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09-11_1_Redacted
ROY COOPER Governor MICHAEL S. REGAN secretary WILLIAM E. (TOBY) VINSON, JR. Interim Director Mr..-Stephen-G_Benson_..._ Benson Construction Inc. PO Box 1250 Lumberton, North Carolina 28359 Re: Tar Heel Pit Bladen County Cape Fear River Basin Dear Mr. Benson: NORTH CAROLINA Environmental Quality November 27, 2018 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. 09-11 were based primarily upon information supplied in the application with conditions added as necessary to insure compliance with The Mining Act of 1971. 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 31.5 acres and the amount of land you are approved to disturb is 25.16 acres. 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, David Miller, PE State Mining Specialist DM/jw Enclosures cc: Mr. Tim LaBounty, PE Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures Q �� North Carolina Department of Environmental Quality i Division of Energy, Mineral and Land Resources eif:-: e�-__�- _ 512 North Salisbury Street 4 1612 Mall Service Center I Raleigh, North Carolina 27699-1612 .\ 919.7079200 DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES 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: Benson Construction Inc. Tar Heel Pit Bladen County - Permit No. 09-11 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. Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environmental Quality, 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 revocation or suspension of this permit. This-permit-is-not-transferable-by-the-permittee-with-the-following-exception=lf-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. This permit is valid for the life of the site or life of lease, if applicable, as defined by Session Law 2017-209 and has no expiration date. However, all provisions of GS 74-51 and GS 74-52 still apply for new, transferred and modified mining permits. 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 Stormwater Program 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, sediment 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 or into the existing Tailings Pond. C. No dewatering activities shall occur at this site. D. Mining activities) shaII occur as indicated on the mine map sealed October 12, 2018 and the supplemental information received on June 29, 2018 and October 15, 2018. 5. All affected area boundaries (25.16 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 sedimentation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 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 50 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 Division of Energy, Mineral and Land Resources, Department of Environmental Quality. 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 Energy, Mineral and 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 Energy, Mineral and 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 and Annual Operating Fee of $400.00 shall be submitted to the Department by July 1 of each year until reclamation is completed and approved for release by the Department. 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 $19,200.00 surety 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. 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 11.. The_final-slopes_in-all-excavations_in-soil,-sand,-gravel-and-other_unconsolid ated_ 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 fake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. 3. 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 D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 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 Lespedeza (unscarified) 30 German .millet 40 October 25- February 15 Rye (grain- temporary) 120 Soil Amendments Limes''. 2000 Ibslacre or follow recommendations from a soil test. Fertilizer - 1000 lbslacre 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. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. Page 8 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 27th day of November, 2018. r William E. Vinson, Jr., Interim Director Division of Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environmental Quality NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest andlor are listed as an adjoining landowner -in the application for a mining permit filed by Benson Construction Inc. to conduct mining activities off SR 1350 (Lesane Road) in Bladen County. The mining permit (no. 09-11) was issued on November 27, 2018. North CarQlina_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) 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 Environmental Quality by mailing a copy of the petition to Mr. Bill Lane, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699- 1601. f�•L illiam E. Vinson, Jr. Interim Director Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality This notice was mailed on tS Brenda Harris Mining Program Secretary ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. interim Dlrector Mr. Stephen G Benson' Benson Construction Inc. PO Box 1250 Lumberton, North Carolina 28359 Re: Tar Heel Pit (Draft Permit) Bladen County Cape Fear River Basin Dear Mr. Benson: NORTH CAROLINA Environmental Quality November 14, 2018 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 $19,200.00. The bond or balance ($1;800.00) 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., Benson Construction 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. D � � North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources �•/� 512 North Salisbury Street 11612 Mall Service Center I Raleigh, North Carolina 27699-1612 919.707,9200 Mr. Benson Page Two Please contact Judy Wehner Assistant State Mining Specialist, at (919) 707-9220 if you have any questions. Sincerely, .� re-'� �- David Miller, PE / v State Mining Engineer DM/jw Enclosures CC" Mr. Tim LaBounty, PE DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES 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: Benson Construction Inc. Tar Heel Pit Bladen 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. Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environmental Quality, 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 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. This permit is valid for the life of the site or life of lease, if applicable, as defined by Session Law 2017-209 and has no expiration date. However, all provisions of GS 74-51 and GS 74-52 still apply for new, transferred and modified mining permits. 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 Stormwater Program 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, sediment 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 or into the existing Tailings Pond. C. No dewatering activities shall occur at this site. D. Mining activities shall occur as indicated on the mine map sealed October 12, 2018 and the supplemental information received on June 29, 2018 and October 15, 2018. 