITTED MINE) 1. OPERATOR William E. Bellemy Jr & wife, Cheryl Kirby Bellemy 2. COUNTY Brunswick PO Box 2169 Shallotte, NC 28459 3. CASE# 4. LOCATION Hughes Smith Road, Ash 5. PERSON CONTACTED AT SITE: Bellemy's son 6. TYPE INSPECTION r A Initial Inspection 1. Size of affected land: I_.. 2. How was the area measured?I- -- -- _Measured by: - - -- X B. Follow-up Inspection 1. Date of last inspection 5/31/2012 2. Any mining since that date? X Yes r No if yes, cite evidence of such mining activity: Currently loading a truck with dirt and pulled away. 7. Pictures Taken? _X Yes - No Taken by: Digital Camera 8. Was mine operating at time of inspection? X Yes C NO If yes, explain: Equipment was onsite making operations possible. Additional dirt removed from site. Additional excavation. Dirt removed from site. Told person onsite that he wasn't allowed to be mining without a bonded permit. 9. Is there any off site damage? A. X Yes B. 1-, No C C_ None Observed If A describe the type and severity of the damage: A pump located on the property dewaters the pit into 30' buffer on east side. Some sand deposits located there. Stilling basin with level spreader as per permit draft is not installed. Entrance needs construction entrance. If B or C, is there potential for offsite damage? r Yes F No Explain 10. Corrective measures needed and/or taken: Resolve permit issues with Raleigh Central Office. Bond was not posted. OR reclaim site via submitting a reclamation plan to this office. 11. Other comments: Refer to NOV dated 02/06/2012. Deadline for compliance was 03/17/2012 12. No. of additional pages of Inspection Report 0 21. Copy of Report sent to operator 06/18/2012 INSPECTED BY: Brian Lam DATE 06/18/2012 Telephone No: 910-796-7314 Copy to file Copy to operator Copy to Mining Specialist North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (UNPERMITTED MINE) 1. OPERATOR William E. Bellemy Jr & wife, Cheryl Kirby Bellemy 2. COUNTY Brunswick PO Box 2169 Shallotte, NC 28459 . 3. CASE# 4..LOCATION Hughes Smith Road, Ash 5. PERSON CONTACTED AT SITE: None 6. TYPE INSPECTION i ! A Initial Inspection 1. Size of affected land: s 2. How was the area measured;—__. - - - ­--­---_._..__._.__ilt+Ieasured by:. ...... ___.._.-..----__---_ -_ X B. Follow-up Inspection 1. Date of last inspection 04/25/2012 2. Any mining since that date? X Yes r No If yes, cite evidence of such mining activity: After removal of previous stockpiles, additional material has been excavated from the pit and stockpiled adjacent to the pit. 7. Pictures Taken? `Yes r No Taken by: 8. Was mine operating at time of inspection? XYes NO If yes, explain: Equipment was onsite making operations possible. Additional dirt removed from site. Additional excavation. 9. Is there any off site damage? A. X Yes B. No C r None Observed If A describe the type and severity of the damage: A pump located on the property dewaters the pit into 30' buffer on east side. Some sand deposits located there. Stilling basin with level spreader as per permit draft is not installed. If B or C, is there potential for offsite damage? 17. Yes C' No Explain 10. Corrective measures needed and/or taken: Resolve permit issues with Raleigh Central Office. Bond was not posted. OR reclaim site via submitting a reclamation plan to this office. 11. Other comments: Refer to NOV dated 02/06/2012. Deadline for compliance was 03/17/2012 12. No. of additional pages of Inspection'Report 0 21. INSPECTED BY: Brian La7FCo E 05/31/2012 Telephone No: 910-796-73 Copy to file py to operator Copy of Report sent to operator 05/31/2012 Copy to Mining Specialist North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (UNPERMITTED MINE) 1. OPERATOR William E. Bellemy Jr & wife, Cheryl Kirby Bellemy 2. COUNTY Brunswick PO Box 2169 Shallotte, NC 28459 3. CASE# 4. LOCATION Hughes Smith Road, Ash 5. PERSON CONTACTED AT SITE: None 6. TYPE INSPECTION F- A Initial Inspection �" 1. Size of affected land: I ........ 2. How was the area measured?.M.-________.__._..:Measured by: X B. Follow-up Inspection 1. Date of last inspection 04/25/2012 2. Any mining since that date? X Yes r No If yes, cite evidence of such mining activity: After removal of previous stockpiles, additional material has been excavated from the pit and stockpiled adjacent to the pit. 7. Pictures Taken? _Yes P7 No Taken by: 8. Was mine operating at time of inspection? X Yes C` No If yes, explain: Equipment was onsite making operations possible._ Additional dirt removed from site. Additional excavation. 9. Is there any off site damage? A. X Yes B. r No C. r None Observed If A describe the type and severity of the damage: A pump located on the property dewaters the pit into 30' buffer on east side. Some sand deposits located there. Stilling basin with level spreader as per permit draft is not installed. If B or C, is there potential for offsite damage? r Yes (" � No Explain 10. Corrective measures needed and/or taken: Resolve permit issues with Raleigh Central Office. Bond was not posted. OR reclaim site via submitting a reclamation plan to this office. 11. Other comments: Refer to NOV dated 02/06/2012. Deadline for compliance was 03/17/2012 12. No. of additional pages of Inspection Report 0 21. Copy of Report sent to operator 05/23/2012 INSPECTED BY: Brian Lam,D E 05/23/2012 Telephone No: 910-796-7314 Copy to file opy to operator Copy to Mining Specialist North Carolina Department of Envirorunent and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (UNPERMITTED MINE) 1. OPERATOR William E. Bellemy Jr & wife, Cheryl Kirby Bellemy 2. COUNTY Brunswick PO Box 2169 Shallotte, NC 28459 3. CASE# 4. LOCATION Hughes Smith Road, Ash 5. PERSON CONTACTED AT SITE: None 6. TYPE INSPECTION F A Initial Inspection 1. Size of affected land: 2. How was the area measured?F____,_.:___....___.._.—_Measured by: i X B. Follow-up Inspection 1. Date of last inspection 02/23/2012 2. Any mining since that date? X Yes r No If yes, cite evidence of such mining activity: Most of the existing stockpile has been removed from the site. 7. Pictures Taken? Yes r No Taken by: Digital Camera 8. Was mine operating at time of inspection? X Yes r' No If yes, explain: Equipment was onsite making operations possible. Additional dirt removed from site. 9. Is there any off site damage? A. X Yes - B. r__: No C. r_ None Observed If A describe the type and severity of the damage: A pump located on the property dewaters the pit into 30' buffer on east side. Some sand deposits located there. Stilling basin with level spreader as per permit draft is not installed. If B or C, is there potential for offsite damage? E Yes r No Explain 10. Corrective measures needed and/or taken: Resolve permit issues with Raleigh Central Office. Bond was not posted. OR reclaim site. 11. Other comments: Refer to NOV dated 02/06/2012. Deadline for compliance is 03/17/2012 12. No. of additional pages of Inspection Report 0 21. Copy of Report sent to operator 04/25/2012 INSPECTED BY: Brian Lambe DATE 04/25/2012 Telephone No: 910-796-7314 ) Copy to file Copy to operator Copy to Mining Specialist North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (UNPERMITTED MINE) 1. OPERATOR William E. Bellemy Jr & wife, Cheryl Kirby Bellemy 2. COUNTY Brunswick PO Box 2169 Shallotte, NC 28459 3. CASE# 4. LOCATION Hughes Smith Road, Ash 5. PERSON CONTACTED AT SITE: None 6. TYPE INSPECTION r A Initial Inspection 1. Size of affected land:. 2. How was the area measured?F - ..- _. _Measured by: X B. Follow-up Inspection 1. Date of last inspection 04/25/2012 2. ,Any mining since that date? X Yes r No If yes, cite evidence of such mining activity: After removal of previous stockpiles, additional material has been excavated from the pit and stockpiled adjacent to the pit. 7. Pictures Taken? _X—Yes C NO Taken by: Digital Camera S. Was mine operating at time of inspection? X Yes r No If yes, explain: Equipment was onsite making operations possible. Additional dirt removed from site. Additional excavation. 9. Is there any off site damage? A. X Yes B. G No C. r None Observed If A describe the type and severity of the damage: A pump located on the property dewaters the pit into 30' buffer on east side. Some sand deposits located there. Stilling basin with level spreader as per permit draft is not installed. If B or C, is there potential for offsite damage? r' Yes r° No Explain 10. Corrective measures needed and/or taken: Resolve permit issues with Raleigh Central Office. Bond was not posted. OR reclaim site via submitting a reclamation plan to this office. 11. Other comments: Refer to NOV dated 02/06/2012. Deadline for compliance was 03/17/2012 12. No. of additional pages of Inspection Report 0 21. 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Kl15KE & 3NSTAli oqq aI NORRIS, KUSKE & TUNSTALL owbim: NOTES & DETAILS i Q� _ 90 9T 1� eRs. s>?t,uuxa soNS,xnv:. - I CONSULTING ENGINEERS, INC. s �H�� HUGHES SMITH ROAD -PIT #2 �: o %i z �9 _o's` °°= m sox unRREr smPe PHONE �u-sesa BRUNSWICK COUNTY v PROPERTY LINE aA w—'s Ad � � a O - 2 z .Z1 O17 27 'v z m �r Dm z� C) m A REYI *w Qzm NOI K57KE & INSTPIL °9 ; mw NORRIS, KUSKE & TUNSTALL OWNER: NOTES & DETAILS s 'f= - �_ CONSULTING ENGINEERS, INC. � iu.aulnurmsaus LSL. sw A $N�x„ts HUGHES SMITH ROAD - PIT #2 9L� sox LNRNEf srRE>=r PHONE (etD) 3a3-essa BRLINSWICK COUNTY 4Duoug mauQ Z D (n O �() C)<Z m 0O0Ov�o I < - nimOOZ -<m (n > ?Z2 Zy ZmO1 m Z D D m Z m of-*c)zm rZ�ZC- - m m -0 C) m <m� 0Z� i mm M-noZ m �m m z o = o D D -4 r m m m m m 0 0 m O D Z I] Z m N (V O O cn D m V , 0 it 0 w a �1140Nb0 c mn; T. v! r o Z (Nn o m 1- CG a Z 30Md2i1N3 3 X0?lddd D m 31 OZ6 m a m m c' C r^ Z N oZr � O Z r - T O � z S w� 0 '0 O .Q N me r_lFrn m ct RPA 0<61) �O OD 0 rn oz I C rn U) rn \m �p A z I 0 E czi m C 2• 60' J pL< AVM3Alb0 Z Nz� oZ: Z z a \ N 1 DREW STREET NW N .+ li 7 SYMBOL I DATE I DESCRIPTION I BY REVISIONS Q 2009 NORRIS, KUSKE & TUNSTALL NORRIS, KUSKE & TUNSTALL OWNER: BILL BELLAMY &SON ""''`°••°� A x ��� P �Q9� r7 ' o A BILL BELLAMY & SONS, INC. 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Bill Bellamy and Sons Inc. PO Box 2169 Shallotte, NC 28459 RE: Mining Permit No. 10-85 Hughes -Smith Road Pit No. 2 Brunswick County Dear Bill Bellamy and Sons Inc.: ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the ' permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4, 2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site or for the duration of the lease term. The "fife of site" means the period from the initial receipt of a permit for the operation until the mining operation terminates and the required reclamation is completed. Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior expiration date to convert your permit to a life of site or lease permit effective immediately, No action is required on your part for this modification to be effective. Please attach this letter to your existing mining ermit for future reference. The mine name and permit number on the permit document, and all existing operating and reclamation conditions contained therein, shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new, transferred and modified mining permits. In addition to the life of site or lease ruining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee of $400 per ruining permit number. By statute, the initial payment of this annual $400 fee must be submitted to this office by December 31, 2017 — see the attached Invoice to remit the initial annual fee payment by this deadline, Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required Annual Reclamation Report as required by GS §74-55, Failure to submit the fee by the required deadline will result in a $50/month late fee and could result in the denial of future permit actions and/or revocation of your mining permit. Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been raised from $500,000 to $1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations remains with you. Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy Wehner, Assistant State Mining Specialist, or me at (919) 707-9220, Sincerely,,' William "Toby" Vinson, Jr., PE, CPM Interim Director, DEMLR State or North Carolina I Environmental Quality I Energy, Mineral and Land Resources 512 K Salisbury Street ¢ ItO Mall Service Center I Raleigh, North Carolina 27699-1612 419 707 9200 , % August 20, 2012 IL i' MEMORANDUM TO: File FROM: Brenda M. Harris, Secretary SUBJECT: Notice of Issuance of Mining Permit A copy of the attached "Notice of Issuance of Mining Permit" was sent to all people listed in the Affidavit of Notification and any additional people who sent in letters. If a public hearing was held, a copy of the "Notice of Issuance of Mining Permit" was sent to all people who signed the sign in sheet at the public hearing. My initials, written in red, will be beside the names of the people in the file who were sent this "Notice". Cc: Mr_ Dan Sams ion L NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and land Resources Land Quality Section Tracy E, Davis, PE, CPM Director Mr. William E. Bellamy, Jr. Bill Bellamy and Sons, Inc. PO Box 2169 Shallotte, North Carolina 28459 Re: Hughes -Smith Road Pit No. 2 Brunswick County Lumber River Basin Dear Mr. Bellamy. Beverly Eaves Perdue, Governor August 16, 2012 Dee Freeman, Secretary The application for a mining permit for the above referenced mine site has been found to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As we have received the required security to cover this application, I am enclosing the mining permit. The conditions of Mining Permit No. 10-85 were based primarily upon information supplied in the application with conditions added as necessary to insure compliance with The Mining Act of 1971. This permit expires on August 16, 2022. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage at this site is 10.39 acres and the amount of land you are approved to disturb is 7.15 acres. Please note that Condition 4D requires that the level spreaders as shown on the revised mine map received by the Land Quality Section on July 16, 2009 and July 20, 2009 be installed immediately. Please review the permit and contact Judy Wehner, Assistant State Mining Specialist, at (919) 707-9220 of any objection or questions concerning the terms of the permit. f Sincerely, J net S. Boyer, PE tate Mining Specialist nd Quality Section JSBljw Enclosures cc: Mr. Dan Sams, PE Ms. Shannon Deaton -WRC, wlpermit Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures US Fish and Wildlife Service, wl permit 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 919-707-9220I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet; httpa! ortal.ncdenr.orgtweb/Ir/iand-Quality An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled ! 10% Post Consumer Paper t DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Bill Bellamy and Sons Inc. Hughes -Smith Road Pit No. 2 Brunswick County - Permit No. 10-85 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: August 16 2022 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Deo:Lrtment of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S, 74-49. Expiration Date This permit shall be effective from the date of its issuance until August 16, 2022, Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the, Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 1 A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any take, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. C. Mining activities shall occur as indicated on the revised mine map received by the Land Quality Section on July 16, 2009 and July 20, 2009 and the supplemental information received by the Land Quality Section on May 26, 2009, July 16 2009 and July 20, 2009. D. The level spreaders as shown on the revised mine map received by the Land Quality Section on July 16, 2009 and July 20, 2009 must be installed immediately. 5. All affected area boundaries (7.15 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. in any event, exposed slopes or any excavated channels, the erosion of which 0 Page 4 may cause off -site damage because of siltation, shall be planted or otherwise provided _L with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 30 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on -site disposal of refuse or ot}ier solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; Page 5 4. - verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 10 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $5,100.00 Assignment of Savings Account, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable. obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIO 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface_ suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter belovythe water line. It C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled -and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through 101D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15- April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October 25 Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye (grain- temporary) 120 Soil Amendments Lime 2000 lbs/acre or follow recommendations from a soil test. Fertilizer - 1000 lbs/acre B-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibs/acre and anchored appropriately. Page 8 Whenever possible, disturbed areas should be vegetated with native warm season i grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat. at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. - Permit issued this 16th day of August, 2022. By. t silk Tracy E. Davis, Director Division tnergy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application for a mining permit filed by Bill Bellamy and Sons, Inc. to conduct mining activities off SR 1322 (Hughes Smith Road) in Brunswick County. The mining permit (no. 10-85) was issued on August 16, 2012, North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in.the Office of Administrative Hearings pursuant to N.C.G.S. 150E-23 of the Administrative Procedure Act (APA).' If you believe that you are an aggrieved party within the meaning of the APA, a petition for a contested case must be filed in the Office of Administrative Hearings within sixty'(60) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 150B-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 431-3000. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Mr. William Cary, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. z J, , E. Davis Wision of Energy, Mineral, and Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on 1 Z Brenda Harris Mining Program Secretary Boyer, Janet From: Boyer, Janet Sent: Thursday, August 16, 2012 9:23 AM To: Lambe, Brian Subject: RE: Wiliam Bellamy mine (Hughes Smith 92) Brian, We received the required bond from Mr. Bellamy. You mentioned that he has not installed level spreaders. We will add a condition that requires him to do so immediately. It appears that he is operating in the footprint of the mining boundaries applied for. Can you please confirm this? Thanks, Janet Janet S. Boyer, P.E. - Janet.Boyer@ncdenr.gov State Mining Specialist North Carolina Dept. of Environment and Natural Resources Division of Energy, Mineral, and Land Resources - Land Quality Section 512 N. Salisbury Street Raleigh, North Carolina 27604 Tel: 919-707-9220 Fax: 919-715-8801 Notice: Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Lambe, Brian Sent: Tuesday, August 07, 2012 2:05 PM To: Boyer, Janet Subject: RE: William Bellamy mine (Hughes Smith #2) I have been doing inspections every week to avoid raving to write new NOVs. Also, I am unclear whether "mining" continues over the week or only when I document it. I have been told several times to repeat the entire permit condition on the inspection report. I do not agree with the not proceeding with civil penalty. He has received three NOVs for the same pit for mining without a permit over the period of three years. I also do not agree with allowing him to bond the draft permit considering other cases in which a mining permit was expired, still bonded, yet was required to pay a new permit fee (Russ). But that's my 1.5 cents, you're the boss. Thanks forgetting this resolved.:} Brian From: Boyer, Janet Sent: Tuesday, August 07, 2012 1:47 PM To: Lambe, Brian Subject: RE: William Bellamy mine (Hughes Smith #2) I don't see a geed for inspections every week. I would say 2/month max. I suggest that you wait about a week until we see if the bond comes in the mail in the next few days(I will let you know). Then we will review the file and try to issue the permit. We cannot enforce a draft permit. It is essentially mining without a permit until the permit is issued. Assuming we can get the permit issued, then re -inspect and send an inspection report clearly stating corrective actions for any operating condition violations (with a deadline), There is no need to repeat the entire permit condition in an inspection report. Just cite the number and describe how they are violating that condition. Re -inspect after the deadline and if necessary issue a NOV for those issues,...assuming Dan agrees. If he gave me the correct information, I don't see the need to proceed with assessing a civil penalty. If we don't receive the bond in a few days, then we will proceed. Janet S. Boyer, P.E. - Janet. Boyer@ncdenr.eov State Mining Specialist North Carolina Dept. of Environment and Natural Resources Division of Energy, Mineral, and Land Resources - Land Quality Section 512 N. Salisbury Street Raleigh, North Carolina 27604 Tel: 919-707-9220 Fax: 919-715-8801 Notice: Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Lambe, Brian Sent: Tuesday, August 07, 2012 1:30 PM To: Boyer, Janet Subject: RE William Bellamy mine (Hughes Smith #2) Am I to continue to go to the site every week assuming we are continuing with enforcement, at least until the bond is instated? On his draft permit, he is to have a dewatering level spreader that is not installed. What do I do about that and other issues (construction entrance)? How are we proceeding? From: Boyer, Janet Sent: Tuesday, August 07, 2012 11:40 AM To: Lambe, Brian; Sams, Dan Cc: Oliver, Jane Subject: RE: William Bellamy mine (Hughes Smith #2) I spoke with Mr. Bellamy this morning. He said that he signed the papers for Assignment of Savings at BB&T on Thursday and the bank was to mail it to us. I will look for it and let you know. Janet Janet S. Boyer, P.E. - Janet. Boyer@ncdenr.eov State Mining Specialist North Carolina Dept. of Environment and Natural Resources Division of Energy, Mineral, and Land Resources - Land Quality Section 512 N. Salisbury Street Raleigh, North Carolina 27604 Tel: 919-707-9220 Fax: 919-715-8801 Notice: Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation.. From: Lambe, Brian Sent: Tuesday, August 07, 2012 10:46 AM To: Sams, Dan Cc: Boyer, Janet; Oliver, Jane Subject: RE: William Bellamy mine (Hughes Smith #2) More mining From: Sams, Dan Sent: Friday, August 03, 2012 4:19 PM To: Boyer, Janet; Oliver, Jane Cc: Nevils, Mell; Wehner, Judy; Rodgers, Ashley; Lambe, Brian Subject: FW: William Bellamy mine (Hughes Smith #2) Janet and Jane: The mining continues without benefit of bond. Thanks.... dan.sams From: Lambe, Brian Sent: Friday, August 03, 2012 10:20 AM To: Sams, Dan Subject: RE: William Bellamy mine (Hughes Smith #2) Additional mining inspections. Please forward to appropriate persons. Thanks. From: Sams, Dan Sent: Monday, May 07, 2012 3:22 PM To: Boyer, Janet; Oliver, Jane Cc: Nevils, Mell; Lambe, Brian Subject: FW: William Bellamy mine (Hughes Smith #2) Janet and Jane: William Bellamy has continued his unpermitted mining activity. We would like to include the subsequent inspections as part of his civil penalty for the mining violations. Thanks.... da n.sams From: Lambe, Brian Sent: Monday, May 07, 2012 3:08 PM To: Sams, Dan Subject: william bellamy mine (hughes smith #2) Mr. Bellamy continues to mine the site that was never permitted because he didn't post a bond. I have documented movement of dirt several times since he received the NOV in February. The enforcement package was sent March 22, 2012. Additional days of inspection are: 51712012, 4/10/2012, and 4/25/2012. Please forward this email to Raleigh. Brian Lambe Enviromental Specialist NCDENR - Division of Land Resources - Land Quality Section 127 Cardinal Or Extension Wilmington, NC 28405 (910)796-7314 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. A , 7iA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Sectlon James D. Simons, PG, PE Director and State Geologist September 29, 2009 Mr. William E. Bellamy, Jr. Bill Bellamy and Sons Inc. PO Box 2169 Shallotte, North Carolina 28459 Re: Hughes -Smith Road Pit No, 2 (Draft Permit) Brunswick County Lumber River Basin Dear Mr. Bellamy: Beverly Eaves Perdue, Governor Dee Freeman, Secretary Your application for a mining permit for the above referenced mine site has been reviewed but not yet approved. Enclosed is a draft of the mining permit proposed by the Department. The conditions in the draft permit were based primarily upon information supplied in your application. Other necessary conditions may have been added to ensure compliance with The Mining Act of 1971, The reclamation bond has been calculated for this site using the information submitted in the application (see enclosed worksheet). The bond amount for this site is $5,100.00. The bond is required before the permit can be issued, For your convenience, I have enclosed a bond form, an assignment of a savings account form and an irrevocable standby letter of credit form. The name on the security form must be the same as the name appearing on the enclosed draft permit, i.e., Bill Bellamy and Sons, Inc. In addition to one of these alternatives you may, upon request, substitute a cash deposit. Please review the enclosed draft permit and the reclamation bond worksheet, and contact this office should you have any objections or questions concerning the permit conditions. G.S. 74-51 provides that the operator has sixty (60) days following the mailing of a notice of the required bond in which to file the required surety. The permit cannot be issued until the required security has been received. No mining may be conducted until the permit is issued. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-45741 FAX 919.733.2876 512 North Salisbury Street, Raleigh, North Carolina, 276€i4 • Intemet:hdp:]Nvww.dir.enr.state.nc.uslpage,5Aandqualitysection.html An Equal opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Mr. Bellamy Page Two Please contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 if you have any questions. Sincerely, loyd R. Williams, PG, CPG, CPM State Mitring Specialist Land Quality Section FRWrlw Enclosures cc: Mr. Dan Sams, PE File G 0 • DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT ,, for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Bill Bellamy and Sons Inc. Hughes -Smith Road Pit No. 2 Brunswick County - Permit No. * for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE* 2019 . Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee`s successor is not. complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until *, 2019. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. • Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. C. Mining activities shall occur as indicated on the revised mine map received by the Land Quality Section on July 16, 2009 and July 20, 2009- and the supplemental information received by the Land Quality Section on May 26, 2009, July 16 2009 and July 20, 2009. 5. All affected area boundaries (7.15 acres) shall be permanently marked at the site on .100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 0 Page 4 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine. and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 30 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on -site disposal of refuse or other solid waste.that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. 0 Page 5 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $*.00 * bond, is sufficient to cover the operation as indicated in the approved application. This security must remain ,in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources.- B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. 0 • Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all . excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. t Page 7 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through 101D. E. The affected land shall be graded to prevent' the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas'shail be revegetated as per the following: Permanent Seeding Specifications Dates February 15- April 1 April 1- July 31 August 1- October 25 October 25- February 15 Soil Amendments Species Rate, Lbs/Acre Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 Common Bermuda 50 Lespedeza (unscarified) 30 German millet 40 Rye (grain- temporary) - 120 Lime - 2000 Ibslacre or follow recommendations from a soil test. Fertilizer - 1000 Ibslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibslacre and anchored appropriately, • 0 Page 8 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit issued this *th day of * 2009. James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources APPLICATION FOR a MININ PER.ti[IT E. DETERMINATION OF AFFECTED ACREAGE A.YD BOND The following bond calculation worksheet is to be used to establish an appropriate :7oncl !based anon a range of Sj00 to 3S.000 per affected acre! for each permitted mine site based upon the acreage approved by the Department to be affected during thelife of the, mining permit. Please insert the proximate kreaee. breach ncnprt of the mining oneration. that you intend to atfect durinQ the life of this mining nermit tin addition niencv insert the =Drovrrate rectarnanon cost/acre for each cateeory from the Scheaule of Keclamation Costs AFFECTED RECLAMATION RECL.kvL-#TION CATEGORY ACREAGE COSTIACRE* COST Tailings/Sediment Ponds: . i Ac. X $ UOi1D_ /Ac. — S 6 0 Stockpiles: Ac. X S /Ac. — S Wastepiles: Ac. X S /Ac. — S Processing ArewHaul Roads: a3 Ac. X S /$ 00" /Ac. _ .S _ 17q .00 Mine Excavation: dP-,qfZ� Ac. X S VOW" /Ac. — S 3 a'S'S. 00 Other: I—Ac— X S 18Op°n /Ac. — $ Asti 00 TOTAL AFFECTED AC.: 07. j'S Ac. (TOTAL PERINUTTED AC.: 10.34 Ac.) TemRprary & Permanent Sedimentation & Erosion Control -Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that grain into roposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will P needed to nrevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage' 7 1 Ac. b) Positive Drainage _ 0 Ac. X $11.500.00 = S _ -a 00 SUBTOTAL, COST: S 305 Inflation Factor: 0.02 X SUBTOTAL COST: $ 4303 0 X Permit Life (I to 10 years): to INFLATION COST: S 8tp . (a 0 TOTAL COST = SUBTOTAL COST+ INFLATION COST = S_ Total Reclamation Bond Cost: S 6106�J (round down to the nearest S100.00) i i • Wehner, Judy From: Wehner, Judy Sent: Thursday, September 02, 2010 10:55 AM To: Wehner, Judy; Jody Bland; 'Judy Wehner'; Mills, Nick Cc: 'Phil Norris' Subject: RE: Hughes Smith Rd. Mine Pit #2 - Bellamy & Sons It's an Assignment of Savings Account so it will have to be redone. From: Wehner, Judy Sent: Thursday, September 02, 2010 10:44 AM To: 'Jody Bland'; 'Judy Wehner'; nicholas.mills@ncdenr.gov Cc: 'Phil Norris' Subject: RE: Hughes Smith Rd. Mine Pit #2 - Bellamy & Sons Jody I just thought of something. We will have to return the bond to him because the company name will change from Bellamy Sand Company to Bill Bellamy and Sons Inc. From: Jody Bland [mailto:jbland@nkteng.com] Sent: Thursday, September 02, 2010 10:40 AM To: Wehner, Judy; 'Judy Wehner; nicholas.mills@ncdenr.gov Cc: 'Phil Norris' Subject: Hughes Smith Rd, Mine Pit #2 - Bellamy & Sons Hi Judy, This is just to confirm our conversation this morning regarding Bellamy Sand Company/ Bill Bellamy & Sons Construction sand pits. Mr. Bellamy has decided to reclaim the "family pit" off.of Hickman Rd. permit #10-23. He asked that the bond from that pit instead of being released be transferred to the Hughes Smith Rd. Mine Pit #2. As we discussed I will have the release request form, which can be found on the DLO website, executed by Mr. Bellamy along with a letter stating the intent of the bond transfer. Thank you for the help in this matter and if you need any additional information please do not hesitate to contact me. Thanks, Jody Bland ,A' N-ORPIS. KusKE�`i'UNST'ALL Wilmington Office - 910-343-9653 Brunswick Office - Q 10-287-5900, Mobile - 910-512-8 t 48 It is the professional opinion of Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris, Kuske & Tunstall makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris, Kuske & Tunstall in the preparation of such data. 0 NORRIS, KUSKE TUNSTALL CONSULTING ENGINEERS. INC. September 2, 2010 Ms. Judy Wehner NC DENR Land Quality Section Division of Land Resources 1612 Mail Service Center Raleigh. NC 27699-1612 Re: Hughes Smith Road Mine #2 Brunswick County NKT Project No. 09008 Dear Ms. Wehner, J. Phillip Norris, P.E. John A. Kuske, III, P.E. John S.Tunstall, Pt=. J.A. Kuske. PE. of Counsel E Q 11,4 ; At , I Recently Nicholas Mills with NCDENR DLQ performed a reclamation inspection of the Bellamy Sand Mine off of Hickman Road in Brunswick County, NC. The mine permit number is 10-23. Mr. Bellamy would like to request a release of that mine and that the provided bond be transferred to the application for Bill Bellamy & Sons Hughes Smith Road Mine #2 for final execution. Based on conversations with you, the aforementioned bond is actually an assignment of savings account. Therefore upon release, Mr. Bellamy will apply his portion of the original assignment of savings account to the new assignment of savings account under Bill Bellamy & Sons for the Hughes Smith Road Mine #2. Please contact us if you have any questions or comments. Thank you for your assistance on this project. Sincerely, NORRIS, KUSKE & TUNSTALL CONSULTING ENGINEERS, INC. r Joseph K. Bland, Project Manager JKB/neh 09008 09-02-10 mine bond ltr CC" Mr. Bill Bellamy / Bill Bellamy & Sons Mr, Nicholas Mills / NCDENR DLQ 902 Market Street -Wilmington, NC 28401-4733 • Phone: 910.343.9653 • Fax: 910.343.9604 Wehner, Judy From: Willis, Linda Sent: Wednesday, September 16, 2009 4:08 PM To: Wehner, Judy Cc: Bennett, Bradley Subject: Hughes -Smith Road Mine #2 Judy, The 0 & M looks good. I'll support issuance of NPDES permit when we receive the Notice of Intent, Thanks Linda Willis Wehner; Judy ■rurm Mri muinr From: Jody Bland Ubland@nkteng.com] Sent: Thursday, September 03, 2009 4:26 PM To: Linda.wiilis@ncmail.net Subject: Bellamy Mine - Hughes Smith Rd. - Brunswick County Hi Linda, We recently received a letter from DLQ indicating to provide the required bond for the aforementioned mine along with approval from DWQ regarding the dewatering permit prior to the issuance of the DLQ mining permit. Therefore I would like to inquire on the status of the review of this DWQ permit. My client is currently in the process of finalizing his bond and the last remaining item will be your approval. Please let me know if you need any additional information regarding the dewatering permit. Thanks, Jody Bland �` \ORRIS. KUSKE ``"I'UNSTALL Wilmington Office - 910-343-9653 Brunswick Office - 910-287-5900 Mobile - 910-512-8148 ■ Complete items 1, 2, arW9. Also complete item 4 if Restricted Delivery is desired. 