5. All affected area boundaries (25.16 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 sedimentation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 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 50 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 Division of Energy, Mineral and Land Resources, Department of Environmental Quality. 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 stgrage 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 Energy, Mineral and 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 Energy, Mineral and 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 and Annual Operating Fee of $400.00 shall be submitted to the Department by July 1 of each year until reclamation is completed and approved for release by the Department. 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 surety 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. 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 3. 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 D. E. The affected land shall be graded to prevent the collection of noxious or foul . water. 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 October 25- February 15 Soil Amendments Species Rate. L.bs/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 Ibs/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 Ibslacre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. Page 8 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 *, 2018. William E. Vinson, Jr., Interim Director Division of Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environmental Quality rl APPLICATION FOR MINING PERMIT E: DETERMINATION OF AFFECTED ACREAGE AND BOND / The following bond calculation worksheet is to be used to establish an appropriate bond (based upon �a, nge of $500 to $5,000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be'affected during the life ofthe miningpermit. Please insert the ap proximate- acreage, or each _ V!,- yv y. —jig. ..L,LN JLN.LtA..s/ _.+LK//LULLv,• .+ AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: a ' q) Ac. X $ 5V /Ac. _ $ /QC6 Stockpiles: Q Ac. X $ c�u d d /Ac. _ $ not) Wastepiles: Ac. X $ /Ac. — $ Processing Area/Haul Roads: e t? Z Ac. X $ U L /Ac. — $ i c 64 0 Mine Excavation:�, � Ac. X $ ��d` IAc. _ $ I0 13o°� Other: Ac. X $ /Ac. _ $ a / �fa TOTAL AFFECTED AC.: `�' Ac. "(TOTAL PERMITTED AC.: Ac.) Temporga & 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 2.5-. `( Ac. b) Positive Drainage Ac X $1,500.00 = $ rt SUBTOTAL COST: $ 13 � 0 a 1,u Inflation Factor: 0.02 X SUBTOTAL COST:. $. ag eO X F,_ r` " oviei�d by�aplicant (Life of the Mining Operation or Life of Lease from Public Entity (in Years)): "' d� INFLATION Cos,c: SUBTOTAL COST + INFLATIONCOST: $ _ 1 �� �a Ou Total Reclamation Bond Cost: $ _/91OD a (round doF n to. the nearest $100.00) (NOTE: The reclamation bond cannot exceed $1 million per GS 74-54) • f � 17�, y�o00 � �" V i' i UJ UJ CDfw � i Ljj W LL' Ln <c o c CN ti o' 3 Iof G r= , C a w c� - Y w W LLJ U C-) II o2 ao, s� e LL LI) /i 1 �0 '00% 11 i Q, rj 'c-;z C-a -- r _ _ !o $ C6 i �Q i 4O % QQ / CC, Q� i n ii ,, ,r i, p 2i LLU a i CD / Z u -2w: "Z F-- LIJ - 1� Ld CD L:- r c L-L �a r.." Vvh' y 4 -—'+cr,�sr.rfJ:�arr�rr9-- I ' V J Z cr LQ m Ali Z �000 q C31Um ❑ EZI r booE� �] m U LLJ � � Z 7 W m�u lU Z tr U zr co r w 0 z 1 11 r-I a �c,c � c KO god /h3e a (;n F -ram ` I b C1 I CD� --) ` iD n I j Q ci G-) s° •per, �•� `90 S� S° �� _ �0 10 Cc 100 cn F77 v a5 3 77 fyf c'y . M. � T z �IZD rn _. ? n Mp1's��'�0 . �..�__ ; :• �`'� j; row ,j t F= j \ fi 9 O Q O - " o, F jn^ ' .> j F � pGFT FFP 4L r°&r pB2 p 900 rf/ F yp� y •g, �4 "4 1 i APPLICATION FOR A MINING PERMIT E: DETERMINATION OF AFFECTED ACREAGE AND BOND / Aupon The following bond calculation worksheet is to be used to establish an appropriate band (based a ange of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the miningpermit. Please insert the approximate acreage, for each aspect o the mining operation, that you intend to affect during the life a this miningpermit Lin addition lease insert the appropriate reclamation costlacre for each category from the Schedule of Reclamation Costs provided with this application form) OR you can defer to the Department to calculate your bond or you base_ d upon your maps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: a ' q�) Ac. X $ 5'&A /Ac. _ $ /aQb w Stockpiles: q� Ac. X c1 $ I-13 d d au /Ac. _ $ Wastepiles: Ac. X $ /Ac. _ $ Processing Area/Haul Roads: e Ac. X $ b a" /Ac. _ $ 7 �� Mine Excavation: ar , Ac. X $ a d y /Ac. _ $ / 0 1 3 D °t) Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: a s' Ac. (TOTAL PERMITTED AC.: 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 fa 5. A0 Ac. b) Positive Drainage Inflation Factor: Ac. X $1,500.00 = $ SUBTOTAL COST: $ 0.02 X SUBTOTAL COST: $ 137 60 X F,,. by plicant (Life of the Mining Operation or Life of Lease from Public Entity (in Years)): INFLATION CU5't�: $ Jo r SUBTOTAL COST + INFLATION COST: ! 00 Total Reclamation Bond Cost: $__ 19 , a Da 40 (round doWn to t—' he nearest $100.00) (NOTE: The reclamation bond cannot exceed $1 million per GS 74-54) Wehner, Judy From: Steve Bollinger <steve@bensonconstruction.com> Sent: Tuesday, November 13, 2018 11:41 AM To: Wehner, )udy Cc: 'Phillip Matthis' Subject: [External] Tar Heel Pit - Benson Construction, Inc. Per our phone conversation this morning, the permitted boundary acreage is 31.0 acres. Hope this helps. Thank you, Steve Bollinger, PE BENS CONSiRUCYION INC. Office: 910.739.9969 Fax: 910.739.0167 MINING CHECKLIST FOR ROUTING Applicants Name: / ProjectName: AkV AppIic./ Permit No: County: RjAde.,— Date Received / /S PA Reviewer: River Basin Name 6, New ❑ Modification (inside permit boundaries) ❑ Modification (outside VAdditional boundaries) ❑ Transfer ❑ Release ❑ Partial Release Information ❑ Fee Needed; ❑ Fee Received: # Please route entire applig1tion package to: WC, f C, Regional Office (3 complste copies, attach the "LQS Regional Off ice Mining Application Review, Checklist" to nc copy and attach both the DAQand DWR "Mining Application Review Farm" to the other copy; send both copier to the Regional Engineer) Date: Routed Reed [IDivision of Water Resources Date: Routed Rec'd ❑ NC Wildlife Resources Commission Date: Routed Rec'd ❑ US Fish & Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Please route first 3 pages o f the application ands location maps to: ❑ Division of Parks & Recreation Date: Routed Reed ❑ NC Geological Survey Section Date: Routed Rec'd ❑ Division of Marine Fisheries Date: Routed Rec'd ❑ Division of Soil 11 Water Conservation (plus LEA) Date: Routed Reed (Only new applications and modifications requests that add land to the permit} ❑ Division of Archives a History Date: Routed Rec'd (may new applimu) ` ❑ Other: Date: Routed /Recla I Suspense Date for Comments:. / % (no later than 25 days from receipt) ❑ Please note the following: • .f Energy, Mineral & Land Resources ENVIRONMENTAL OUALITY Certified Mail Return Receipt Requested 7015 0640 0007 9831 3804 Mr. Stephen G. Benson Benson Construction Inc. PO Box 250 Lumberton, North Carolina 28359 RE: Tar Heel Pit Bladen County Cape Fear River Basin Dear Mr. Benson: 0 t. 61 ILLIAM July 23, 2018 ROY COOPER Governor MICHAEL S. REGAN Secretary E. (TOBY) VINSON, JR. Interim Director RECEIVED OCT 1 51i118 LAND QUALITY SECTION We have reviewed the application you/your company submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with GS 74-50 and 51 of the Mining Act of 1971; please provide the additional or revised information in accordance with the following comments: Please verify that the life of a mine will be a maximum of 10 years. The original permit was issued in 1996. kI WCLU0116-0 —rw o Loft &S � 'fVVVT d6ft W % to ale 2fl �4R.S fog _LA rb *3 b . J Notification of adjoining landowners and -County manager (also city manager if app Ica a is required fora new mining permits. Complete the Affidavit bf 2 F.S .Notification and provide roof sue LU= IOU certi ied mail that the adjoining landowners and county manager have been prop re y o fled. I have enclosed the instructions for notification, notice form and affidavit form for your use. Clearly label the permit boundary on the mine map. The permit boundary includes all affected areas, buffers along wetlands and waterways and buffers along adjoining properties. Provide aAreage for th•�g tot ermitted acreage. (Im"UP&O Twti Corl" o f %ram ML Please be advised that our review cannot be completed until I! of the items listed above have been fully addressed. In addition, please note this office may request additional information, not included in this letter, as the mining application review progresses. Nothing Compares_._,_ State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 512 N. Salisbury Street 11612 Mail Service Center I Raleigh. North Carolina 27699•tb12 919 707 A2C0 Certified Mail Mr. Benson 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: Division of Energy, Mineral and Land Resources Department of Environmental Quality 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 cannot 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) 707-9220 if you have any questions. Enclosures cc: Mr. Tim LaBounty, PE Sincerely, r r klt� Judith A. Wehner Assistant State Mining Specialist J tw T=O.71_6As,o A *q 00 1`j 6*0 �JD 1'Pi orw A L- 1 NfOC K*eVD N . OLA to 0 • RECEIVED OCT 1 ; Zola LAND QUALITY SECTION NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environmental Quality Division of Energy, Mineral, and Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 Revised; 2017 • NOTE: It is recommended that you contact the appropriate Regional Office (see Regional Office listing in the back of this booklet) or the Raleigh Central Office for a PRE -APPLICATION MEETING to discuss your intentions and address any questions. • MINING PERMIT APPLICATION REVIEW PROCESS FLOWCHART BEGINNING OF PROCESS Application received by State Mining Specialist Applicant issues Public Notice Application assigned to Assistant State Mining Specialist Assistant State Mining Specialist/Program Secretary routes application for review and comment - U.S. Fish & Wildlife Service - N. C. Geological Survey - Wildlife Resources Commission - Division of Water Resources - Division of Archives & History - Division of Parks & Recreation - Others as appropriate *All application review comments forwarded to Assistant State Mining Specialist Is application complete`' If "YES", Assistant State Mining Specialist drafts the proposed permit action - Regional Office - Division of Air Quality - Division of Water Resources ................• ................ Review Public Comments; Public Hearing Possible s................................... If "NO", Assistant State Mining Specialist drafts a letter requesting additional information from applicant Additional information from applicant received and routed to/reviewed by Assistant State Mining Specialist and Regional Office Staff (go to *) Application & proposed permit action reviewed by State Mining Specialist Is application & proposed permit action complete/acceptable?? If "Yes", the following permit actions are issued by the State Mining Specialist: - Draft Permits - Permit Transfers/Name Changes - Bond Substitutions/Cancellations - Permit Releases - High Airhlast Remediation Plans - Non -controversial New Permits - - Small, Non -controversial Modifications END OF PROCESS If "YES", application & proposed permit action forwarded to and reviewed by Division Director Is application & proposed permit action com plete/acceptable?? If "YES", the proposed permit action is issued by the Division Director END OF PROCESS If "No", application & proposed permit action returned to Assistant State Mining Specialist for revision (go to * ) For other permit actions, if "Yes", application & proposed permit action forwarded to and reviewed by Mining Specialist Is application & proposed permit action complete/ 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 * ) I ] APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Tar Heel Pit County River Basin Cape Fear Latitude (decimal degrees to four places) 34.7326 Longitude (decimal degrees to four places) -78.8174 2. Name of Applicant* Benson Construction Inc 3. Permanent address for receipt of official mail** Telephone ( 910 ) 739-9969 Bladen PO Box 1250, Lumberton, NC 28359 Alternate No 4. Mine Office Address PO Box 1250, Lumberton, NC 28359 Telephone ( 910 ) 739-9969 5. Mine Manager_ Stephen G. Benson 6. E-mail Address: benson.stephen79@gmail.com I certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature Date June 28, 2o1s Print Name Stephen G. Benson Title President * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. ** The Division of Energy, Mineral, and Land Resources must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. -1- 0 0 APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for The intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ® If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that tT e "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned:_ _ Acres leased: Property owner if leased: ❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: 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 n. 