0 Fldnt your name and address on the reverse so that we can return the card to you. ■ Attach thts card to the back of the mallptece, or on the front if space permtts.. t. Article Addressed to: MR WILLIAM E BELLAMY JR " BILL BELLAMY AND SONS INC PO BOX 2169 " SHALLOTTE NC 28119 A. Signature X ❑ Agent ❑ Addressee Is delivery addrem n YEc,, en de I 0 Z r 1c AUG Remtpt for Mwuharrmse l ❑ lnsured Mau A3 C.O.D. `a. Restricted D~ Pit Feat 0 Yes 2, ArtiaeN nbw 71308 1300 001311 1122 809� {Transfer tram service tabeJ} PS Form 3811, February 2004 tic Return Rac elpt UNITED STATES IN TAL SERVICE First -Gass Mail US=r & Fees Paid Permit No. CPA 0 • Sender: Please print your name, address, and ZIP+4 in this box 0 DENR-DIVISION OF LAND RESOURCES LAND QUALITY SECTION 1612 MAIN SERVICE CENTER RAkRIGH N"; 97999_1612 L1111hIII Ill„i11tAIIII„Iii,li,Is��li��i,l4� „l��fri11111 NCD R North Carolina Department of Environment and Natural Resources Division of Land Resources Land QUWlty Section James D. Simons, PG, PE Director and State Geologist August 18, 2009 Certified Mail Return Receipt Requested 7008 1300 0000 1122 8092 Mr. William E. Bellamy, Jr. Bill Bellamy and Sons Inc. PO Box 2169 Shallotte, North Carolina 28459 RE: Hughes -Smith Road Pit No. 2 Brunswick County Lumber River Basin Dear Mr. Bellamy: Beverly Eaves Perdue, Governor Dee Freeman, Secretary We have reviewed the additional information and application your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: Provide proof that your company has an approvable Operation and Maintenance Plan from the Division of Water Quality. Please note, the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. The reclamation bond has been calculated using the information submitted on the mine map. The reclamation bond for this site would be $5,100.00. The calculation worksheet is enclosed for your review and the new bond will be required prior to approval of this request. For your convenience, I have enclosed a bond form, an assignment of a savings account form and irrevocable standby letter of credit form for your use in securing the required bond. The name on the security must be the same as the name appearing on the application for a mining permit, i.e., Bill Bellamy and Sons Inc In addition to one of these alternatives, you may, upon request, substitute a cash deposit. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity !Affirmative Adio . Employer— 50% Recycled 140% Post Consumer Paper Certified Mail Mr. Bellamy Page 2 Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In order to complete the processing of your application, please forward two (2) copies of the requested information and the bond to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions Sincerely, 4 Judith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosures: Bond Forms Bond Calculation Worksheet CC" Mr. Dan Sams, PE Mr. Joseph Bland -- Norris, Kuske, & Tunstall, 1429 Ash Little River Rd., Ash, NC 28420 -kYYL.'(_AI lU:v ri)K .\ ill `+I r(, :'"'_itlll i .. E; DETERti INAFION OF AFI~ ED ACUAGE AND BOND 171e toilowin;;:ond caicuiation'Vorksheer is to ne used to estaplisn an aparooriu.,& :"On d ^used rrovrr .t run e 0 ,SJ00 to SJ,JOO per ltfee!ed acre) eac.7 permitted mine sire based :icon :he .:creuge Lrpprovecl ,�v the Department ro oe atfec.ed during the life of the mining permit. Please insert the ar��rn_rirrrate ucrea e. r1r each aaDec! of the mininv or)eration. rear Volt intend to arfor'f.nlrinv the l ita .it this mipwmk _vr oait fir, CATEGORY Tailings/Sediment Ponds: Stockpiles: Wastepiles: Processing Area/ Roads: Mine Excavation: Other: TOTAL. AFFECTED AC.: AFFECTED RECLAINIATION :ACREAGE COST/ACRE .1 Ac. `C S 6-00 `° :'Ac. Ac. Ac. .q3 AC.' lO .q' Ac. I3 Ac. ?.1S Ac. (TOTAL PER UTTED AC.: /0. 1 Ac.) X S rAc. Y S 11900"o iAc. X S V00 ~° Ac. X S 1600 41b ,'Ac. RECLANLMON COST Sy0.00 S S 17y.00 S 3 7L35.00 S asy°0 Temnorary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL. AFFECTED AC. above into the 'bilowing two categories: a) affected acres that drain into pr000sed/existing excavation and/or b) affected acres that will be graded [or positive drainage where measures be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 7 ,16 Ac. b) Positive Drainage Ac_ X SI.500.00 = S SUBTOTAL. COST: S _� SQb°o Inflation Factor: 0.02 X SUBTOTAL COST: S 43030� X Permit Life (I to 10 years): 10 INFLATION COST: S 8104.(00 TOTAL, COST = SUBTOTAL COST + INFLATION COST = S 5! Z. IPO Total Reclamation Bond Cost: S IF/06 J (round down to the nearest S100.00) .14_ 0 Wehner, Judi From: Jody Bland Ubland@nkteng.com] Sent: Wednesday, August 19, 2009 2:42 PM To: Linda.willis@ncmail.net Cc: Wehner, Judy Subject: NKT #09008 Bellamy sand mine - hughes smith rd. Attachments: 09008 rev settlement calcs.pdf, 09008 calc expanded. pdf Hi Linda, I went back through my calculations and found a small mistake on my part but it had no change on the design. I have clouded any additional information that I have added to my original calculations. I also added an expansion sheet to help clarify some of the original calculations that were combined together. 1 came to this solution by treating this in a similar manner as an upward flow sedimentation tank which would be found at a WWTF. By following my old textbook it explains that in this type of treatment system that the overflow rate of the weir is the same as the liquid velocity Vo. It goes on to state that the settlement velocity is determined by Vs=h/t where h is the depth of the tank and t is the detention time. It also states that by multiplying Vs by the surface area of the sediment tank that the overflow rate can be obtained Vo. Finally it states that the settling velocity of the particle must be equal to or greater than the overflow rate of the tank to be removed. 5o by illustrating that the overflow rate of the weir is less than the pumping rate identifies that detention time is achieved and effective treatment will take place. This is what I have done by solving the weir equation for a 14 ft weir it indicates that the flow rate over the weir is indeed less than or equal to the pump rate. Let me know if you have any additional questions on this matter. Thanks, Jody Bland NORRIS. 'AUSKE &TL}NSTAL.L C.0Po-3UtEtr:G r?zGit Zia: -S. Ih=, Wilmington Office - 910-343-9653 Brunswick Office - 910-287-5900 Mobile - 910-512-8148 NCUNK North Carolina Department of Environment and Natural Resources Wilmington Regional Office (910) 796-7215 Michael F. Easlay, Governor FAX COVER SHEET William G. Ross Jr., Secretary Date: G) q # pagesl9--, r To:trJ y� From; Ar Co: Division Fax: Remarks: FAX #: 127 Cartlinid Drive Ex#., Wilmington, North Carollne 28405-3646 • Phone: 910-796.7216 / FAX; 910-350.2004 60/10 3Kicl WXION 8i0Z GU% EZ:91 600Z/LZ/80 0 • MINING PERMIT APPLICATION REVIEW FORM for DIVISION OF WATER QUALITY Project:. ��6,Tee.-1County: tJ S_ac_ —W��L *Due Date for Comments Back to Land Quality Section: Will the option, as proposed, 'violate standards of water quality? s,_ r� -f- r)II01O F_0 - WstershedlStream Name &Classification_ Ur.W—� b. t .,� 7106t YES N0 NPDES permit required NPDES permit existing NandisCharge permit required Nondischarge permit existing ____ (Permit .# ? (fermi, Fl 1 Wetlands disturbed 401 V 'etiand Cert. required 401 Wetland Cert. existing (Permit Reviewed bcz��-� ��c..� _ Date: 1012000 ZO/Z9 39dd aN3Q9N 8t0ZOGE0t6 EZ:9Z GOOZ/LZ/80 APPLICATION FOR A 3,1INING 1WIIT ��' + E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriatefoAn"dr�ased n a range of 5500 to S5.000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life ofthe mining permit. Please insert the approximate acreage, for.,each aspect ofthe mining operation, that -you intend to a,jfect durine life of this mininepermit (in addition, Please insert the appropriate reclamation cost/acre for each category from the Schedule of Reclamation Costs provided with this ygplication orm) OR you can de er to the De artment to calculate your bond or you based Mon your maps and standard reclamation costs: AFFECTED RECLAIVIATION RECLAIMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: . r a Ac. X $ 6WJD /Ac. = S bQ.00 Stockpiles: Ac. X S /Ac. — $ Wastepiles: Ac. X I $ /Ac. _ $ Processing Area/Haul Roads: .�i9 Ac. X $ 16006' /Ac. _ $ _ 7?y.p0 Mine Excavation: Ac. X $ GVD " /Ac. _ $ 3 21ST- 00 Other: = lZ _ Ac. X $ 118O0°' /Ac. — $ S 00 TOTAL AFFECTED AC.: 1.16' Ac. (TOTAL PERT IITTED AC.: ID . 39 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 ? . 1 6- Ac. b) Positive Drainage Q _ Ac. X $1,500.00 = $ SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ 4'603 0 X Permit Life (1 to 10 years): 10 INFLATION COST: $ 8ro0•(00 TOTAL COST = SUBTOTAL COST+ INFLATION COST = $ ���3• �O Total Reclamation Bond Cost: $ 61{ZJ (round down to the nearest $100.00) -14- ems`. x 4 :MINING CHECKLIST FOR ROUTING Applicant's Name: I Q 1 0, ai i 4 —�3Y)5 . Project Na1�oo�ck ApplicJPermit No.: i l - � 1County L rl` C Date Received: -1 I u ocl aU�{ Reviewer. -1 e V- River P>asin Name: L �-` Yo Q New' ❑ Renewal ❑ Modification (inside permit boundaries) 0 Modification (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release ZAdditionai Information ❑ Fee Needed: $ ❑ Fee Received: $ . }�P�lease route entire aonlicatioge to: / ` Y %�J; 1 0') ; r) �--�b�-� Regional Office (2 complete copies; attach the "LQ5 Regional Office Mining Appiication Review Checklist" to one copy and attach haVI the DWQ and DAO "Mining Application Review Form" to the other copy; send both. copies to the regional Engineer) 0 Division of Water Resources 0 NC Wildlife Resources Commission Date: Routed Reed Date: Routed Reed Date: Routed Reed ❑ U5 Fish & Wildlife Service . Date: Routed Rec'd (Only now applications and modification request that add land to the permit) Please route first 3 napes of to jIg2l2lir.,atiati and QrU location mans to: r ❑ Division of Parks & Recreation Date: Routed Reed 0 NC Geological Survey Section Date: Routed Reed (Only new applications and modification requests that add land to the permit) 'Cl Division of Archives & History Date: Routed I Reed (Only new applications) ❑ Other. Date: Routed Reed Supen5e Date for Comments: I (no later than 25 days from receipt) ❑ Please note the following: v L'i C) -A 0 NORRIS, KUSKE &TUNSTALL CONSULTING ENGINEERS, INC, July 14, 2009 Ms. Judy Wehner, Assistant State Mining Specialist Land Quality Section Division of Land Resources NC DENR 1612 Mail Service Center Raleigh, NC 27699-1612 Re: Hughes -Smith Road Pit No. 2 Brunswick, NC NKT Project No. 09008 Dear Ms. Wehner: J. Phillip Norris, RE, John A, Kuske, 111, P.E. John S,Tunstail, P.E. J.A. Kuske, PE. of Counsel We are in receipt of your June 22, 2009 letter and offer the following response.- 1 Additional information has been provided for the stilling basin and level spreader details which were previously provided on the detail sheet. A revised detail sheet has been included for your use. 2. Silt fence has been identified for the buffer perimeter in locations that are within close proximity to wetlands_ Since the project site is a pit no siltation is anticipated to occur outside of the limits of excavation. Additional silt fence will be installed on an as needed basis for all upland areas. 3_ A copy of the dewatering permit application has been included for your records. Please contact us if you have any additional questions or comments. Thank you for your assistance on this project. Sincerely, NORRIS, KUSKE & TUNSTALL CONSULTING ENGINEERS, INC. RECEIVED Josep and, Project Manager JKBlneh ci AL ,Y '111 N 09008 07-1"9 s{nining- resp Itr cc: Mr. Bill Bellamy / Bill Bellamy & Sons, Inc. 902 Market Street -Wilmington, NC 28401-4733 - Phone: 910.343.9653 - Fax: 910.343.9604 NKT## 09008 Division of Water Quality / Surface Water Protection rt�M�� �tttttr NCDENRNational Pollutant Discharge Elimination System win„ r T . re'.wn w.�F FHvR�YMF'IT 4YNqu,y Rlryp,;�:F,tl NCG020000 NOTICE OF INTENT I Year I Month I Day I Lrn�t National Pollutant Discharge Elimination System application for coverage under Ge +eral _PetmiA; NCG020000. 4i; STORMWATER DISCHARGES associated with activities classified as: , 162003 SIC (Standard Industrial Classification) Code -14XX Mineral Mining Industry (except s sp c �u,��rr sECTro fied below) c� The following activities are also Included: -� -- • Active or inactive mining operations (including borrow pits —except for NCOOT morrow pits) that discharge stormwater contaminated with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; • Stormwater from vehicle maintenance activities at mining operations; • Overflow from facilities that recycle process wastewater; and/or • Mine dewatering (wastewater) The following activities are specifically exc0uded from coverage under this General Permit: • Stormwater discharges associated with peat mining, coal mining, and metal mining; • Stormwater discharges from mining operations which are intermixed on site with stormwater from asphalt operations and/or concrete operations; • Stormwater discharges associated with oil and gas extraction operations; and • Stormwater discharges associated with tourist gem mines • NCDOT borrow pits are covered under NCS000150 The following discharges are covered by NPDES general permit NCG520000 Instead of NCGO20000: • Point source discharges of stormwater and wastewater from in -stream sand minting operations (i.e., sand dredging or dipping operations) For new mining sites that require an authorization to construct (ATC) wastewater treatment facilities: This NOI Is also an APPLICATION FOR an ATC for new wastewater treatment facilities. ATC requests must be submitted at least 90 days prior to construction'. For xis in mining sites that require an Authorization to Operate (ATO) wastewater treatment facilities: This NOt is also an APPLICATION FOR an ATO for wastewater treatment facilities In place. Construction, modification, or Installation of any new treatment components at an -existing site requires an ATC. (If the site is already covered by NCG020000, the ATC request may be submitted without an NOI). Some wastewater treatment facilities used to treat or recycle process wastewater (even if commingled with stormwater) at mining sites will require an ATC prior to construction per 15A NCAC 2H .0138. Please see the NCG020000 General Permit for details about which treatment facilities require an ATC (summarized in Table 1 at the end of this form). For example,{an;ATC is required for treatment of mine dewatering discharge from clay pits and non -closed -loop wastewater recycle systems. The authorization to construct or continue to operate will be issued at the same time as the Certificate of Coverage (COC) for the NCG02 permit. Design of treatment facilities must comply with requirements of 15A NCAC 2H .0138 & A 139. Page 1 of 7 tAs per 15A NCAC 2H .0106 ZUnless treatment facilities are designed, constructed, and put into operation by employees internal to the company who are qualified to perform such work for their respective companies in accordance with General Statutes, 89C-25 (7), plans and specifications must be signed and sealed by a P.E. SWU-217-071408 Last revised 7114/08 ❑3AI303�3 NCG020000 N.O.I. Construction of wastewater treatment facilities subject to the ATC/ATO requirements in the NCG02 permit at new or existing mining sites requires submission of three (3) sets of plans and specifications signed and sealed by a Professional Engineer (P.E.) or qualified staff2 along with this application. A copy of the design calculations should be Included. Please see questions 18 & 19. Table 1: Wastewater Permit ATC/ATO Requirements Mine Dewatering Yes No Quarries — • Sand Pits — • Clay Pits • — Any Dewatering with Chemical Treatment • Process Wastewater Sand/Gravel — • Closed -Loop Recycle — • Other Recycle • — IK2 For questions, please contact the DWO Regional Office for your area. (Seepage 7) (Please print or type) 1) Mailing address of owner/operator (address to which all permit correspondence will be mailed): Name Bill Bellamy & Sons, Inc. c/o William E. Bellamy, Jr. Street Address PO Box 2169 City Shallotte State NC ZIP Code 28459 Telephone No. 910 2 8 7- 3 8 5 0 Fax: N A E-mail Address N/A 2) Location of facility producing discharge: Facility Name Hughes -Smith Road Pit: No. 2 Facility Contact William E. Bellamy, Jr. Street Address PO Box 2169 City Shallotte State NC ZIP Code 28459 County Brunswick Telephone No. 910 2 8 7- 3 8 5 -- Fax: N/A Contact E-mail N/A 3) Physical Location Information: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection). travel west a22roximately 2550 feet from the intersection of SR 1322 a SR 1321 toward SR 1300; entrance on left 4) Latitude34 02' 3.5'" Longitude 78 32' 22" (degrees, minutes, seconds) 5) This NPDES Permit NOI Application applies to which of the following: 99 New or Proposed Facility ❑ Existing Date operation is to begin ASAP ❑ New Permit not applicable - ATC request only. NPDES Permit Number Page 2of7 SWU-217-071408 Last revised 7114/08 • • NCG020000 N.O.I. 6) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code: 1 4 4 2 7) Provide a narrative description of the types of minerals mined at this facility: Construction fill / sand 8) Discharge Points: Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property): Stormwater: Mine dewatering: 2 Process Wastewater Overflow: Discharge points should be clearly marked on the submitted site plan. Please provide short narrative description of discharges: collected water from within the pit area 9) Receiving waters: What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater and/or wastewater discharges and up in? UT of Wet Ash SwampT� _ If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm sewer system (e.g. City of Raleigh municipal storm sewer). Receiving water classification (if known) C;Sw Note: Discharge of process wastewater to receiving waters classified as WS-Il to WS-V or SA must be approved by the N.C. Dept. of Environmental Health. If DEH does not approve, coverage under NCG020000 cannot be granted. No new discharges of process wastewater are permitted in receiving waters classified as WS4 or freshwater ORW. 10) Will mining operations require dewatering near wetlands or Impact any stream, groundwater, or wetlands? ❑ No 91 Yes If yes, please provide information about any 404/401 Certification permits. Note: Wetlands must be CLEARLY DELINEATED on the site plan. Mine dewatering activities that have the potential to drain wetlands or otherwise impact surface water or groundwater MUST develop and Implement an Operation and Monitoring (O&M) Plan that has been approved by the Division. The O&M Plan should be submitted to the Regional Office and must be approved prior to operation. The plan shall include, but is not limited to: (1) Groundwater monitoring strategies to demonstrate the effect of pumping and to establish any pumping regime necessary to reduce impacts, and (2) Detailed plans to maintain surrounding hydrology and respective monitoring to demonstrate compliance. 