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 (i.e.: disturbed, ground cover removed) by the mining operation? Yes ❑ No ❑ (If no, a "minor modification" fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ❑ If this is an application for TRANSFER of mining permit, indicate the mining permit number and the total (overall) acreage covered by t e 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 ofall materials mined: Sand 3. Mining method: ❑Hydraulic Dredge ❑ Front-end Loader & Truck Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain): 4. a. Expected maximum depth of mine (feet) 4' - 10' Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Onsite benchmark provided by survey crew b. Expected average depth of mine (feet) 4' - 1 o' 5. Has any area(s) at this site been mined in the past? Yes ® No ❑ If yes, when and by whom was this activity conducted?. various Times by Benson Construction Inc -2- • APPLICATION FOR A MINING PERMIT 6. Number of years for which the permit is requested (Life of the Mining Operation or Life of Lease from Public Entity):_ 20 q&nlZ.5 . B. MAPS Clearly mark and label the location of your mining operation on six (6) copies of 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) col2ie fs o all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Ma_ iling Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5a' Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 httD://t)ortal.ncdenr.orfa!webi Ir/aeoloi~ical home County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation -- Geographic Information Systems (GIS) Mailing Address: NCDOT GIS Unit 1587 Mail Service Center Raleigh, North Carolina 27699-1587 Physical _Address: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919) 212-6000 fittp://u�%,%v.nedot.org/it/gis/ Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. Thus, all mine and reclamation maps must denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. ac APPLICATION FOR A MINING PERMIT 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 adJ'ommg 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: I . Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres I inch = 50 feet 50-199 Acres 1 inch = 100 feet 200f Acres I inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- • APPLICATION FOR A MINING PERMIT A table/chartmust be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds 2.40 Stockpiles 0•10 Wastepiles 0.30 Processing Area/Haul Roads 0.50 Mine Excavation 4.60 Other (Explain) Total Disturbed Acreage 25.16 NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONSISTATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. —5— 0 • APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 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. 1. Continue excavation of sand from bottom of existing pit. 2. Stockpile sand and allow to dry before loading onto trucks for use off site. 3. Once all material is removed, slope and stabilize banks of excavation. 4. Seed and apply lime / fertilizer as needed to establish vigorous ground cover. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. 1. Stone entrance 2. Slope drains as needed to prevent erosion of banks of excavation. 3. Temporary diversions as needed to transport sediment laden runoff to discharge in existing pit. 4. Apply seed, lime and fertilize to establish vigorous vegetative ground cover. Re -seed all barren areas as needed. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ❑ No[!). If yes, briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or wastewater from the mine or plant as a point discharge to the waters of the State? Yes ❑ No M. 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). I= • APPLICATION FOR A MINING PERMIT 0 c. Will any part of the proposed mine excavation(s) extend below the water table? Yes Q No ❑. If yes, do you intend to dewater the excavation(s)? Yes ❑ No 0. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons Der day: . Locate all existing wells on the mine map(s) that lie within 500 feet ofthe 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. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge. NPDES, Stormwater, etc.) from the Stormwater Program. In addition, the applicant is required to register water use with the Division of Water Resources, Ground Water Management Branch, if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources, Ground Water Management Branch, if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No 0. 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? Water truck —7— 0 APPLICATION FOR A MINING PERMIT 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). SEE MAP b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). SEE MAP 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 I vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. Use 3:1 slopes SEE MAP A r 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 ofany benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. SEE MAP c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross-sectionsf r all cut slopes must be provided on the mine map(s). SEE MAP d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross -sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. N/A 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, 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. N/A 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 detaiUcross-section and location ofeach type of barricade to be used must be indicated on the mine map(v). 1. Totally wooded perimeter 2. Locked gate 0 • APPLICATION FOR A MINING PERMIT 9. Are acid producin& minerals or soils present? Yes ❑ No 0. If yes, 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 maintaining or planting trees, bushes or other vegetation, building berms orother measures. Show the location ofall visual screening on the mine map(s) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. Maintain existing woods on all sides of the site 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 M. If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structure(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ❑ No ®. If yes, describe these materials, how they will be stored and method of containment in case ofspill. Indicate the location(s) of all storage facilities on the mine map(s). -1.0- • APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN I . 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. Once mining is complete, slope and establish final grade on all disturbed areas per the cross section provided on the mining map. Utilize material generated while knocking down any berms, or from other on site sources. Spread topsoil as needed on all finished slopes to promote vegetation. Prepare all areas with proper seed bed, and apply seed, lime, and fertilizer per the approved seeding schedule. At such time that all earth moving operations are complete, stock ponds with species of fish listed below. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ❑ No ❑. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross -sections) through the proposed body(s) of water. The minimum water depth must beat least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes X❑ No ❑. If yes, specify species. Bream and Bass 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. N/A —11— 0 APPLICATION FOR A MINING PERMIT 0 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. SEE MAP S. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. Any on site stock piles will be loaded on to trucks and removed for use off site. Any usable onsite topsoil, or spoil material will be utilized to top dress disturbed areas prior to seeding operation. Establish vegetative cover on all disturbed areas. b. Will any on -site roadways be left as part of the reclamation? Yes ® No ❑. , fyes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. Establish permanent grades on road to be left for access to pond. Grade to drain to pond, using swales as necessary. 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 venerated waste shall be disposed of on the mine site without r�ior written approval from the NC Department of Environmental Quality, Division of Energy, Mineral, and Land Resources and either the Division of Waste Management (DWM) or local governing body. Ira disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with a list of items to be disposed h said areas. None -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 both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the NC Forest Service, Department of Agriculture and Consumer Services; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the NC Forest Service, Department of Agriculture and Consumer Services; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; 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): FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Same as before Seeding Dates: Seeding Rates: MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS — TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Signature — Print Name Title Agency -13- Date • APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5,000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the miningpermit. Please insert the approximate acreage, for each aspect of the mininp, operation. that you intend to affect during the life ofthis mining Permit (in addition. Please r AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COSTIACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. _ $ Stockpiles: Ac. X $ /Ac. _ $ Wastepiles: Ac. X $ /Ac. - $ Processing Area/Haul Roads: Ac. X $ /Ac. _ $ Mine Excavation: Ac. X $ /Ac. _ $ Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: Ac. (TOTAL PERMITTED AC.: 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 e needed to prevent offshe sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life Provided by Applicant (Life of the Mining Operation or Life of Lease from Public Entity (in Years)): INFLATION COST: $ Total Reclamation Bond Cost: $ (round down to the nearest $100.00) (NOTE: The reclamation bond cannot exceed $1 million per GS 74-54) -14- • APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail, return receipt requested, to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Energy, Mineral, and Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bl). SEE THE NEXT- TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -15- NOTICE Pursuant to provisions G.S. 74-50(bI) of The Mining Act of 1971, Notice is hereby given that has applied on (Applicant Name) (Date) to the Division of Energy, Mineral, and Land Resources, North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ❑ a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine on acres located (Mineral, Ore) (Number) (Miles) of off/near road (Direction) (Nearest Town) (Number/Name) in County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bI), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notid (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding ror information on the m 19) 707-9220. Please note (Addressee/Owner of Record's Name and Address) (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) -16- applwation (Name of Applicant: Include Contact Person & Company Name, if Applicable) (Address of Applicant) • APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environmental Quality, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or ]eased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department - (A dj oin i ng Landowner Name) (Address) (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) [i.e.: City Manager, County Manager, Mayor, etc.] The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) 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. Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Title of person executing Affidavit I a Notary Public of the County of , State of North Carolina, do hereby certify that appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my hand and notarial seal, this day of 20 Notary: my Commission expires. —17— • APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59, LANDOWNER: Signature: Print Name: B. E. Benson, Jr. (CEO) (Title, if applicable) Company B. E. Benson Jr Properties LTD (If applicable) Address: PO Box 1250, Lumberton, NC 28359 Telephone: (910 ) 739-9969 Date Signed: June 28, 2018 APPLICANT: Print Name: Stephen G. Benson Title: President Company: Benson Construction Inc Mine Name: TarHeei Pit Telephone: ( 910) 739-9969 Date Signed: June 28, 2018 *Signature must be the same as the individual who signed Page I of this application. ana reclamation maps, ana the appropriate rocessinfee (see next page for tee schedule) in the form a check or money order payable to the North Carolina Department of Environmental Quality must be sent to the Raleiizh Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 707-9220. APPLICATION FOR A MINA PERMIT • MINING FEE SCHEDULE A nonrefundable permit application processing fee when filing For a new mining permit, permit modification or transferred permit is required as follows: 0-25 acres 26+acres New Permit Applications $3,750.00 $5,000.00 Permit Modifications $750.00 $1,000.00 Permit Transfers $100.00 $100.00 Annual Operating Fee $400.00 $400.00 Acres ror new permits means the total acreage at the site. Acres for modification or permits means that area orland affected by the modification within the permitted mine area, or any additional land that is to he disturbed and added to an existing permitted area, or both. -19- APPLICATION FOR A MIND PERMIT • There are seven Division of Energy, Mineral, and Land Resources (DEMLR) Regional Offices. Use the map below to locate the Regional Office serving