11) Does this facility already have a valid Mining Permit from the Division of Land Resources (DLR)? IN No (If not, please indicate the status of the Mining Permit application: in process ❑ Yes If yes, please provide the Mining Permit number and include a copy with your application: Note: DWO cannot issue a COC for the NCGO20000 General Permit until a Mining Permit Is Issued or renewed by the Division of Land Resources (DLR). Page 3 of 7 SWU-217-071408 Last revised 711 V08 NCG020000 N.O.I. 12) Will this mining operation precede development activities at this site? M No ❑ Yes 13) Does this facility have any other NPDES permits? ® No ❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility: 14) Does this facility have any Non -Discharge permits (ex: recycle permits)? M No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: 15) Does this facility employ any best management practices for stormwater control? ❑ No Yes It yes, please briefly describe: All stormwater is routed basin and into a level spreader and vegetate 16) Does this facility have a Stormwater Pollution Prevention Plan? ® No ❑ Yes If yes, when was it implemented? 17) Will vehicle maintenance activities occur at this facility? 99 No ❑ Yes Wastewater Treatment Facilities: h a stillin ter 18) Will mine dewatering discharges occur? (ATCIATO required for clay pits or dewatering with chem. treatment) ❑ No ® Yes 19) Will discharges of overflows from process wastewater treatment systems occur? (ATC or ATO required, unless sandigravel mining or closed -loop recycle system) IN No ❑ Yes If yes, answer the following questions on the wastewater treatment system: a. Please describe the type of process used to treat and/or recycle the process wastewater. Give design specifics (i.e. design volume, retention time, surface area, etc.). Existing treatment facilities should be described in detail, and design criteria or operational data should be provided (including calculations) to ensure that the facility can comply with requirements of the General Permit. [Use separate sheet(s)] b. Does this facility employ chemical additives to flocculate suspended solids? ❑ No ❑ Yes If yes, please state the name, manufacturer and the quantity of average daily usage of the chemical additive _ Note: Please see htto:Hh2o.enr.state.nc.us/ws/PAMS list. htm for a list of approved polyacrylamide (PAMS) products for use in North Carolina. Page 4 of 7 5WU•217-071408 Last revised 7114/08 N00020000 N.O.I. C. Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event? ❑ No ❑ Yes 20) Are wastewater treatment facilities (including recycle systems) planned In the 100-yeart>lood plain? ® No ❑ Yes If so, include information to demonstrate protection from flooding. (Minimum design requirements for treatment works include protection from the 100-year flood, per 15A NCAC 2H .0219.) 21) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? M No 0 Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? N] No ❑ Yes c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? ® No ❑ Yes d) If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: How is material stored: Where is material stored: How many disposal shipments per year: Name of transport / disposal vendor: Vendor address: 22) Certification: North Carolina General Statute 143-215.6 b (1) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document flied or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the [Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000). I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. I agree to abide by the following as a part of coverage under this General Permit: 1. I agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid mining permit must be attached to this request. 2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the provisions of another NPDES permit specifically issued therefore. 3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate protection so as to contain all spills on the site. 4. 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules governing solid waste disposal. 5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to not result in contamination of the surface or ground waters. Page 5 of 7 SWU-217.071408 Last revised 7/14108 • 0 NCG020000 N.O.I. I agree to abide by the provisions as listed above and recognize that the provisions are to be considered as enforceable requirements of the General Permit. I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing: _W i l l i am E . Bellamy,_ Jr. Title: President A of Applicant) ,-- (Date Signed) Notice of Intent must be accompanied by a check or money order for $100.00 made payable to NCDENR. Final Checklist This application will be returned as incomplete unless all of the following items have been Included: ❑ Check for $100 made payable to NCDENR ❑ This completed application and all supporting documents ❑ Copy of the valid approved mining permit (MP) for the facility or indication of MP application status ❑ Copy of a county map or other general location map that shows the mining site and nearest major roads ❑ Copy of USGS topographic map showing the mining site and surrounding areas, or other map that clearly shows site location in relation to nearby streams, wetlands, and other waters, etc. Copy of mining site plan with all wetlands clearly delineated ❑ If the mine is near wetlands, or may otherwise impact surface water or groundwater, contact the regional office about an O&M Plan (contact information on the next page). Please refer to this O&M Plan checklist: ✓ Site map with wetlands, ditches, well -placements, borrow areas, overburden storage, stormwater controls/BMPs, vehicle maintenance areas, settling basins, product process areas, and access roads. ✓ Well information {design, depths, maintenance) ✓ Physical monitoring for the wetlands areas ✓ Settling pond sizing information, if applicable ✓ Level spreader design, if applicable ✓ Details about dewatering method ✓ Description of measures to prevent erosion and flooding ❑ If an ATC or ATO is required, three (3) sets of plans, specifications, and design calculations, signed, sealed, and dated by a P.E. ATC and ATO requirements in NCG02000 are summarized in Table 1 on Page 2 of this NOI (see the permit text for more details). Plans shall show all pertinent design features, including the location of the outfall(s). If stormwater is flowing off -site, the plan must show that stormwater will not be mixed with wastewater. Mail the entire package to: Stormwater and General Permits Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Note The submission of this document does not guarantee the issuance of an NPDES permit. Page 6 of 7 SWU-217-071408 Last revised 7114108 NCG020000 N.O.I. For questions, please contact the DWQ Regional Office for your area. DWQ Resdonal-Qfticp Contact Inform tion Asheville Office ...... (828) 296-4500 Fayetteville Office ..- (910) 433-3300 Mooresville Office ... (704) 663-1699 Raleigh Office ........ (919) 791-4200 Washington Office ...(252) 946-6481 Wilmington Office ... (910) 796-7215 Winston-Salem ...... (336) 771-5000 Central Office .........(919) 807-6300 Page 7of7 SWU-217-071408 Last revised 7/14/08 NORRIS, KUSKE & TUNSAL J. Phillip Norris, PA John S. Tunstall, P.E. John A. Kuske, III, P.E. James T. Pyrtle, RE. CONSULTING ENGINEERS, INC. James L. Lewis, Jr., P.E. J.A. Kuske, P.E. 902 Market Street a Wilmington, NC 28401-4733 * Phone (910) 343-9653 • Fax (910) 343-9604 E-Mail: office@nkteng.eom LETTER OF TRANSMITTAL To: Ashley Rodgers Date: July 16, 2009 Job No. 09008 NC DENR 1 Div of Land Resources subject: Hughes -Smith Road - Pit #2 1612 Mail Services Center Brunswick County Raleigh, NC 27699-1612 WE ARE SENDING YOU VIA MAIL. ® ATTACHED ❑ UNDER SEPARATE COVER ❑ SHOP DRAWINGS ❑ PRINTS ❑ TRACINGS ❑ SPECIFICATIONS ❑ DISKS ❑ COPY OF LETTER ❑ FAX TRANSMITTAL: NUMBER OF PAGES INCLUDING THIS TRANSMITTAL Call 910-287-5900 if you have any difficulty receiving this message. COPIES DATE NO. DESCRIPTION 1 Sheet C1 1 Sheet C2 1 Sheet C3 - Notes and Details ' "' l; ZEZ jr 2009 r ® ❑ AS REQUESTED ❑ FOR REVIEW AND COMMENT El FOR APPROVAL FOR YOUR USE ❑ FOR BIDS DUE ❑ YOUR PRINTS LOANED TO US REMARKS: CC: SIGNED S P K. Bla�,PrOCjectdAger7neh CONFIDENTIAL AND PRIVILEGEDInformation contained in this document is privileged and confidential, Intended for the sole use of the addressee. If you are not the addressee or the person responsible for delivering It to the addressee you are hereby notified that any dissemination, distribution or copying of this document is strictly prohibited. If you have received this document in error please immediately notify the sender and return to the address above. 0 S • .._ ... ... .. .. it S r f A I!DMF A y JUN 2 2 � �J NC®ENR - HABITAT PROTECTION North Carolina Department of Environment and Natural Resources Division of Marine Fisheries Beverly Eaves Perdue Dr. Louis B. Daniel III Dee Freeman Governor Director Secretary MEMORANDUM �' `._.. -� J Jim k 5 TO: Rich CarpenterDivision of Marine Fisheries DQUALI1 yS FROM: Anne Deaton, Chief Habitat Protection Section Division of Marine Fisheries SUBJECT: Mining Permit Application APPLICANT: Bill Bellamy & Sons, Inc. Hughes Smith Road Pit #2 PROJ. LOCATION: Brunswick County DUE DATE: June 19, 2009 Indicated below is the Division of Marine Fisheries reply for the above referenced project. If you have any questions, please do not hesitate to contact me. REPLY: This agency has no objection to the project as proposed. V This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See Attached. This agency objects to the project for reasons described in the attached comments. (DeSIGNED: DATE: 3441 Arendeil Street, P.O. Box 769, Morehead City, North Carolina 28557 Phone: 252-726-7021 1 FAX: 252-727-51271Internet www.ncdmf.net An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Naturally , ZAA 7 1 / �ss -�_-= ----- EC MAY 2 9 2009 1 r NCDENR North Carolina Department of Environment and Natural p TAT PROTECTION Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Beverly Eaves Perdue, Governor Director and State Geologist May 27, 2009 Dee Freeman, Secretary MEMORANDUM TO: Ms. Anne Deaton Habitat Protection Section Division of Marine Fisheries FROM: Brenda M. Harris qS;DV�) Mining Program Secretary Land Quality -Section SUBJECT: Mining Permit Application for Bill Bellamy & Sons, Inc. Hughes Smith Road Pit #2 Brunswick County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by June 19, 2009 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and marine fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. fbmh cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, !North Carolina 27699-1612 •919-733-4574 I FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 F/ UNITED STATES POSTAL SE CE Rrst-Ctass Mali Postage & fees Paid LISPS Permit No. G-1 U ° Sender. Please print your name, address, and ZIP+4-in-th1s.box " N � DENFt4DtVlslol OF LaNu RlrsoURCE o LANO QUALITY SECTION =! 1612 MAIN SERVICE CENTER RALEIGH NC 27699-1612 1„Ipill ►11111111,1r,1111191:11,1i�„��I1„1�1Ioil IIIIIAll III ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ■ Pdfnt your name and address on the reverse so that we can return the card to you. * Attach this card to the track of the mailpleoe, or on the front If space pear ts. 1. Article Addressed to: MR WILLIAM E BELLAMY JR BILL BELLAMY AND SONS INC PO BOX 2169 A. SIg e 13 AgeM ❑ Addresse Name f C. Date of Deliver p. is derlveryedd, ererrr Pram Z7 7 ❑Yes If -YES. eater below, .01 ❑ No f - x_ ICD SHALLOTTE NC 28459 a r. W7 Mail.'I❑ Km ❑ Registered ,` — t felptfor-Merdarndls+ i ❑ +rd '--f]'OAA. 4. Restrtcted DWNeryl fxtre Fee) ❑ Yes . 2. Article Number 7008 1300 0000 1122 7569 (Tlansrer horn swoce kd" I I PS Form 3811, Febniary 20D4 Domestic serum Receipt /„ _ -2 v _ A14M 1o5s5-=-W1 s1 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE " ' Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary June 22, 2009 Certified Mail Return Receipt Requested 7008 1300 0000 1122 7569 Mr. William E. Bellamy, Jr. Bill Bellamy and Sons Inc. PO Box 2169 Shailotte, North Carolina 28459 RE: Hughes -Smith Road Pit No. 2 Brunswick County Lumber River Basin Dear Mr. Bellamy: We have reviewed the application your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: Provide construction details for the proposed stilling basins that include length, depth, width and spillway design. 2. Clearly indicate on the mine map the location of the silt fence that will be used to prevent sedimentation of the buffers and wetlands. 3. Provide proof you have applied for any necessary permits from the Division of Water Quality, including an approvable O & M Plan from the Division of Water Quality. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612-919-733-4574 11=AX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity l Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper 0 Certified Mail Mr. Bellamy Page Two In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Land .Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 58.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. if an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions cerely, udith A. Wehner Assistant State Mining Specialist Land Quality Section cc: Mr. Dan Sams, PE Mr. Joseph Bland — Norris, Kuske, & Tunstall, 1429 Ash Little River Rd., Ash, NC 28420 • qa rlt�iiF Q. • V a.w North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. 5andbeck, Administrator Beverly Eaves Perdue, Governor Office of Archives and History Linda A. Carlisle, Secretary Division of Historical Resources Jeffrey J. Crow, Deputy Secretary David Brook, Director June 18, 2009 MEMORANDUM TO: Brenda Harris Land Quality Section Division of Land Resources, NCDENR FROM: Peter Sandbeck 041 QAU " SUBJECT: Application for Mining Permit, Bill Bellamy & Sons, Inc., Hughes Smith Pond Pit #2, Brunswick County, ER 09-1242 Thank you for giving us the opportunity to review and comment on the above project pursuant to Chapter 74, Article 7 of the North Carolina General Statutes. Because of the location and topographic situation of the proposed project area, it is unlikely that any archaeological sites which may be eligible for inclusion in the National Register of Historic Places will be affected by the proposed borrowing. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. While we note that this project review is only for a state permit, the potential for federal permits may require further consultation with us and compliance with Section 106 of the National Historic Preservation Act. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579. Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 NW Service Center, Raleigh NC 27699-4017 Telephone/Fax: (919) 807-6570/807-6599 North Carolina Secretary of State C� http: //ww w . secretary. state. nc . us/corporations/Corp. aspx? P i tem Id=86... • 14A , Elaine F Marshal! Secretary CORPORATIONS Corporations Horne Search By Corporate Name Search For New & Dissolved Search By Registered Agent Important Notice Resale of Tickets Online Corporations FAQ Homeowners' Association FAQ Tobacco Manufacturers Unincorporated Non -Profits Dissolution Reports Non -Profit Reports Verify Certification Online Annual Reports LINKS & LEGISLATION KBBE 13213 Annual Reports SOSID Number Correction 2001 Sill Summaries 1999 Senate Bills Annual Reports 1997 Corporations 1997 Professional Corporations Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US Corporations Division TOOLS Secretary of State Home North Carolina �^ DEi�pAR i MENT OF THE ECRETARY O STATE PO Box 29622 Raleigh, NC 27626-0622 (919W7-2000 Date: 6/22/2009 Click here to: View Document Filings i Sign Up for E-Notifications i 7-1 Print apre-populated Annual Report Form i Annual Report Count i File an Annual Report Corporation Names Name Name Type NC Bill Legal Bellamy & Sons, Inc Business Corporation Information SOSID: Status: Date Formed: Citizenship: State of Inc.: Duration: Registered Agent 1010733 Current -Active 11 /512007 Domestic NC Perpetual Agent Name: Bellamy, William E, Jr Registered 20 Queens Grant Circle Office Address: Shallotte NC 28470 Registered PO Box 216p Mailing Shallotte NC 28459 Address: Principal Office 20.Queens Grant Circle Address: Shallotte NC 28470 Principal PO Box 216p Mailing Shallotte NC 28459 Address: 1 of 2 6/22/2009 2:31 PM Carolina Secretary of State I'/ Secretary of Mate Site Map Printable Page http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=86... Stock Class Shares No Par Par Value Value Common 10000 Yes NIA 2 of 2 6I22/2009 2:37 PM 0 ACIP'Ai NCDENR North Carolina Department of Environment and Natural Resources Wilminoon Regional Office (010)796-7215 Michael F. Easley, Governor FAX COVER SHEET - William G, Ross Jr., Se mury Date: " �2. 7 --6) q # pages ;11 To: U�--LA)81 04tr From:_ Ai i c, Mr I�5 Co: Division Fax: Remarks: FAX#: 711 -,2801 127 Cardinal Drive EA, wiln&gbm, North Garo#na 284(i6 M6 - Phone: 9*796-72151 FAK SiO.360-M Z0/Z0 39Vd 8NMON 8Y0Z05E016 00'60 600Z/ZZ/90 LAND QU*ITY SECTION REGIONAL 00ICE MINING APPLICATION REVIEW CHECKLIST APPLICATION/PERMIT NO.: 10-fi5' ACTION: lodification Renewal Transfer Release APPLICANT NAME: x Pu �"e. MINE NAME: �� COUNTY: , Ad_ ministrative Issues: 11 A. Is the site currently under NOV? Yes No Explain: r 1 'half B. Is the site under LAMA jurisdiction . Yesa Explain: I� Field Igues: A. Are potential wetlands and watercourses properly indicated on the Mine Map Yes No Explain: B. Are the prop sed buffer zones adequate? Ye No Explain: 5'd `s �. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated? es No Explain: _ D, E. F. G. Do all water supply wells within 500 feet of the mine excavation appear to be indicated' Exolain: No Are the proposed erosion and sedimentation controhfieasures properly located to prevent offsite sedimentation? Ye No Explain: Is the proposed revegetationlreclamation plan acceptable? es No Explain: *...._ . _ . Date inspected:�q Erosion and Sedimentation Contrcl Plan Review, It is the responsibility of. the Regional Office staff to any oncerns or comments: &;,• , cd Other Comments: the adequacy of the E&S measures, Please provide s -T^f —f 1)o Who was the application routed to and when?: Division of Air Quality: _ ., Date: Division of Water Quality (Water Quality Section only): Date' 6 �S g Other: Date: InspectorfReviewees Name: Regional Engineer's Name:. Rev Dec 2006 Date: Date: Z0/10 39Vd WMON BIOZOS£016 00:60 600Z/ZZ/90 MINING CHECKL15T FOR RC?TING Applicant's Name: AD ky. AProject Name: 1� JAie,, SYA4 /t. ipt v ApplicJPermit No.: County: rr r.� pate Received: (f, Reviewer. _ Ck), L, _ Riven Basin Name: V DNew 0- Renewal ❑ Modification (inside permit boundaries) Modification (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release /Additional Information ❑ Fee Needed: $ 0 Fee Received: $ Please roLlk entire avvlicatinti-ockagPto: 11 Regional Office (2 complete copies; attach the "LQ5 Regional Ofmce Mining Aopficatioil Review CheoOW to one copy and attach tath the DWQ and DAQ "Mining Application Review Form" to the other copy; send both.copies to the Regional Engineer) Date: Kouted � Plata 0 Division of Water Resources Date: Routed Reed ❑ NC Wildlife Resources Commission Date: Routed Reed U5 Fish &Wildlife Service Date: Flouted Rec'd (Only new applications and modification requests that add land to the permit) PAP = 7YLs.t�'�P first 5 saes of the ap2licatiori and a location mans to: ❑ Division of Parks & Recreation Date: Routed Reed ❑ NC Geological Survey 5ection Date: Routed Reed (Oniy new applications and modification reolueste that add land to the permit) ❑ Division of Archives & History Date: Routed Reed (Only new applications) ❑ Other. Date: RDUUd Rec'd *#5u5penoc Date for Comments: A; i3a eel (no later rhan 25 days from receipt) 0 Please note the following: J. Phillip Norris, P.E. NORRIS, KUSKE &TU NSTALL John A.Kuske,111,RE. John S.Tunstall, RE. CONSULTING ENGINEERS, INC. J.A. Kuske, RE, of Counsel Aim, t�June 9, 2009 Ms. Judy Wehner LE NC DENR / Land Quality Section 5ECT10�1 1612 Mail Service Center Raleigh, NC 27699-1612 Re: Hughes Smith Road -- Pit #2 Brunswick County, NC NKT Project No. 09008 Dear Ms. Wehner: Enclosed are the signed green cards and a copy of a returned undeliverable envelope for the proof of notification for the above subject project. Please contact us if you have any questions or comments. Thank you for your assistance on this project. Sincerely, NORRIS, KUSKE & TUNSTALL CONSULTING ENGINEERS, INI K. Bland, roject Manager JKB/neh 09008 08-09-09 s-mining proof of notification kr 902 Market Street • Wilmington, NC 28401-4733 • Phone: 910.343.9653 • Fax: 910.343.9604 ■ Complete items 1, 2, and 3. Also complete A. 1 Item 4 if Restricted Delivery is deslred, x Print your name and address on the reverse so that we can return the card to you. B. t ■ Attach this card to the back of the mailplece, or on the front if space permits. Addressee of Delivery D.00W9*ffld$fss a Yes 9e*ve`��one, Asst. County Ma g6KI15,enterdeliveryed a oNo Brunswick County Administration P,O. Box 249 Bolivia, NC 28422 3. Service Type 14 Certifled Mall ❑ Ewem Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delhrery4 (Exha Fee) ❑ y03 } 2. ArucleNumber 7007 1490 0001 5493 9346 (parFslier fiorrr serv►ce lam, PS Form 3811, February 2004 Domestiv Return Receipt �o2 �t tsao ■ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. a Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece. or on the front if space permits. Article Addressed to: Ralph and Larrrry:Ward 3008 Longwood Road NW Ash, NC 28420 A Signature (N ❑ Agent ❑Addre B ecetd h; (Printed (Jame) I G. Date of Delivery 19 r.s (,,% _ D. Is delivery address different from Rem 1? ❑ Yes It YES, enter delivery address below: ❑ No 3. Service Type ' PrCertified Mail ❑ Express Mai] ❑ Registered ❑ Retum Reralpt for Merchandloa ❑ Insured Mall ❑ G.O.D. 4, Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Trunsrer Tram service label} 7 0 0 7 149 0 0 0 [] 1, 5493 9445 + PS Form 3811. February 2004 Domestic Return Receipt 102,595-02-M-tsao • • ■ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted ■ Print your name and address on Is tI the so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: Donald, Ray Long 3546 Whiteville Road NW A i 'soelved byfil6tntedlVarrrel C. of [ D. fs delivery addn3ss dffterent from item 1? Yes if YES, enter delivery address below: No Ash, NC 28420 \� 3 ce Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. r 4. Restricted Dellvery? (E:rtra Fee) ❑ Yes L� 2. Article Number (Iiansier from service labei) 7007 1490 0001 5493 9391 PS Form 3811, February 2Q04 Domestic Return Receipt �"— _ _ 102595-02•M-1540 ■ Complete items 1, 2, and 3. Also complete i Item 4 If Restricted Delivery is desired. 1 s Print your name and address on the reverse so that we can return the card to you. 0 Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: Keith Gregory Stanley 7170 HugheS,Smith Road NW Ash, NC 284 0 A. Signature ❑ Agent ❑ Addressee 13. Received by (Printed Nam!! C. jb4of D dive 31 D. Is delivery address different from Item 1? Ye If YES, enter delivery address below: ❑ No 3. Se Ice Type Se Mail ❑ Express Mail ❑ Registered ❑ Return Recelpt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes ' 2. Article Number ; ; ; ; 7 0 0;7 147,9 0' 0 0 01 �5 4 9 3 19 4 69 1 {Transfer from service label) i I P5 Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540.:; ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired, ■ Print your name and address on the reverse so that we can return the card to you. s Attach thfs card to the back of the mailplece, or on the front if space perrrmlts. I. Article Addressed to: William L and Barbara Perkins 27855 Hampden Madison Heights, MI 48071 COMPLETE/ i A, Signature ❑ Agent ❑ Addressee B. Received by (Pnnf me Date of Dellvery S- �`)-0 D. is delhrery address different from Item I? ❑ Yes If YES, enter delivery address below: ❑ No 3. ce Type Certified Mall ❑ Express Mail ❑ Registered ❑ Return Receipt ❑ Insured Mail ❑ c.o.D, for Merchandise , ; 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number - 1 (Tmnsfer from sarvfce faeeiJ f 7007 ]; 4 9 0 i 0 0 0 ]; i 5 4' 9 3 i 9 4 0 7 PS Form 3811, February 2004 Domastic Return Receipt 10259s02-M-1540 ■ Complete items 1, 2, and 3. Also complete c Item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: Charles and Alice Smith PO Box 1 Q ` Ash, NC 28429 ❑ Agent 41 ❑ Addressee Received by (PrI Name) C. Date of Delivery 0 eJ D. Is delivery address different from Item 17 ❑ Yes It YES, enter delivery address below: ❑ No 3. Service Type eCertilled Mail ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Dellvery? (Extra Fee) ❑ Yes i 2. Arilcl(rmne rfromNumb?00? 1490 0001 5493 9421 (transfer from service faDelj PS Form 3811, February 2004 Domestic Return Receipt 102595-024,Pr1540 ■ Complete items 1, 2, and 3. Also complete A. Signature Item 4 If Restricted Delivery is desired. X O Agent ■ Print your name and address on the reverse ❑ Addre so that we can return the card to you. I ~by ted Name) C;�� t D II ■ Attach this card to the back of the mailplece,, 1,t or on the front if space permits. D. is livery ad d' t am 1 —o Y If Y S, entwery address bet N4 1. Article Addressed to: Troy and'Gail Price 650 Blackwater Drive LISPS Calabash, NC 28467 3. Setrice Ve i 1 Certlfled Mall ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes j 2. Article Number (Transfer from service labeq 7007 1490 0001 5493 9438 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ;i ■ Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired., ■ Print your name and address on the reverse so that we can return the card to you. I ■ Attach this card to the back of the mallplace, or on the front if space permits. 1- Article Addressed to: James R Tripp `and Harold Drive P.O, Box 126 � \. Ash, NC 28420' A SI store ❑ Agent ❑ Addressee calved by ( rrnfed Name) C. Date of Delivery rJ Vl/I 7� T� �.4 S - {Il D. Is delivery address diff4rent from (fern 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. �`lce Type ! 0 Certified Mail ❑ Express Mali ❑ Registered ❑ Return Receipt for Merchandise ❑ insurod Mail ❑ C.O.D. i 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number i � I - 4007, �14490 100d1i "54493 19452 1 1 (rransrer from service label} PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1e40 { ■ Complete Items 1, 2, and 3. Also complete . Item 4 If Restricted Delivery is desired. a Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: A SIgnature X /% /, by(PrintejrAfine)C ; jC, Al Is delivery address different frl n hem 1? L] Yes If YES, enter delivery address below: ❑ No M Thurston and Ora Hughes 6953 Hughes Smith Road NW Ash, NC 28420 ,i 3. Se ice Type ArZelfied Mall ❑ arm Mall ❑ Registered ❑ Return Receipt for Merchandise _ 00 ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 12. Article dumber I (transfer from servico label) 7007 1490 0001 5 4i 9 Q 9476 - I Ps Form 3811, February 2004 Domestic Return Receipt I --- 1025as o2•M r5ao I COMPLETE Y Complete items 1, 2, and 3. Also complete r Item 4 if Restricted Delivery Is desired. a Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, r or on the front if space permits. 1- Article Addressed to: Ernest Monroe & Jennifer Smith 6754 Hughes Smith Road NW Ash, NC 28420 3. S7vice Type Ceritfled Mail ❑ Express Mail ❑ Registered ❑ Retum Receipt for Marctandise r s ❑ Insured Mail ❑ C.O.D. r 4, Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7 0 D T 144 9 0, 0 0 01 ` 5 44 93 9 44 44 f (Transfer from service fat I - , _ 1 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1640 ; T 'SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY a Complete items 1, 2, and 3. Also complete A St ature . ❑ Agent Item 4 if Restricted Delivery Is desired. , X B Print your name and address on the reverse C ❑ Addressee so that we can return the Card to you. a Attach this card to the back of the mailplece, B. Received by( Printed N4 e) C. Dale of Delvery ; i or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑ Yes i ❑ No t � If YES, enter delivery address below: } Rhonda Nealey i 6798 Hughes Smith Road NW I Ash, NC 28420 # 3. 5 rvice Type ' aCertlfled i Mail ❑ F.acpmas Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.Q. l i 4. Restricted Delivery? F-xtra Fee) ❑ Yes 1 N C'a i 2. Article Number 7007 1490 0331 5493 9384 { (Fransfer from service kbI Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 . a Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. i ■ Print your name and address on the reverse so that we can return the card to you. a Attach this card to the back of the mallpiece, c or on the front If space permits. 1. Article Addressed to: Christopher Lynn and Arleen F 6816 Hughes Smith Road NW Ash, NC 28420 A. agnatu X ❑ Agent 13 Addressee B, Received by (Printed N ) C._gar of Deltery D. Is delivery address different from Item 1? t7 Yes If YES, enter delivery address below: © No 3. Service Type 0 Certified Mail ❑ B prass Mail ❑ Registered ❑ Return Recelpt for Merchandise ' ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number T 7007vu1490 3331 5493 9360 r MunsAw from PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 r a Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ■' Print your name and address on the reverse so that we can return the card to you. a Attach this card to the back of the mallpiece, or on the front If space permits. 1. Article Addressed to: Lennon Cooledge and Avis Smith ! 6860 Hughes Smith Road NW Ash, NC 28420 A. Igna X Agent Addressee B Recelved by ( Printed N&w) C. Date of Delivery D. Is delivery address different from Item 1? ❑ Yes { It YES, enter delivery address below: ❑ No j I i 3. SgrAce'lype Certified Mail © Bvess Mall ❑ Registered CI Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (FSt Fee) ❑ Yes 2. ArttcleNumber i 7337i 1,493; 3331i; 5:49,�3 -9353, i ; (li ulmlier from servk0 W1 • — Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 I ■ Complete no" 1, 2, hod 3, Aiso complete item 4 11 Restncled DOfvpry IS desired. * Pnm your name end address on the reverse so that we can rkin" the card to you. o An-ch this card to the tack of the mallpiece, ar on the front it apace permits. t_ An Adereated tO: Bobby and Patricia Landrum 33C2 Landrum Lane NW Ash, NC 28420 A Srpu1✓e x ❑ Apt 0 AaNeeeee B, asairvsO by (PMW NnrW C. tale of Oewerr 0. Is d*r y edaem wwwd hem eem I C, Y" M YES. enmr oewAry som.ss bWo-. C No a. Sqf "Ti," 09 CerMW Mail 0 egp Mail C Replwsed CI l` e — %cetm for M&Klw i- a, Aaueaad DOWSI l IF," Feel C *A x'"CENfn°0 70L7 1L490 Cool 549_ 9377 rnen� f a rHce neq Ps Form 381 1, :eOnMy 20O4 Ilannnrc an— P—pt r�ao-m+c-rs.o D U M 7 N Q { 7 a O M a y C M a a, :r o m pp 2 a n fDw 0 3 hi � fD C •� � � Q CL 13 13 —DD �eeererr_ 6 � o r w a r ! r , a t l r 1 r � r E i �ttfr USPS - Track & Confirm http://trkcnfrml.smi.usps.com/PTSinternetWeb/interLabellnquiry,do UNITEO,STATES POSTAL SERVICE. Home I Helms. I sl9n In Track I£ Confirm FAQs Track & Confirm Search Results Label/Receipt Number: 70071490 0001 6493 9377 Class: First -Class Mail' Service(s): Certified Mail Return Receipt Status: Delivered Your item was delivered at 1:04 PM on June 4, 2009 in ASH, NC 28420. Detailed Results: • Delivered, June 04, 2009,1:04 pm, ASH, NC 28420 • Unclaimed, June 03, 2009. 11:21 am, ASH, NC • Notice Left, May 19, 2009, 11:64 am, ASH, NC 28420 • Arrival at Unit, May 19, 2009, 7:66 am, ASH, NC 28420 • Acceptance, May 18, 2009, 1:06 pm, LITTLE RIVER, SC 29666 Track & Confirm Enter LabeltReceipt Number. Gu � Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email GD 7 � Site Map Custoff r_Seryice Forms Gott Services Careers Privacy Policy Ter__ms-o_f Use Business Customer Gats -y Copyright® 2009 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA , +r„• loft 6/22/2009 9:59 AM • NCDENR North Carolina Department of Environment and Beverly Eaves Perdue Governor iUtAMil I T.11 a 0-01110Vl TO: Ms. Judy Wehner Land Quality Section Division of Water Resources Thomas A. Reeder Director May 27, 2009 FROM: John Barr /� Ground Water Management Section Division of Water Resources SUBJECT: Comments on the Mining Permit Renewal Request for: Bill Bellamy & Sons Inc. Hughes Smith Pond Pit #2 Brunswick County Natural Resources Please find attached a copy of the mining permit renewal request for the above referenced project. Dee Freeman Secretary The Hughes Smith Pond Pit #2 located in Brunswick County does not appear to have an unduly adverse effect on ground water supplies since dewatering proposed on site is less than 100,000 gpd. However, if the mine starts to withdraw 100,000 gpd of water, they will need to register their water withdrawals. Facilities not in the fifteen county Central Coastal Plain Capacity Use Area are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.22H. This statue requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register and update withdrawals. This statue also requires transfers of 100,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water transfers. Water withdrawal registrants must complete the annual water use reporting form by April 1 for the previous year. 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 One Phone: 919-733-40641 FAX, 919-733-3558 Internet: www.ncwater.org Nort�hC/fa�rolliina An Enval Onoortunity % Affirmative Artinn Emnlover-� R% Recvrled 110% Post Consunwr Pam aV/t ` ffil ��rA i NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G,, P.E. Beverly Eaves Perdue, Governor Director and State Geologist May 26, 2009 Dee Freeman, Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secre ary Land Quality Section SUBJECT: Mining Permit Application for Bill Bellamy & Sons Inc. Hughes Smith Pond Pit #2 Brunswick County ® Mine Dewatering Proposed ❑ No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on June 19, 2009 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Dan Sams 2009 DI MAY 27 1612 Mail Service Center, Raleigh, North Carolina 27699-1612f-'919-733.4574 I FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 Log In #: DPR/RRS Mining Permit Application Review RRS Contact: Name of County: Proposed activity is _-Z is not within 5 miles of a public park or recreation area. If yes, identify the park: Manager/agency name:/ILL f%"lfZ' (contact name): Tt tvt (phone; fax): (7/0) 53 -- a (L 70 (e-mail): �,/� Review conducted by: 7C/' Date: PLEASE RETURN APPLICATION MATERIALS WITH YOUR REVIEW/COMMENTS. YOU CAN ALSO E-MAIL YOUR COMMENTS TO: Adrienne.McCoigQncmail.net THANKS! Return form and materials to: Adrienne McCoig DENR/Division of Parks & Recreation 1615 MSC Raleigh, NC 27699-1615 (Please Print on COLOR Paper) AT iALA. RCDENR North Carolina Department of Environment and Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist MEMORANDUM May 26, 2009 TO: Mr. Lewis Ledford, Director Division of Parks AaRecreation FROM: Brenda M. Harris Mining Program Land Quality Section i Natural Resources SUBJECT: Mining Permit Application for Bill Bellamy & Sons Inc. Hughes Smith Pond Pit #2 Brunswick County Beverly Eaves Perdue, Governor Dee Freeman, Secretary Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly June 19, 2009 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects'on publicly owned parks, forests or recreation areas would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms, Judy Wehner at (919) 733-4574 if you have any questions. lbmh Attachments cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699.1612 -919-733-4674 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 .., ....r,...�.�sM-^*�+-M+.e,.s,.r.K.,nylW1^'..,4�. ,•- _-.._.,,.,.�...rrRYr+'�rY.i'++..�"""*�GW<hJrFy"ti:+Y�l'+^^,n=+�:�s-.rs.:�wf.�'a."tKL17a�a-rpk1... ^w..�.c.r:,.+--.