your county. Asheville Regional Office • Counties: Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Swain, Transylvania, Yancey • Address: 2090 U.S. Highway 70, Swannanoa, NC 28778 • Voice:828.296.4500 • FAX:928.299.7043 Fayetteville Regional Office Counties: Anson, Bladen, Cumberland, Harnett, Hoke, Montgomery, Moore, Richmond, Robeson, Sampson, Scotland • Address: 225 Green Street, (Systel Building), Suite 714, Fayetteville, NC 28301-5094 • Voice:910.433.3300 • FAX:910.486.0707 Mooresville Regional Office • Counties: Alexander, Cabarrus, Catawba, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly, Union • Address: 610 East Center Ave., Suite 301, Mooresville, NC 28115 • Voice:704.663.1699 • FAX:704.663.6040 Raleigh Regional Office • Counties: Chatham, Durham, Edgecombe, Franklin, Granville, Halifax, Johnston, Lee, Nash, Northampton, Orange, Person, Vance, Wake, Warren, Wilson • Address: 1628 Mail Service Center, Raleigh, NC 27699-1628 or 3800 Barrett Drive, Raleigh, NC 27609 • Voice:919.791.4200 • FAX:919.571.4718 Washington Regional Office • Counties: Beaufort, Bertie, Camden, Chowan, Craven, Currituck, Dare, Gates, Greene, Hertford, Hyde, Jones, Lenoir, Martin, Pamlico, Pasquotank, Perquimans, Pitt, Tyrrell, Washington, Wayne • Address: 943 Washington Square Mall, Washington, NC 27889 • Voice.252.946.6481 FAX: 252.975.3716 -20- APPLICATION FOR A MINIPPERMIT • LAND QUALITY REGIONAL OFFICES (continued) Wilmington Regional Office • Counties: Brunswick, Carteret, Columbus, Duplin, New Hanover, Onslow, Pender • Address: 127 Cardinal Drive Extension, Wilmington, NC 28405 • Voice:910.796.7215 • FAX:910.350.2004 Winston-Salem Regional Office • Counties: Alamance, Alleghany, Ashe, Caswell, Davidson, Davie, Forsyth, Guilford, Rockingham, Randolph, Stokes, Surry, Watauga, Wilkes, Yadkin • Address: 1450 Hanes Mill Road, Suite 300, Winston-Salem, NC 27103 • Voice:336.776.9800 • FAX:336.771.4631 -21- APPLICATION FOR A MIN11OPERMIT i SCHEDULE OF RECLAMATION COSTS (Based upon range of $500 - $5,000 per affected acre COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill dirt, CS = Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI = Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine, KY = Kyanite/S it limanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other Type TIS Ponds S. iles W. iles P.area/H.R. Mine Excay. SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $500/ac.(L) Borrow 1500(FI) $2000(PD) CS, DS, 500(L) 1800 2000 2000 500(L) FS, M1, 1500(Ff) 2500(PD) LI, PF, OL, KY PH I000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) CL 1000(L) 2500 5000 5000 2000(L) 2500(Fo 3700(PD) PE, AU, 1000(L) 2500 3000 3500 2000(L) T1, OT 2500(FI) 5000(PD) (L) = reclamation to a lake and revegetating sideslopes (171) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program,1612 Mail Service Center, Raleigh, North Carolina 27699-I612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING. AS A MINIMUM: • FINAL GRADING COSTS PER ACRE • LIME AND FERTILIZER COSTS PER ACRE • YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) • MULCH AND ANCHORING COSTS PER ACRE • ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. -22- • I ENSON�NSTRUCTION`"°S$ 1485 NC 711 HWY (28360)'* PO BOX 1250 (28359) * LUMBERTON, NC * NCISC WATS 1-877-236-7662 TELE 910-739-9969 * FAX 910-739-0167 * WEB SITE www.bonsonconstruction.com EMAIL bci@bensonconstruction.com * We Are An EEOC Employer HUB -ZONE & VOSB (VETERAN OWNED SMALL BUSINESS) August 8, 2018 To All Concerned: Enclosed is a notice of application for a mining permit. We have operated this mine since 1996 with no violations from the N.C. Division of Energy, Mineral and Land Resources. As required by law to renew the current permit, we must notify adjoining landowners. We plan to continue our operations at this surface sand mine the same as we have in the past. If any questions please call us at (910) 739-9969 or 1-877-236-7662 toll free. If you have no questions, you do not have to do anything. Sincerely, Benson Construction, Inc. 44-<5 lue7'� Stephen G. Benson, President Burt Benson, CEO NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that ame has applied on R �g �ZL (Date) to the Division of Energy, Mineral, and Land Resources, North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): [-,ra new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed, Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine S"J _ on z5. 16 _ acres located 13 (Mineral, Ore) (Number) (Miles) of Tr/e& off/near road S? /eS047e Direction) (Nearest Town) (Number/Name) in /Qden _ County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding specifics of the Proposed mininn activity. please contact the applicant at the following telephone num ,X . ror mrormation on the muting aff at (919) 707-9220. Please note that (Addressee/Owner of Record's Name and Address) (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) ion review process, please contact will consider anv relevant written A— — -, (A+ AC. (Natbe of Applic t: nclude Contact Person & Company Name, if Applicable) Be isca-t Cc^sfru.c E,►M ,f-n e . 1485 Nc lfwj. 7/1 NC Z8360 (Address of Applicant) -16- f MAIL,),, RECEIPT (00mesft Mail Only; m ru "(Y'FH 11'0 FWL U S E Poatu i` 03158 certified Fee 11 o �- Oct (3 Retum Receipt Fee Postrne* O (Endorsement Required}lfl N am 0 Restricted D•tivety Fee (Endorsement Required) C3 rU Total Postage g Fe"[ lP� 1 t8/1 5/2U1 & ri a Z. b o str•B� apt: V �t i� i~ or Fo 8or uJ 4 . -- implete Items 1, 2, and 3. i ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach thls card to the back of the mallpiece, or on the front if space permits. 3 1. 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D. livery address dwerent Item 1? ❑ Yes If YES, enter deRvery address below ❑ No P � M ❑ ftnahffeReattctedVdN y DR GYM t ❑ Adult ❑ Reglateied Mell'!r i 9590 9402 2208 6193 2235 94 Eamcerffwmaim ❑ Certified Mall ReWded Mali" fi war. ❑ t,aliecton OeR"q 'I- MWOWdbe n.+lnra.nu m,r.�,{fs� gt� . +.�..� �� r, a Iw1...A _ _ ❑Collect on Doblary R9stiCted Defiva y Q stow" agtmMa0my" 7016 `7 b000.1,868 8058 � MMeWOpl 6tedoea.V ❑ �.immm Ps Form 381.1,'Julj 201t 08 7580 -do&9453 i Domestic Return Reoelpt M nj r . • A go fled Mall Fee $ �J35B 9 21 n ry eaFees f w-k omc add 1 s C3 Cl ROn PWOW lMat&OMO 7 g.� _ Poaane,k C3 0 Cwl d IW a.WWw Dowry s _ f _�{�— Here C3 ❑A&KBWmumaagwW 1 ❑AdwtsVaaoRoWtrndD.omy s ral Postage n1 •� f5 E�7 (prj 08/09/2018 .a M r jL y�Or X '__q • 1 _ I 1 1�11.2l2018 USPS.00m® - USPS TrackinAUfts ALERT: USPS SERVICES ARE DISRUPTED IN SOME FLORIDA PANHANDLE AREAS IMPACTED... FAOs > (https://www.usps.coi't/fags/uspstracking-!ags.htm) LISPS Tracking® Track Another Package + Tracking Number: 70162710000018688027 Remote x Your item was delivered to the front desk or reception area at 11:12 am on August 21, 2018 in WHITE OAK, NC 28399. , G✓ Delivered w ."Au g6st 21, 2018 at 1,1:12 am -n Deli�ei'ed, Front Desk/Reception `; ` a .WHITE OAK, NC 28399 m z Tracking History August 21, 2018,11:12 am Delivered, Front Desk/Reception WHITE OAK, NC 28399 Your item was delivered to the front desk or reception area at 11:12 am on August 21., 2018 in WHITE.