�^--�.,���.s ,.Y WING CHECKLIST FOR' ROUTING Appiicarrt's Name: Alb AILITUA14"C. Project Name: ' A jI .4 a ApplicJPermit No.: 0-' ~County: r Date Received: ` -1 Reviewer. N L River Basin Name: ( ,� Wiew ❑ Renewa1 ❑ Modification (inside permit boumdaries) �3 Modiftcation (outside perrpft boundaries) i] Transfer ❑ Release 160.1 G Partial Release MNftional Information A, ee Needed: $ , Fee Received: $5u� .�WIT —ILLY, i YL �� ) Regional Office (S con7pieLe copies; attach the/"�Q iorta Office Mining Application Review Checirlist" to one copy and attach � the DW DAQ "Mining Application Review Faun" to the other copy; send bo�t.h copies to the gio al Engineer) Date: Routed -C) n Reed (Division of Water Resources Date: Routed b`NC Wildlife Resouraces Commission Date: Routed f Reed XU5 Fish & Wildiife 5ervice Date: Routed Reed (Only new applications and modification raquests that add land to the permit) x �(n�-- - )Division of Parks & Recreation Date: Routed 5 Rec'd NC Geological Survey 5ection Date Routed Reed (Only new app[ications and modification requests that add land to the permit) ` )lvlsion of Archives & History Date: ROutaci `! -.1 LI, r, Reed (Only new applications) 1 D Other. Date: Routed Reed "5u5penee Date for Comments: I# I r)4 (no later than 25 days from receipt) i ��. 0 D Please mote the following: ' 4 .AG_._ NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G,, P.E. Director and State Geologist May 26, 2009 MEMORANDUM TO: Ms. Maria Dunn Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harri4&zz� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Bill Bellamy & Sons Inc. Hughes Smith Pond Pit #2 Brunswick County Beverly Eaves Perdue, Governor Dee Freeman, Secretary Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by June 19, 2009 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 ! FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 LA NCDENR North Carolina Department of Environment and Division of Land Resources Land Quality Section James 0. Simons, P.G., P.E. Director and State Geologist May 26, 2009 MEMORANDUM • Natural Resources TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secre ary Land Quality Section SUBJECT: Mining Permit Application for Bill Bellamy & Sons Inc. Hughes Smith Pond Pit #2 Brunswick County Beverly Eaves Perdue, Governor Dee Freeman, Secretary ® Mine Dewatering Proposed ❑ No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request . for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on June 19, 2009 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. r`l•11 Attachments cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733.4574 f FAX. 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 • AMW • 1p NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist May 26, 2009 MEMORANDUM TO: Mr. Lewis Ledford, Director Division of Parks a Recreation FROM: Brenda M. Harris Mining Program Secre Land Quality Section SUBJECT: Mining Permit Application for Bill Bellamy & Sons Inc. Hughes Smith Pond Pit #2 Brunswick County Beverly Eaves Perdue, Govemor Dee Freeman, Secretary Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly June 19, 2009 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on publicly owned parks, forests or recreation areas would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Dan Sams 1512 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 j7A 0 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. May 26, 2009 Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary MEMORANDUM TO: Mr, Peter M. Benjamin Application Review Coordinator U.S. Fish and Wildlife Service FROM: Brenda M. Harris ]tit�u Mining Program Secre Land Quality Section SUBJECT: Mining Permit Application for Bill Bellamy & Sons Inc. Hughes Smith Pond Pit #2 Brunswick County Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly June 19, 2009 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 40L'', NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., RE. Director and State Geologist MEMORANDUM May 27, 2009 TO: Ms. Anne Deaton Habitat Protection Section Division of Marine Fisheries FROM: Brenda M. Harris Z�;� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Bill Bellamy & Sons, Inc. Hughes Smith Road Pit #2 Brunswick County Beverly Eaves Perdue, Govemor Dee Freeman, Secretary Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S_ 74-51 (2)). Please respond by June 19, 2009 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure.that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and marine fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 I FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 •�,� • N[DENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist May 26, 2009 MEMORANDUM T0: Ms. Renee Gledhill -Earley Application Review Coordinator Archives & History FROM: Brenda M. Harris Mining Program Secretary Lane! Quality Section SUBJECT: Mining Permit Application for Bill Bellamy & Sons Inc. Hughes Smith Pond Pit #2 Brunswick County Beverly Eaves Perdue, Governor Dee Freeman, Secretary Please find attached for your review a copy of the mining application request for the above referenced project. As is the case in our review of all mining permit application renewals and modifications, this office will carefully review all proposed erosioi,-and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on significant archeological resources and/or human skeletal remains would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 l FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 r OCISZIII I 'Aet sssgcsc�:•eitnlse49 +MeIMY e�1Y: S.^.,l. Zaie�ldw�� _ .. [ jja�nauat. -- — I lairpldwro I ',A"P,naL' DO:): OK9:=lpL, fluov'Otebtlfse9swx�n-5 s5s-�':0'coeusal5.^ �`. �rc-95yoaaN aLr.uodo Aarme rcDs5=0 T 'f; .965: Sur.- -up«Civawnmoc) SOeh piC2zW7,wsia^ leuapei, - ownoE /Je, Aew suoyRum Vjs le-=r =ZrpaL uu4 si on,e+, aouamiok' .aril, o; vl eouapwmxz iv mueum %D', c ipw. umir ialpCr imv=uo.: veer az s, antat. pJcz�� aiexIP£ :alnl; Die S02"M e . 1CJRu!Yi ' � A5ol0e5or�Av WL--E? 3:;use+c . AillmCIF 003;g :nOSR�r' �:.0iS�114:.^ PPS UCPY llDVy JILL"e eulvi io *.; .ebcjd 4==Pr wa"r eit4� emlaux-D Ste_ 30014C)PIND MOIAee uaT3CZ]ldaqr Bull-l— � pilewLL7.^^,,, '1.5ototil: ,� yoiiip I 1�u7 aeY; a;Soax�, 9'Q5: fbo-�aoalor, Ali�iCr A3E�>a7^� 4 Sump ate' 'w3. r...[.i�•41s]ci�_-.�e:..3e�i.ie.iy� ril Yfa6ii .u.�IY.r rSiwilw..•.Q J7�4An'�4�L'r �i,�i '- a'�.'{euu�yyla(,'� ri11ig0.i1i — _� - �'�F-.a �'� 5 Bill Bellamy & Sons, Inc. • •9 • PAY 7 TO THE , Y n;nF • •� / DOLLARS s���a;r �a F�ya...•.a�dr �-_..-.-•.tea. wn.i..rw.a...dw. - - y::.4r:er bm...:N.0.ti� i.tiw-•v •'-^ - aruvas .. �L.41�GiL.�'vrn �' r: • NORRIS, KUSKE &TUNSTALL CONSULTING ENGINEERS, May 15, 2009 Ms. Judy Wehner NC DENR / Division of Land Resources Land,Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Re: Mining Permit Application Submittal Hughes Smith Road — Pit #2 Brunswick County, NC NKT Project No. 09008 Dear Ms. Wehner: INC. J. Phillip Norris, P.E. John A. Kuske, III, P.E. John S.Tunstall, R.E. J.A. Kuske, P.E. of Counsel Enclosed are six (6) copies of the location maps, mine maps and reclamation maps for the subject project, six (6) copies of the completed application and a $250.00 check for the processing fee. Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, NORRIS, KUSKE & TUNSTALL CONSULTING ENGINEERS, INC. .Joseph K. Bland, Project Manager J KBlneh 09008 05-15-09-s-mining-Ilr Enclosures cc: Mr. Bill Bellamy 1 Bill Bellamy & Sons, Inc. RECEIVED MAY 2 6 NO LAND QUALITY SECTION 902 Market Street -Wilmington, NC 28401-4733 - Phone: 910.343.9653 • Fax: 910.343.9604 oul M Jr Z9 .ZC.9L0 N ..'b L6 .ZO .KO :uOl1eo0, 1ge1000i slenba 43ui l :aleoS 600Z19zl9 :e)8(l dNVi338=1 :au+eN I l I NI ..00'O1.Z£ .OL0 I I I rA ..00'OI.££ .9L0 1 I I M ..00'OI.Y£ .9LOI I O _ 1. �y?�.• J • � � i �' ."#��� • t { _ �,.:.• O pin "' Ma,,, •r '� .M ..... 'Y O - .MyM .,-......._ ( f,.,.. 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M ..00'0 IZ£ .9Ld I I IM .100'0 .EE .9L(i I IM 1100'b .4E .BLQ 8 NORTH CAROLINA MINING PERMIT APPLICATION state of North Carolina Department of Environment And Natural Resources Division of Land Resources Land Quality section RECEIVED MAY 2 6 2009 LAND QUALITY SECTION 1612 Mail Service center Raleigh, North Carolina 27699-1612 (919) 733-4574 Revised 4/2002 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 t . . MINING PERMIT APPLICATION REVIEW PROCESS FLOWCHART BEGINNING OF PROCESS Application received by Land Quality Section/ State Mining Specialist 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 complete? If "YES", Assistant State Mining Specialist drafts the proposed permit action Applicant issues Public Notice - Land Quality Section Regional Office - Division of Air Quality - Division of Water Quality Review Public Comments; Public Hearing Possible •...............1................1.E 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 Land Quality Section Regional Office (Qo to* 1 - �� ._ �, _ t ,' f • 1 I � � I �1 i �. � r � � + .• � r��l �. ' . ' ' .• .� •. ' ' � � � _ _ � 1 i • 7 k � i�.. � 'r � i �1. � . � 1 . �� , i � � � /� , i • Application & proposed permit action reviewed by State Mining Specialist Is application & proposed permit action complete/acceptable?? If "Yes", the following permit actions are issued by the State Mining Specialist: - Draft Permits - Permit Transfers/Name Changes - Bond Substitutions - Permit Releases END OF PROCESS If "YES", application & proposed permit action forwarded to and reviewed by Division Director Is application & proposed permit action complete/acceptable?? IIf "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 Land Quality Sections Chief Is application & proposed permit action complete/ acceptable?? 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 (go to * ) END OF PROCESS s NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Hughes -Smith Road_— Pit#2 _ County Brunswick River Basin Lumber Latitude (dd.mm.ss) 34°02'3.5"N Longitude (dd.mm.ss) 78032"22"W 2. Name of Applicant* ._._ Bill Bellamy & Sons, Inc. 3. Permanent address for receipt of official mail** P.O. Box 2169 Shallotte NC 28459 Telephone 910-287-3850 4. Mine Office Address P.O. Box 2169 Shallotte, NC 28459 _ -__ Telephone 910-287-3850 5. Mine Manager William E. Bellamy, Jr. __-- -- - We hereby 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. Date ...,_. Print !Name winiam r. tseuamy, Jr. Titled d 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 Land Quality Section 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 grantor 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. -1- . � _ .i its. . ! F i, ` � �� _ � .�. . ' � - i. t . ... J. . _ ,+, '. 1 A ' r �. ' � ... i. � � ;Y ' ._ .. • � � < _ � . .F ® • 1 0 0 APPLICATION FOR A MINING PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to 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 Answer all of the following that apply: 1. a. 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 thatlie "new permit" fee will be based upon): 10.39 AC Of this acreage, how much is owned and how much is leased? Acres owned: 9.433 Acres leased: 0 Property owner if leased: N/A - 0.4957 AC part of public access easement b. If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered y Me existing permit: Mining Permit No.: Total permitted acreage (thus is the acreage that the "renewal" fee will be based upon): c. If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covere y the existing permit: Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes,,,,_ No_ If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes No . If yes, indicate the additional acreage to be covered by this modification: (NOTE: you must complete all of Section F. of 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 (disturbed, ground cover removed) by the minuig o tion? Yes No (if no, a "minor modification" fee of $50.00 is require 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): d. if this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by Me 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 / Construction Fill Dirt 3. Mining method: Hydraulic Dredge Front-end Loader & Truck — _ Shovel & Truck X Dragline & Truck Self -loading Scraper Other (explain) -2- .l r ' �' � '.`� '' ,.,, �' �+ �' y i Al • _ , •1 - • 0 APPLICATION FOR ,A M 41NG PERNQT 4. a. Expected maximum depth of mine (feet) 20 feet Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Natural Grade b. Expected average depth of mine (feet) 20 feet 5. Has any area(s) at this site been mined in the past? Yes No X If yes, when and by whom was this activity conducted? 6. Number of years for which the permit is requested (10 years maximum): 10 B. MAPS 1. Clearly mark and label the location of your mining operation on six 6 coRies 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: N.C. Geological Survey NCDENR 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 715-971 S County highway maps may be obtained from: Location Department State Highwaay Commission Raleigh, North Carolina 27602 (919) 733-7600 -3- IE �J 0 APPLICATION FOR A MINING PERMIT 2. Mine maps must be accurate and appropriately scaled drawings, aerial pphotographs 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. As a reminder, miningpermits can only be issued for up to 10 years; thus, all mine and reclamation maps must only 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. gg 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. Outline and acreage of all settling and/or processing wastewater ponds. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. in. 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 reap. 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. 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 0-99 Acres 1 inch = 50 feet 100-499 Acres 1 inch = 100 feet 500+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they -4- clearly illustrate the above items) � �4 � ,. ` tiY .. �� 4 0 49 APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine mapp that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/liaul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the raining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds Stockpiles Wastepiles Processing Area/Haul Roads Mine Excavation Other NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC IN �RMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTION&STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- I ' I 0 • APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES l . 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 mine barrow area will be cleared and grubbed. Miring will begin from the Southern pit limits and progress Northward to the proposed exaction limits. The area will be reclaimed upon project completion. 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 shall be required when needed to justify the adequacy of any proposed measures. The entire project site will be surrounded by existing vegetation buffer to act as filter for any surface sediment movement. Since the mine is a pit, movement of sediment from the pit will be negligible. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes No X . If yes, briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes X Now If yes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). All stormwater that collects within the pit area will be routed through a level spreader to defuse flow through existing undisturbed buffer and into wetland areas to aid in wetland protection and groundwater recharge. r I • APPLICATION FOR A MINING PERMIT Will any part of the proposed mine excavation(s) extend below the water table? Yes X No . If yes, do you intend to dewater the excavation(s)? Yes X No . If yes, what impact, if any, will mine dewatering have on neighboring welts? Estimated withdrawal rate in gallons per day: 70,000 . 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 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. There are no wells within 500 feet of the exaction. All discharge will be due to collected rainfall. No significant ground water seepage is anticipated. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water duality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 100,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. A copy of the application is enclosed. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes No X 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? Due to the sandy nature of soils, dust is not anticipated to be a problem. Also, buffer distances to inhabited areas are extensive. If necessary, the haul road may require watering as a dust control measure. UFM 0 APPLICATION FOR A MINING PERMIT a. A buffer will be required between any mining activity and any miningg 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)- The minimum buffer width will vary from 50 feet to 30 feet from wetlands and property lines. 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 bejustified. 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 site evaluation was performed with the ACOE and the proposed project limits were determined not to contain any wetlands. Between identified wetlands and the proposed excavation limits a 50 foot buffer has been established. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to I 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. Side slope excavation will not exceed 3 to 1. Wide enough buffers exist between the mine and adjacent property lines to ensure no violation of boundaries. 's:}c; ., 4 ,. . .. • . '� .. .,: s �: �, � —1 f f r ,. r ; ; 1 , I �. ' � � F ; . a � � • APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine map(s) 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. A side slope of 3 to 1 or flatter will be maintained. c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications or benching and sloping. Cross sections or all cut slopes must be provided on the mine map(s). NIA 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, 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. No blasting or vibratory equipment is to be used. The excavation site is located at a sufficient distance from any existing neighboring structures, etc. to disallow any physical harm to them by typical shovel and truck excavation methods. 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). A cable gate is located at the proposed haul road and SR 1322. Sufficient wooded buffers exist. WE t • APPLICATION FOR A MINING PERMIT Are acid producing minerals or soils present? Yes No X How will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintauung 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 minimum 30 foot buffer will remain vegetated where the project limits abut neighboring property. 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? No 11. Will explosives be used? Yes No X . 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 nearbyy 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. 1.2. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes No X Ifyes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the location(s) ofall storage facilities on the mine map(s). -10- APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN 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 area will be reclaimed as a wooded area and lake with soil road access. Pit banks will be grassed and allowed to revegetate with naturally occurring tree and shrub species. Haul roads will remain for access and future timbering purposes. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes X 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 fists? Yes X Now If yes, specify species. Bream, bass and catfish 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 he shown on the reclamation map. N/A -11- 7• r i' t ., clef 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. No significant amounts of overburden, etc. are anticipated. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. No stockpiles are anticipated. Material will be excavated as needed and hauled away. Haul roads will remain for access to the area. b. Will any on -site roadways be left as part of the reclamation? Yes X No . Ifyes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization. The existing Haul Road connects through an easement to SR 1322. Drainage already exists for these roads and is stabilized with vegetation. 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 tleNT Department of Environment and Natural Resources, Land Quality ection and either the Division of Waste Management (DWM) or local governing body. If a disposal permit hgi7been 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. No significant amounts of waste product are anticipated for this proaect. Any waste generated will be disposed of offsite in accordance with local, state, and federal regulations. -12- 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 permanent revegetation and, if necessary, temporary reveggetation. 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 Division of Forest Resources, Department of Environment and Natural Resources; 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 Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; gg 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): 1.5 tons/AC FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): 10-10-10 fertilizer applied at 500 LB/AC SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed TXpes. Seeding Dates: Seeding Rates: Pensacola Bahragrain 50 LB/AC Sericea Lespedeza 30 LB/AC Common Bermudagrass 10 LB/AC German Miller 10 LB/AC MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: Apply 2 tons / acre of grain straw, anchor by tacking with emulsified asphalt, roving, netting, or crimping. OTHER VEGETATIVE COVERS -- TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULk,,(pvu gore, trees/acre, spacing of trees/shrubs, etc): S S/ �o Revegetati -13- by: a~. APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND Thefollowing bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $S00 to $5, OQO 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 annroximate acreage for each AFFECTED CATEGORY ACREAGE Tailings/Sediment Ponds: 0.12 Ac. Stockpiles: 0 Ac. Wastepiles: 0 Ac. Processing Area/Haul Roads: 0.43 Ac. Mine Excavation: 6.47 Ac. Other: Disturbed Buffer Area 0.13 Ac. TOTAL AFFECTED AC.: 7.15 Ac. (TOTAL PERMITTED AC.: 10.39 Ac.) RECLAMATION RECLAMATION COST/ACRE* COST X $ 500 /Ac. = $ 60.00 X $ 0 /Ac. = $ 0.00 X $ 0 /Ac. = $ 0.00 X $ 1,800 /Ac. W $ 774.00 X $ 500 _ /Ac. _ $ 3.235.00 X $ 0 /Ac. = $ 1900 a3�� Tempgrary & 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 onite watercourses and wetlands. a) Internal Drainage 7.15 Ac. Use $500.00/AC 1�0 b) Positive Drainage 0 Ac. X $1,500.00 = $ �4303 0.00 SUBTOTAL COST: $4�0� Inflation Factor: 0.02 X SUBTOTAL COST: $ 82.68 X Permit Life (1 to 10 years): 826.80 INFLATION COST: $' b 826.80 TOTAL COST = SUBTOTAL COST + INFLATION COST = $40 Total Reclamation Bond Cost: $ 4 00 _ 00`-' (round down t6 the nearest $100.00) -14- r� J • ' � � � � t i� i .. I r ` .' _ ..� �' � , ��.' � � s� i ' I ' i '� � . f } • 1 +i � _ . ' .f�-` .� I � � � f ` . � 1 � • � 1 _ ._ ,. 1 \ 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 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 is 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 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(b1). ■ SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -15- 6 • 1 NOTICE Pursuant to provisions G.S. 74-50(b l) of The Mining Act of 1971, Notice is hereby given that Name has applied on (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): (a) a new surface mining permit 0 (b) a modification of an existing surface mining permit to add land to the permitted area The applicant proposes to mine Sand on 10.39 acres located 11 (Mineral, Ore) (Number) (Miles) West of Shallotte off/near road SR 1322 / Hu es Smith Road (Direction) (Nearest Town) (Number/Name)m in Brunswick 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 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 are on file and available for public review during normal I business hours at above Fisted address as well as at the appropriate regional office. For information 4. P.O. Box 2169, Shallotte, NC 28459 (Addressee/Owner of Record's Name and Address) 5'/!S i a.7 (Date of Issuance of thfs Notice/ Mailed to Addressee/Owner of Record) -16- on process, William F. Bellamy / Bill Bellamy_& Sons, Inc. (Name of Applicant: Include Contact Person & Company Name, if Applicable) P.Q. Box 2169, Shallotte. NC 28459 (Address of Applicant) �� }! ' 1 i! E APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 1, William F. Bellamy, Jr. , 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 Environment and Natural Resources, 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, 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 LISTING (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, to said office at the following address: (Chief Administrative Officer Name) (Address) [City Manager, County Manager, Mayor, etc.] Mr. Steve Stone, Assistant County Mangger PO Box 249 Bolivil NC 28422 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 ad'outwg tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of recor� 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(b 1) and 15A NCAC 513.0004(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. b.; z;, J //, - - - - Signature of Ap r Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) + ++ is rn (title of person executing Affidavit) I, l�Qr1n ��'� ___ _ a Notary Public of the County of -LLA s Wi 6(- , State _l e--, .A of North Carolina, do hereby certify appeared before me thi 4a I'm Witness my : \ and notari Notary: CR was made this I S day of _ a 1 20 D 1 c.�-�... My Commission expires: ��\\\ -17- :, i .. c �'� i ' I - � � :�� �' .f �. - .` 'ti . , � ;, r< '+� ��� . ., � � � .. r . � + ., .. .. - ,- • � I . �i •,; ii i :` I. :� _ � _ . �. ;ri _ � rig• r - .. I ki �I � + i .. � ,. 1 i i - • s � i, � 4 ' .. - � 3' I. 3J}..1 ..1 k . - � 1 . � ! • i � 1 1 � . ../ � • _ � 4 I 1 . A • � Hughes Smith Road - Pit #2 NKT # 09008 Adjoining Landowners Name Street City IState Zip Parcel # Smith Lennon Cooled a et Avis 6860 Hughes Smith Road NW Ash !NC ; 28420' 1460003301 Homey Christopher Lynn et Arleen 6816 Hughes -Smith Road NW Ash NC 28420 1460003309 Landrum Bobbyet Patricia ,Long Donald RaX 3302 Landrum Lane NW 3546 Whiteville Road NW Ash Ash NC 128420 INC 28420 1460003310 148 AEAE 001 Nealey Rhonda 6798 Hughes -Smith Road NW Ash_ NC 28420 14BEA002 Long Donald Ray 3646 WhAeviiie Road NW Ash NC 28420 � 146EA003 Perkins William L et Barbara A 27855 Hampden MadisonHeights IMI 1480711 146EA044 Smith Ernest Monroe Jr Et Jennifer 6754 Hughes Smith Road NW lAsh _ NC�28420, 146EA045 Smith Charles A et Alice A PO Box 10 Ashy 28420 1460003305 Price TroX etux Gail 1650 Black Water Drive —'NC Calabash INC 128467 14600033 Smith Charles A et Alice A IPO Box 10 Ash INC 1284201 1460003502 Ward Ralph W_ & Larry_E 3008 Longwood Rd NW Ash NC 12a4201 14600032 Tripp James R Jr & Harold Drive PO Box 126 Ash W NO 28420 1460003306 Stanley Keith Gregory 7170 Hughes Smith Road NW Ash NC 284201 14600038' lHughes M Thurston et Ora 6953 Hughes Smith Road Ash NC 28420_1_ 14600036 '�_ •, �; 's .;� ., ,:. .. .. 't . . �•ti r .` �t�•:�- '•��r � � 1- � � f -. P, � � r � . �. �.� r 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. 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: Print Name: WO I (- GLrrm E. 3)e I (arnu J r- Address: P 0 30 Shaltotf-e,.I Me 2 Pe Telephone: Rr 0 - -� 3 -3SSo APPLICANT: Signature:* ,L, Print Name: Wi l h ary'% E• i s j r Title: PCQS 1 Company: -bei t avy � &vi S I tie-, Mine Name: _)+V9ke s SVY T *Signature must be the same as the individual who signed Page 1 of this application. maps, and the a ro riate roeessin fee (see neat page for fee schedule) in the forma check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section 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) 7334574_ MINING A nonrefundable permit application processing fee when filing for a new mining permit, a major permit modification or a renewal permit is required as follows: TYPE ACRES NEW MAJOR PERMIT MODIFICATION RENEWAL Clay 1 but less than 25 $500 $250 $250 25 but less than 50 1000 500 500 50 or more 1500 500 S00 Sand & Gravel, 1 but less than 5 ISO 100 100 Gemstone, and Borrow Pits 5 but less than 25 250 100 100 25 but less than 50 500 250 500 50 or more 1000 500 500 Quarry, Industrial Minerals, I but less than 10 250 100 100 Dimension Stone 10 but less than 25 1000 250 500 25 but less than 50 1500 500 500 50 or more 2500 500 500 Peat & Phosphate I or more 2500 500 500 Gold (Heap Leach), Titanium & Others I or more 2500 500 500 A nonrefundable SSO.00 permit application processing fee Is required for minor permit modifications. Minor permit modifications include ownership transfers, name changes, bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added to a permitted area, outside of the minimum permit buffer zone requirements, where no plans for mining related disturbance of the added lands have been approved. All other changes are considered major modificstions. Acres for new permits and renewal permits means the total acreage at the site. Acres for major 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 eiisting permitted area, or both. 1012000 -19- . Y � LAND QU Francis M. NMIs, Jr., P.E. Section Chief Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 5hiaataQ Address: Land Quality Section 512 North Salisbury Street Raleigh, NC 27604 0 James D. Simons, P.C., P.E. - Chief Engineer David H. Ward - Sediment Specialist 7 - Assistant Sediment Specialist Tracy L Davis, P.E. - Mining Specialist Judy Wehatr - Assistant Mining Speciaiist 7 - Assistant Mining Specialist 7 - Dam Safety Engineer Tam[ Dodd, LL - Assistant Dam Safety Engineer James Caldwell, E.L - Assistant Dam Safety Engineer Caroline Medlin, E.L- Sediment Education Courier Specialist Telephoi Tabithe Brown - Sediment Education FAX No, Intern Greg Tal Secretaries Wendy Sposto - Lead Secretary Stephanie Lane - Sediment & Dams Susan Edwards - Mining LAND QUALITY SECTION REGIONAL OFFICES ASH E V I LLE M OORESV ILLE W INSTON-SALEM RICHARD PHILLIPS, P.E. DOUG MILLER, P.E. MATrHEW GANTI', P.E. JOHN H( Interchange Bldg. 919 North Main Street 585 Waaghtown Street 3900 Bart 59 Woodfin Place Moortsvi[le, NC 28115 Winston-Salem, NC 27107 Raleigh, A Asheville, NC 2=1 COURIER - 13-15-01 1NTEROI COURIER - 12-5MI COURIER - 09-08-06 (336) 771-4600 (919) 571- (828) 251-6208 (704) 663-16" FAX # (336) 771-4631 FAX # (91 FAX # (828) 251.6452 FAX # (704) 6&V6040 Alamance Alleghany Ashe Chatham Avery Buncombe Burke Alexander Lincoln Caswell Davidson Davie Froaklin Caldwell Cherokee Clay Cabarrus Mecklenburg Forsyth Guilford Rockingham Johnston Graham Haywood Henderson Catawba Rowan Randolph Stokes Surry Northam[ Jackson Macon Madison Cleveland Staaly Watauga Wilkes Yadkin Vance McDowell Mitchell Polk Gaston Union Warren Rutherford Swain Transylvania Iredell Yancey FAYETTEVILLE WILMINGTON WASHINGTON WILLIAM (TOBY) VINSON. P.E. DAN SAMS, P.E- FLOYD WILLIAMS, P.G. 225 Green Street 127 Cardlaal Drive EM 943 Washington Square Mall Suite 714 Wilmington, NC 2840-44US Washington, NC 27889 Fayettevllie, NC 28301 COURIER - 16-04-0I COURIER - 14-5&25 COURIER - 04-16,33 (252) 946-6481 (910) 486-1541 (910) 395-3900 FAX # (252) 975 3716 FAX # (910) 48"707 FAX # (910) 350-2018 Beaufort Beetle Camden Anson Montgomery Scotland Brunswick New Hanover Cbowan Craven Currituck Blades Moore Carteret Onslow Dare Gates Greene Cumberland Richmond Columbus Pender Hertford Hyde Jones Harnett Robeson Duplin Lenoir Msrdn Pamlico Hoke Sampson Pasgaotank Perquimans Pitt Pavia& ryrrell Washington Wayne ' i, h � 1 ' 1 1 1 � ' .. - Yc '4 .. � ' .� r � _. .. ' � �� .. , � ,'. r I r. �,. r - IL . SCHEDULE OIL :LAMATION COSTS i0/2000 - applicwe.ach.wpd Of $500 - $5,000 per affected ac 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, AV = Gold, TI = Titanium, and OT = Other SG, GS, Borrow CS, DS, FS, MI, LI, PF, OL, KY PH CL PE, AU, TI, OT TtS Poach $500/ac.(L) 1500(FI) 500 (L) 1500(FI) 1000(L) 2500(FI) 1000(L) 2500(FI) 1000 (L) 2500(FI) S . piles- - W . Pilea $1800/ac. $2000/ac. 1juers 2500 2500 2500 2000 5000 5000 3000 P.area/H.R. $1800/ac. 2000 5000 5000 3500 (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetating Excay. $500/ac. (L) $2000(PD) 500 (L) 2500 (PD) 2000 (L) 5000 (PD) 2000 (L) 3700 (PD) 2000 (L) 5000 (PD) 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 RECLAMTION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 161.2 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING AS A 1INIMOM: - FINAL GRADING COSTS PER ACRE - LIM 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. 1,000 copies of thie public document were printed at a coat of 0045.91 or 0.85 per copy. 4/2002 DEPARTMENT OF $NVIRONblEQT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES - LAND QUALITY SECTION -21- }'. � I � � r , � f _ � � �; _� � � Y • . i •�. � � � r �,+ , •/ I i 0 o Complete iterna 1. 2. and J, Also comph4e item 4 it Restricted Delivery is desired, s Pmril your name and address on the reverw so that we can return the card to you, Y Attach this card to the batik of the matlpiece, or on tes front d spaee perehta. 1, Ancle Addressed in M Thurston and Ora Hughes 6953 Hughes Smith Road NW Ash, NC 28420 A, sq-ttuin, x ❑ ARenl fl A,ttleesen e R.cerred by ! Pnnw N—,j I Cpate of DIII V 0. ndefxry aooesl atbxnttvnnem 1? ❑ Y a e YES. enter deyv war bbbw C %o 7. Type Cenrhed M" ❑ Evpr Map Repatered 0 Return Receipt for Merchandise vn w Mal U C.O.0. d. Restricted OaINW 0m Fae/ Cl m 2. A""iiNurcet 7007 1490 0001 5493 9476 (Bander eon 1enev 11W PS Font 3$11. February 2w Oemaltc Rmvm Reempt ,oaeaso -W -W O D�� An ZZc W N p e oNa m C AC m M a s z ill N W rp w a ri tz- MAY 2 Wjrj G"sJAUTV SE:CTI'N ■ CompWte items 1. 2, and 3. Also compete Item 4 4 NKtricteC Ddwry Is (Mwmd. f Pr'mt ypbr name and address on the revetae so that w can return the card to ydu. 1 Attach this Cord to the baCk at the maitpiace, or on the front it space permits. 1. Arhde Ad&v wed t0' Ralph and Larry Ward 3008 Longwood Road NW Ash, NC 28420 x a .4w ❑ Ader!43ee 0 Re ,w by (P—t d Namrrl I C, Odle of 0e�ery 0 l? ❑ves II YES, enser dehvmv Adams below: ❑ No 3. S.yioe 1'yRe Sg'renrr a rA� G7 �>,waes Nwa ❑ Rep4te vd 17 Return AwOot for MaUgwlse ❑ irm-d Mad 0 C.o.O. J. Restricted OWvery7 t£nla Feat ❑ yo Y•2• AAKle Nlrmeer (rranslm yarn aence lebeq 7007 1490 0001 5493 9445 PS Form 9811, February 20Cd 01me5Lc Return Recent wesn 4 ,sw d Dw� ? m� s /\ l A 0 Z no .NpM0 Np 0CL S 7C Z-„mN ;u0) 3 0 CL ~ 0 p O — CL — L_J O Gdmpiote Ilona 1, 2. and 9. Also complete Item 4 if ReMrKted Delivery is desired, tl Mur Print yaw name and address on the reverse so that *e Can return the =a to you. i7 Attach this Cans to the t)BCk of the nlOpleCe, a ml the bent it SWO DIWMlt& S, ArLK* Ad&vssW to Troy and Gail Price 650 Blackwater Drive Calabash, NC. 28467 A. Sonatas X ❑ Aprnt p Amre4spe B Recawee By 1 P—Fw AWI*e I C. Nit o! E*kV.y D bOitYry eaO.il,eeela,sBall sem l7 Own I YES. "W eal--Y —Wm wbw: O No 3 S.IVW lylM Ld CwWmd M-1 ❑ F-Wm Mail Q RaphNMO ❑ Fwtvrtr ftttcetot ftx IAwa—dse 4. Fteancrao Dsh-y? (ERtra Feel Cl Y" 2, AnX*Nurfito 7E107 1490 0001 5493 94M O?J-ter fr AM—J9W PS Form 3811. Femutry 2OD4 Domestic fLtwn Receipt lozsssm la la.o ; j � N M 40 "� N z M 1q N 0 � pNpp 70 j Rr N m G O0 6 an r is %avttplete tend 1. 2, and I Also tonslae4e dem A it Restnctod Delivery is dewed. O Print your name and address on the reverse so that we ran retlYn the card ld YOU, An2Ch thei card le. the Clack of the mailplece, or w the Iront d space perm I MO. Addressed to Charles and Alice Smith PO Box 40 Ash, NC 28420 R Spa wa X 0 ALMN ❑ AddrMe.! e 4ecVv.d W(P—ftld M—) IC_a.t%WDO—w 0. a dM�vdy adtlrtss Weerent Fmm aem t ^ ❑ AN 11 YES..etn deavery address D.M.- 0 No �. seriNM 00Ool43Illal a Fxpm Mall 6 Aog*ww ❑ ne.e neeeps rd w4 el"It' . 