- OAK, NC 28399. Reminder to Schedule Redelivery of your item - August 13, 2018,11:38 am Available for Pickup`' WHITE OAK, NC 28399 August 11, 2018,10,46 am Notice Left (No Authorized Recipient Available) WHITE"OAK, NC 28399 https://tools. usps.comlgotTrackCanf rmAction?tLabels=7016%202710%200000%201868%208027 114 I Oh 2J2018 USPS.com® -.USPS Tracking® Its August 11, 2018, 8:20 am Out for Delivery Al WHITE OAK, NC 28399 August 11, 2018, 8:10 am Sorting Complete WHITE OAK, NC 28399 August 11, 2018, 8:00 am `Arrived at Unit ELIZABETHTOWN, NO 28337 August 10, 2018, 9:01 pm , Departed USPS Regional Facility FAYETTEVILLE NO DISTRIBUTION CENTER ANNEX August 10, 2018,10:31 am Arrived at USPS Regional Facility _. -.( FAYETTEVILLE NO DISTRIBUTION CENTER ANNEX x August 10, 2018,12-.36 am Arrived at USPS Regional Facility CHARLOTTE NO DISTRIBUTION CENTER August 9, 2018, 3:36 Pm Departed Post Office LUMBERTON, NC 28358 August 9, 2018, 11:48 am USPS in possession of item LUMBERTON, NO 28358 Product Information See Less https:/pools.USPS.comlgo/TrackConfirmAction?tl.abels=7016%202710%200000%201868%208027 2/4 Log In #: 1091 - DPR/RRS Mining Permit Application Review RRS Contact' �. r Name ofproject-Mining Permit Application for Benson Construction - Tar Heel Pit County: $laden Proposed activity is ✓❑ is not ❑ within 5 miles of a public park or recreation area. If yes, identify the park: Municipal Park Complex Manager/agency name: Town of Tay Heel (contact name): Mayor Roy Dew (phone; fax): 910-862-6080 (e-mail): M^ly MOW M J-.d r Bwd• Review conducted by: O.* 70ie07.14 W1255-0400' Date: 7/16/18 PLEASE RETURN COVER-SHEET-ONL WITH YOUR REVIEW/COMMENTS. YOU MAY ALSO E-MAIL YOUR. RESPONSE AND/OR COMMENTS/QUESTIONS TO: steve.livinpstone i( ncaarks.Qov THANKS! Return to: Steve Livingstone (919)707-9331 steve.livingstone@ncparks.gov DENR/Division of Parks & Recreation 1615 MSC Raleigh, NC 27699-1615 �ECE�VEnD AUG .0 2 2018 LAND QUALITY MINING PROGRAM F Energy, Mineral & July 2, 2018 Land Resources ENVIRONMENTAL QUALITY MEMORANDUM TO: Mr. Brian Strong Division of Parks and Recreation FROM: Brenda M. Harris Mining Program Secretary Land Quality Section ROY COOPER CoNernor MICHAEL S. REGAN secretary WILLIAM E. (TOBY) VINSON, JR. Inteift Director SUBJECT: Mining Permit Application for Benson Construction, Inc. Tarheel Pit Bladen 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 effects on the purposes of a publicly owned park, forest, or recreation area (GS 74-51(5). Please respond by July 20, 2018 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. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr. Tim La Bounty Nothing Compares...,. State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 512 N. Salisbury Street 11612 Mail Service Center I Raleigh. North Carolina 27699-1612 919 707 9200 RE C NEE AUG 0 2 20% LAND QUALITY MINING PROGRAM ' ROY COOPER F Governor .r MICHAEL S. REGAN Secretary Fnergy,Minera!& WILLIAM E. (TOBY) VINSON, JR. Interim Director Land Resources ENVIRONMENTAL QUALITY July 23, 2018 Certified Mail Return Receipt Requested 7015 0640 0007 9831 3804 Mr. Stephen G. Benson Benson Construction Inc. PO Box 250 Lumberton, North Carolina 28359 RE: Tar Heel Pit Bladen County Cape Fear River Basin Dear Mr. Benson: We have reviewed the application you/your company submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with GS 74-50 and 51 of the Mining Act of 1971'please provide the additional or revised information in accordance with the following comments: Please verify that the life of the mine will be a maximum of 10 years. The original permit was issued in 1996. 2. Notification of adjoining landowners and county manager (also city manager if applicable) is required for all new mining permits. Complete the Affidavit of Notification and provide proof such as copies of the signed return receipts from certified mail that the adjoining landowners and county manager have been properly notified. I have enclosed the instructions for notification, notice form and affidavit form for your use. 3. Clearly label the permit boundary on the mine map. The permit boundary includes all affected areas, buffers along wetlands and waterways and buffers along adjoining properties. Provide acreage for the total permitted acreage. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note this office may request additional information, not included in this letter, as the mining application review progresses. Nothing Compares, State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources 512 N. Salisbury Street 1 2612 Mail Service Center I Ralelgh, North Carolina 27699-1612 919 707 9200 • Certified Mail Mr. Benson 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: Division of Energy, Mineral and Land Resources Department of Environmental Quality 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 cannot 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) 707-9220 if you have any questions. Sincerely, in1 Judith A. Wehner Assistant State Mining Specialist Enclosures cc: Mr. Tim LaBounty, PE 0 Wehner, Judy From: Harris, Brenda M Sent: Monday, July 23, 2018 10:15 AM To: Wehner, Judy Subject: FW: WRC Comments for Tarheel Pit (Bladen Co) Attachments: Mining Permit Application_Tarheel Pit (Bladen Co) - NCWRC.pdf From: Garrison, Gabriela Sent: Monday, July 23, 2018 9:14 AM To: Harris, Brenda M <brenda.harris@ncdenr.gov> Cc: benson.stephen79@gmail.com; Rachels, Kyle T <kyle.rachels@ncwildlife.org> Subject: WRC Comments for Tarheel Pit (Bladen Co) Good morning Ms. Harris, I have attached comments for the proposed application for Tarheel Pit in Bladen County. Thank you, Gabriela Gabriela Garrison Eastern Piedmont Habitat Conservation Coordinator NC Wildlife Resources Commission Sandhills Depot, P.O. Box 149 Hoffman, NC 28347 Office and Cell: 910-409-7350 abbriela.garrison 6pncwildlife.ore www.ncwildlife.org © 0 12 sm. Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. 1 ■ Complete items 1, 2, and 3. Also complete item G 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: MR STEPHEN G BENSON BENSON CONSTRUCTION INC ❑ Agent B. Received by (Printed Name) D. Is delivery address different from item 1? ❑ Yes LAW LYEQ', MtVLVTIIyery address below: ❑ No A 'NING PROgm� QC) t -�� a PO BOXP50 1.; , 3 ' LUMBERTON NC 28359 3. Service Type. Certified Mall°E06� rlol�IV! . VjkExpFess'" Registered eVr� Rocelpt4or Merc�Wdise ❑ Insured Mall--(ohDeBvery 4. Restricted Deliveiy? (Extra Fee) ❑ yes 2. Article Number 7 0'15 0 6 4 01 10 0 0 7, 9 8 31-. 