0 wisi m.4 Q c.D o. t. R.01,1clod OW-0 fE In t=ee) 0 Y.. 2. Articlehll.rtdp 7007 1490 ❑OOL 5493 9421 (rre,ftm_:�eA- P$ Form 3811, redmary 2004 Domestic Return F ipl .0239542-u• gi O b -aC) N � =r —0 za N C) N O Z :3 O a 011 DaC N N . C)�� 3 7C A. (a C s � O ,3 N P. M (D C C1 MI N !21 0 a CL i- 9 Complete derns 1, 2. and 3. Ake Complete item 4 it Restricted Delivery a detind. Y Pnmend nt ywr name midaddress on It* Mri,' e so that we can return the card ID yw ■ Attach this Card 10 the hack of the medpece, Or On the front if space permits. I. ArT d. Addm.W M. Ernest Monroe 8 Jennifer Smith 6754 Hughes Smith Road NW Ash. NC 28424 A +4w," x Addd Ado —.se B. Aece-d by f Pmlw PA"ji I C. Dane of Dekmry D. I. dd."ey address dd*Wt ]— item 17 ❑ Y- Il YCS. enter dehErRy.0&—. uel— ❑ N. 3. rrp. Ce+t3�6Alai 0.1. ❑ %gma.d 0 Aetrrrn flec.Ore, 0 booed Mao 0 O.DD, 4. Rertncted Debpf? IEr[ra 1 t) ❑ ye, 7007 1490 0001 5493 9414 0?&rA r mem »roft Yt PS Form 3811, FeWtiary 2004 Oeeestic Return RwAV iomesaz-WI!Ra '^I p N 0) m ? (� { I n� " N; Z N a a C 3 N L4 ^ 3 Go Z C: C ?� n * 3 CA a O 5 >fl Q a^ e cormPlete Items 1, 2, and 3. Also com qte nam 4 it Restricted aeLvery is neaaed- ■ Pent your name and address on the �srersa so that we can mtNrn the Card to yor._ ■ AhXn this card Iv the bKA of the r*r�111?rBCa. or en the frwt 4 Sp3Ce Oknmity, 1. ArtRln Addra—In' William L and Barbara Perkins 27855 Hampden Madison Heights, M1 48071 A. Sg"we x ❑ Agent ❑ Aaor.esee B R.cww Gr r Aerr a rwlss. G Qate o! [xn„ery 0. Is dnvery auwess d.11—t rrom am 17 C Yes w.. It YES, ~ dw—v addrese w4— ❑ Ne a e Type Celt Sad Ma ❑ Ezprms Mae ❑ Rngntdad ❑ Retwn ReLept for Moir fiY ea Inwred Mail 11 c O tl 4 Re Ied OeMeIr !&Ira Fart ❑Tyr rr"f- n,$ 7007 1490 0001 5493 940? rirrwi rrom sernas+eoen Ps rorm 3811. Fewuaty tow Uwnest4 Retwa R—pi 1025i w ISO A tp m RL C. y ?. to C3 C3 n r O to E C Lin r s� w r ^� n CorDlnte .term Y, 2, and 3. Also complete haul 4 d Remlticied DONory i9 4"red. ■ Pant your name and adore W the reverie s that we can return th6 card to you. a Attach ih� Cale to the oack of the rt Ipiece. of ell Ile {font d space pem09. t , An.l. Addre—W I.. Rhonda Nealey 6798 Hughes Smith Road NW Ash, NC 28420 Sgnetwe X i3 Agent !� Audhavx 0 A caned try (Fnntld M.n C. Dnt. ar De ery D. I- dStherye d,m nd,—t frp ,ter I W Y- I} YES. enlel delivery address b, o—: ❑ No a. ice Type CM.W Mad ❑ Express Mad 0 Req+steled ❑ Return Floc W for Mactum,, 0 PhM.ed Mai Q C.0 D 4, Reatncted OeM.ery? IF-f. Fee} 0 ym 2. ArucleNumber 7007 1490 U001 5493 9364 lRenrrer han m v Tad Ps Form 3811, February 2DD4 .�, Dnm.Stic Return Neea.pt io2$95a2 W JAG N (M Z1 ?CO Z-Ta n C 07 C0 C4 N CrD � U1• 3 7 X 9 C2 -j t✓ �^ r -2 C, �rr�eelra I LM l7 in eeer�p r W �w tp to Complete items 1. 2. and 3. Also wmplata item d if nestricted CeW" Is desired. ■ fh nt your name and aCdnms m the iFvo m e0 thal we Can r0turn the Card tb yau. a Anach this card to the Wck of tine m 4oace, W On the haul If Space peRiMs 1. Hide Addrewd w., Bobby and Patricia Landrum 3302 Landrum Lane NW Ash, NC 28420 A. slpren+e x 0 Agent ❑ Add— B. Fl-*M d by f P—Vd M—; 1 C. Date or Denver} D. Ie OMKWY O"O dlMna Inun dart+ 17 ❑ yes If YES. solar dWl,r y addrw below: Z No 13. type C Ydd Md, o Ewq" rrt.n Q Regwbmw C3 now Reco. for Momenow ❑ lftu w Mee Cl C.0 D. J a. Restrlded D*-y? EON Ay ❑ vn 2. muderuowr 7007 1490 0001 5493 9377 Rhral* rwm srvk.. bbe0 PS Pam 3811. February 2006 Dorneatw Return receipt lozsusW-rn-Ibw Dwm a SNCr K n� w N 2 f7 C � 3 7. n. w y Iv r 3 N �M a 2 3 -- n N 0 N D c In 3 =r 7 z N rSl n�m � N rip tip C 0 7 CL g4:�[' .t •^-^(� �.� k .• Fi I•" ' - �w� I 3r-� �"k � r:xFA� _ t # F� , -' - F � ��"�� `' . 'a r IA _ ,'l , ';-; v. • . _ � " i ., d „r7 Jr . l . CW05W KKK 1. 2, and 3. Also ONM3iM '- -•-t'€:u^ - '�.u,= ` ftn 4 H Reatdctad D*Pwwy la dednd. ■ PriM ym nena and addmd s m u rrAm X O Ap.* 0Add gssss "'u' •• e „., n r ;- . � a r' . n". e a " so the fha to t •. r�l' Mr, �' a j we can —tun Card )SIU. B. RK1Md by i P,~ MY•MJ C. Od- d DWwr�k, [ .d..M. _ , � C j ■ AMWh #do cord to V"a beak of ma j ; •if or an to font H -Pace pwrbta- �-rd'a"�Y addw Oaf,[gok„-a„57 ❑`M ej, �',; - 4. Mfri- Addm.sd W: M vEs. «snr dm*WY ed&M ashes: [] No Donald Ray Long . y 3546 Whiteville Road NW •� yr eT`,N;,, ASh, NC 28420 ",y1 H=ir�•,n' rW,r ,r` . : a Coo �- MW ❑ Exp FMd 5. 1� .��ln.a A,,.� �,eV •f .ren-e ''.r r •-';4 ,.� ❑ Wplsbn- ❑ FWW Picglak f. Wwchaflmas . • V .IF t- ,'4 •• r� •T >7 nvknd Mal 4. mwml lxd 1-7 C,09, r .r hYJ+xd •(7'i r Y .F . - ef •'s, Ohmsf taamsvvto'Aw 7007 1490 0001 5493 9391 ',' f1�, 'j°, .a„ r' �, • PS Form 3811. Febm wy 2004 0.1-W PAWM Rsc+lpe - --tms�7.w+�16a J ; �� ` » o- y'9 ._r ± s; • " . yp.• - •'f-- - _ - .. fix. �r - . _ ff .• b • ,lf. , - a,r '# ",qF, , F. .P ,y,� :k ,,�, r 1.� � •„ ' k " ;" r.S ,.. r4 4i� .l+` J'Sr ,�•'. "A •' i i,. ... N - ,� t`�b•�"rr 4 , _- a• t: may• - wsF ,t + Al k[WAk ,� • x' 0 N Q Z p� O r 44 ; J • ' '.,a�.' o !A = sue•. ? S F . ' u � I to 4 �+., �,. - • 4 � � �a t� c v uj Q. f e { 1? - - INy, ak`�3 F r p r}r xNp{' " • . y" 4 �, Y � '9 o " - 1 Vll Iv .,. •4: L "A- �Y 0.l'i {,•.r .E fr "r a, - •q� r - R. 1Y i t" ._ � � a ►J - u` Y• .l,M " '1" . 4 P Krn• d . ,i �! irk y - n `- •:� .r , r : A 4 j.•s` a. a . i r q a'�«',:R '-,tr 4 8 g 1 7q4� ti�nq gOJi 5493 9360 Norris, Kuske & iunstall Consulting Engineers, Inc. 1429 Ash -Lithe River Road Ash, NC 28420 To. Christopher Lynn & Arleen Harney 5816 Hughes Smith Road NW Ash. NC 28420 • • M Er cr 0 Er r 0 n r IVG�Ii11�111R��VB�II Norris. Kuske & Tunstall Consulting Engineers, inc 1429 Ash-tiffie River [toad Ash, NC 2842D To: Lennon Cooledge and Avis Smith 6860 Hughes Smith Road NW Ash, NC 28420 • ■ Complete items 1, 2, and 3. Also complete .tem 4 it Restricted Oalr e y is desi+ad. a print your name and address on the reverse 5o that we can return the Card 10 you. * Attach this card to the back of the nadplem. or on the Irons it space pwrnds. 1. Adele Addre^. SW to Keith Gregory Staley 7170 Hughes Smith Road NW Ash,.NC 28420 X ❑ Agent ❑ Add— B- R--d by f annr.r wmet G. pate of P k—v 0. h dolnerf addrees m k—i torn ,tem 17 V Yw If YES, enter deWery adhess below', ❑ N. a Type Cdtdled 1d. Q EsP nIe Malt 13 Reti stored ❑ Return Receipt for Merdhandtx Q hsuted Mml ❑ C.O.Q. 4. Restricted oeilvery? Xxfra Feel Q yes 2. MCleN�be, 7007 149C 0001 5493 9461 (framkr rrdm ss+ec. mae0 PS Form 3811, Feoruary 2004 C—essic Relten RecaP1 '0 59S42..15 0 ,• 1 O D -d X at Lb O T z Np c7c pQ L (D U2 O N N Q orn Fir 8. K a] 12 tz C J • I s Ir Ir M .a 0 d 0 0 Ir a n Q O LL NIIdIIII�IIINaIa�VN� Norris, Kuske & Tunstall Consulting Engineers, Inc. 1424 Ash -Little River Road Ash, NC 28420 To. Mr. Steve Stone, Asst. Cty. Mgr, Brunswick County Administration PO Box 249 Bolivia, NC 28422 ■ Gorn Mte ilmm I, 2, and 3. Also complete ease d d RwVicW DeIrmy i2 dammed. C Prim your name and addrn5 on the reverse so That we Can rF)t'JIM the Cord to you. ■ Avagh fts card to the Carp of the maaplece. os on the Irons I space Permits. 1. Adr b.Adamsaeam ,lames R Tripp and Harold Drive P.O. Box 126 Ash, NC 26420 A. 59mhre x ❑ Agem ❑ nddrpesne B FIK— d try (P—W Nerve) J C Oalp or �ebvery D. a delivery afdn d&< Wa tram dpm I? u Yes d YES, mta aewery a W,M Me ❑ Nu 3 Cryvim type f� Cert,lied Mad E] Erp m MM Q ftZlered 0 Rat— Aeoppt tw Me handrse ❑M—d laaJ ❑CDo a, liestrcted Ddr-9(Prue F-) ❑ Vas Adiole Number 7007 1490 01301 5493 9452 (Trensreraan serrrce taaM PS Foun 3811, FOWIW 200d oom uc uetun Ascapt —i P tp¢snor-u-isw North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT ® PERMITTED MINE SITE ❑ UNPERMITTED MINE SITE L MINE NAME: 1-lughes-Smith Road Pit 42 2. MINE LOCATION: Hughes-Smith-RdNW 3. COUNTY: Brunswick 4. RIVER BASIN: Lumber 5. CASE:_ 6. OPERATOR: William E. Bellamy, Jr,, Bill Bellamy and Sons; Inc. _ 7. ADDRESS: P.O. Box 2169 Shallotte NC 28459 S. MINING PERMIT #: 10-85 ❑ N/A 9. PERMIT EXPIRATION DATE: NIA 10. PERSON(S) CONTACTED AT SITE: 11. PICTURES? ® Yes ❑ No TAKEN BY: Digital Camera 12. TYPE OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: ac. (attach sketch map) 2. How was this area measured? Measured by: OCT 19 20f8 ® B. Routine Inspection (Permitted Mine Sites) ❑ C. Follow-uip Inspection 13. Date of last inspection: 7/03/2018 14. Any mining since that date? ® Yes ❑ No If yes, cite evidence of such mining activity: Excavating dUTinsz time of inspection, Pit larger 15. Was mine operating at time of inspection? ® Yes Ll No If yes, explain: Excavator Operating 16. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No ❑ N/A If no, explain: OC 4C: Mining activities shall occur as indicated on the revised mine map received by the Land Quality Section on July 1.6, 2009, and July 20, 2009. OC_4D: The level spreaders as shown on the revised mine map received by the land Quality Section on July l 6, 2009 and July 20, 2009 must be installed immediately. OC 5: All affected area boundaries (7.15 acres) shall be permanently marked at the site on 100 ft._intervals. OC 9: Sufficient buffer (minimum 30 undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property OC 12: The operator shall notify the Department in writing of the desire to delete, modify, or otherwise change anX art of the mining, reclamation or erosion/sediment control plan contained in the approved Application for a minis permit or any approved revision to it. Approval to im ]p ement such changes must be obtained from the Department prior to on -site implementation of the revisions 17. Is the mine in compliance with the Reclamation Conditions of the Permit? -® Yes ❑ No ❑ N/A If no, explain: 1.8. Is there any off -site damage? A. ® Yes B. ❑ No C. ❑ None observed If A, describe the type and severity of the damage: Severe, Outside of mine boundaries into wetlands as well asinto unpermitted upland areas. If B or C, is there potential for offsite damage? ❑ Yes ® No Explain: 19. Corrective measures needed and/or taken: Submit modification or reclaim areas outside of mine boundary. Mine permitted for 7.15 acres, but approximately 12+ acres have been disturbed. Demark All mine boundaries at 100ft intervals immediately. Install levels readers immediately. Reestablish undisturbed buffer, especially aloe easternprtion of project, Submit revisions and/or modifications to the mining permit for approval, 20. Other recommendations and comments: 21. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed ❑ N/A 2016 ARR has not been received by this office,. if you have not submitted please do so. _ 22. Follow-up inspection needed? �® Yes ❑ No Proposed date November 2018 T 23. No. of additional pages of Inspection Report 0 24. Copy of Report sent to operator 10/15/2018 ",5;7 INSPECTED BY: _ Connor Musial ( -' _ f DATE 10/12/2018 Telephone No: (910)796-7372 Copy to file Copy to operator Copy to Mining Specialist ?.a Energy, Mineral & Land Resources ENVIRONMENTAL aUALrry March 28, 2018 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7015 0640 0007 9831 3231 ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. interim Director NOTICE OF VIOLATIONS OF MINING PERMIT William E. Bellamy Jr. Bill Bellamy and Sons, Inc PO Box 2169 Shallotte, INC 28459 RE: Mining Permit No. 10-85 Hughes -Smith Road Mine No. 2 Brunswick County Lumber River Basin Dear Mr. Bellamy - This is to inform you and/or your company of a violation(s) of the above referenced mining permit. On March 22, 2018, personnel of the Wilmington Regional Office inspected your mine, copy of inspection report attached, and determined that one or more of the conditions contained in your mining permit are being violated. The conditions being violated are as follows: 1. Operating_ Condition 4C: Mining activities shall occur as indicated on the revised' mine map received bythe Land Quality Section on July 16, 2009, and July20, 2009 and supplemental information received by the Land Quality Section on May 26, 2009, July 16, 2009 and July 20, 2009. Mining has occurred outside the boundaries set on the permit 2. Operating „Condition 4D: The level spreaders as shown on the revised mine map received by the land Quality Section on July 16, 2009 and July 20, 2009 must be installed immediately. Level spreaders have not been installed on site Nothing Compares,. State of North Cara Una I Environmental Quality I Energy, I -line rat and Land Resources 512 N. Salisbury Street 1 1612 Mail Service Center � Raleigh, North Carolina 27699.1612 - 9]9 707 9200 CERTIFIED MAIL Page 2 3. Operating Condition 5: All affected area boundaries (7.15 acres) shall be permanently marked at the site on 100 ft. intervals All boundaries have not been marked on site. 4. Operating_ Condition_ 9: Sufficient maintained between any excavatio n Minimum 30' undisturbed buffer has not been maintained along site boundaries. 5. Operating Condition 12: The operator shall notify the Department in writing of the desire to delete, modify, or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. No modification to the mining permit have been received to correct said violations. In order to bring this site into compliance, the following corrective actions must be taken: A. Cease all mining activities beyond the approved affected area boundaries immediately. Appears mining activities have not occurred as indicated on approved mine maps listed under permit Operating Conditions 4C. Mining activities have exceeded 7.15 acres as permitted. Mine permit must be modified to include additional acreage outside of the current permit boundary or areas disturbed outside of boundary must be reclaimed within the deadline stated below. B. Install level spreaders immediately. C. Mark mine boundaries as per permit Operating Conditions 5. D. Buffers must be reestablished along eastern portion of permitted boundary and all other areas where mining activities have exceeded permitted boundary, as per permit Operating Conditions 3A and 9. If the above violations are not corrected within sixty 60 days following your receipt of this Notice, appropriate enforcement action will be taken and a civil penalty may be assessed against your company. If a civil penalty is assessed, the amount may be up to five hundred dollars ($500.00) for each day of violation, beginning with the date of your receipt of this Notice of Violation (N.C.G.S. 74-64). Other enforcement actions may include seeking an injunction, criminal penalty, revoking your permit or bond forfeiture procedures. .N CERTIFIED MAIL Page 3 The responsibility for understanding and complying with the conditions of your mining permit rests with you. The responsibility also rests with you for notifying this office of your plans to correct the violations. Please do not hesitate to contact Mr. Dan Sams, Regional Engineer, at (910)796-7215 or Mr. David Miller State Mining Engineer, at (919) 707-9228 regarding any questions you might have about this matter. Ve tr urs, i �f�rr�c it is E. inson Jr, P E. Interim Director WEVIcm/jw Attachment-. Mine Inspection Report cc: Mr. David Miller, PE Mr. Dan Sams, PE E �m North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT ® PERMITTED MINE SITE ❑ UNPERMITTED MINE SITE 1. MINE NAME: Hughes -Smith Road Pit #2 2. MINE LOCATION: Hughes -Smith Rd NW 3. COUNTY: Brunswick 4. RIVER BASIN: Lumber 5. CASE: 6. OPERATOR: William E. Bellamy, Jr., Bill Bellamy and Sons,. Inc` 7. ADDRESS: P.O. Box 2169 Shailotte NC 28459 8. MINING PERMIT #: 10-95 NIA 9. PERMIT EXPIRATION DATE: ® NIA 10. PERSON(S) CONTACTED AT SITE: 11. PICTURES? ❑ Yes ® No TAKEN BY: 12. TYPE OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: ac. (attach sketch map) 2. How was this area measured? Measured by: ® B. Routine Inspection (Permitted Mine Sites) L] C. Follow-up Inspection 13. Date of last inspection: 1/25/2018 14. Any mining since that date? ® Yes ❑ No If yes, cite evidence of such mining activity: Pit lard equipment set up, and larger stock Iles per Creighton Brown 15. Was mine operating at time of inspection? ❑ Yes N No If yes, explain: 16. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No ❑ NIA If no, explain: OC 4C: Mining activities shall occur as indicated on the revised mine map received by the Land Quality Section on July 16, 2009, and July 20, 2009, OC 413: The levels readers as shown on the revised mine map received b the land Quality Section on July 16 2009 and July 20, 2009 must be installed immediately_ OC �: All affected area boundaries (7.1 S acres) shall be permanently marked at the site on 100 ft. intervals. OC 9: Sufficient buffer minimum 30 undisturbed shall be maintained between any excavation and any minim permit boundary to protect adjacent property OC 12: The operator shall notice the Department in writing of the desire to delete, modif or otherwise thana an part of the mining, reclamation, or erosion/sediment control plan contained in the approved application_ for a mining 17. Is the mine in compliance with the Reclamation Conditions of the Permit? Lg Yes [__,_J No Ll N/A If no, explain: 18. Is there any off site damage? A. ❑ Yes B. ❑ No C. ® None observed If A, describe the type and severity of the damage: If B or C, is there potential for offsite damage? 0 Yes ® No Explain: 19. Corrective measures needed and/or taken: Submit modification or reclaim areas outside of mine boundary. Mine permitted for 7.15 acres, but approximately 12 acres have been disturbed. Demark mine boundaries at 100ft intervals immediately. Install level ,spreaders immediately. Reestablish undisturbed buffer, especially aloe eastern astern portion of project. Submit revisions and/or modifications to the mining perrait for approval. 20. Other recommendations and comments: 21. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) El Not Reviewed ❑ N/A 2016 ARR has not been received by this office, if you have not submitted -please do so,. 22. Follow-up inspection needed? ® Yes ❑ No Proposed date April 201$ 23. No. of additional pages of Inspection Report 0 24. Copy of Report sent to operator 03/28/2018 INSPECTED BY: Connor Musial DATE 03/22/2018 Telephone No: (910)796-7372 Copy to file Copy to operator Copy to Mining Specialist