38. 0 4 (Transfer from service label) . PS Form 3811, July 2013 Domestic Return Receipt • ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Brenda M. Harris Mining Program Secretary Land Quality Section FROM: Gabriela Garrison Eastern Piedmont Coordinator Habitat Conservation DATE: July 23, 2018 SUBJECT: Mining Permit Application for Benson Construction, Inc., Tarheel Pit, Bladen County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject permit application. Comments are provided in accordance with provisions of the Mining Act of 1971 (as amended, 1982)(G.S. 74-46 through 74-68 15 NCAC 5). The applicant is requesting a new permit to mine sand. The proposed site is 25.16 acres. The applicant has indicated the site will not discharge fresh or wastewater, nor are there operations that will involve washing mined material, recycling process water or handling other wastewater. Prior to land -disturbing activities, the following actions will occur: slope drains as needed to prevent erosion of excavation banks; install temporary diversions as needed to transport sediment laden runoff to discharge in existing pit; and apply seed, lime and fertilize to establish vigorous vegetative ground cover. The reclamation plan includes re -vegetating disturbed areas in accordance with permanent seeding specifications. The excavated site will be reclaimed as a pond and stocked with bream and bass. The proposed project is located at the intersection of Fields and Lesane Roads, west of Tar Heel. Aerial maps and images indicate Goodman Swamp flows north of the project area. if the permit is issued, the NCWRC offers the following recommendations to minimize impacts to aquatic and terrestrial wildlife resources: l . If applicable, wetlands and streams within the site boundaries should be identified through on -site surveys prior to any land -disturbing activities. If wetlands and/or streams will be impacted by mining activities, the project should be coordinated with the U.S. Army Corps of Engineers and the N.C. Division of Water Resources. 2. A minimum 100-foot undisturbed native, forested buffer along perennial streams and a minimum 50-foot undisturbed native, forested buffer along intermittent streams and wetlands should be maintained between any mining, construction or land -disturbing activities. Maintaining Mailing Address: Habitat Conservation - 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 707-0220 - Fax: (919) 707-0028 0 i Page 2 July 23, 2018 Tarheel Pit undisturbed, forested buffers along these areas will minimize impacts to aquatic and terrestrial wildlife resources, water quality and aquatic habitat both within and downstream of the project area. In addition, these buffers will provide a travel corridor for wildlife species. Sediment and erosion control structures should be located outside of these buffers. 3. If mine specifications change, and water is discharged from the site, these discharges should be proportional to the size of the receiving stream, and all discharges should comply with National Pollutant Discharge Elimination System permit requirements. In particular, turbidity of the discharge should be maintained at or below the permit requirement. High water discharge rates and turbidity can negatively impact aquatic resources within and downstream of the project area. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs and clogging of gills of aquatic species. 4. Only native fish species should be stocked in reclamation ponds. A stocking permit may be required to stock any species offish, mollusks or crustaceans. Applications for a stocking permit are available at http://www_ncwildlife.org. There is no fee associated with the permit application process. Please contact Kyle Rachels, District Fisheries Biologist, at (252) 548-4938 or kyle.rachels@ncwildlife.org for additional information regarding fish stocking and the need for a stocking permit. 5. Consider using seed mixtures that are beneficial to wildlife (e.g., native warm season grasses) in the reclamation plan. An exact seeding mixture should account for soil types, moisture, pH and degree of slope of areas to be stabilized. Relatively shallow sediment basins can be reclaimed as wetlands where practicable. Free technical assistance from NCWRC biologists is available for ideas on establishing vegetation or incorporating other measures that are beneficial for wildlife 6. Sediment and erosion control measures should be installed prior to any land -clearing, construction or disturbance. The use of biodegradable and wildlife -friendly sediment and erosion control devices is strongly recommended. Silt fencing, fiber rolls and/or other products should have loose -weave netting that is made of natural fiber materials with movable joints between the vertical and horizontal twines. Silt fencing and similar products that have been reinforced with plastic or metal mesh should be avoided as they impede the movement of terrestrial wildlife species. Thank you for the opportunity to comment on this permit application. If I can be of further assistance, please call (910) 409-7350 or email gabriela.garrison rO_ newiIdIife.org. ec: Stephen G. Benson, Benson Construction, Inc. Kyle Rachels, NCWRC 0 2. Water Resources ENVIRONMENTAL OUALITY July 11, 2018 MEMORANDUM TO: Ms. Judy Wehner Land Quality Section FROM: Michael Baueo Ground Water Management Branch Division of Water Resources SUBJECT: Comments on the Mining Permit Application Request for: Benson Construction Inc. Tar Heel Pit Bladen County ROY COOPER Governor MICHAEL S. REGAN Secreurry LINDA CULPEPPER Interim Director Please find attached a copy of the mining permit request for the above referenced project. The Tar Heel Pit located in Benson County does not appear to have an unduly adverse effect on ground water supplies since there is no dewatering proposed on site. However, if the mine starts to withdraw 100,000 gallons per day of water, they will need to reamer their water withdrawals with the Division of Water Resources on an annual basis. The registration form may be obtained from the following link: http://www.ncwater.org/Permits and_Registration/Water Withdrawal_and—Transfer Registration. Facilities are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.22H. This statute 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 I for the previous year. If you have further questions regarding the water withdrawal registration please contact John Barr with the Division of Water Resources at (919) 707-9021 or email him at john.barr@ncdenr.gov. State of North Carolina I Environmental Quality I Wuter Resources 1611 Mail service Center I Raleigh, North Carolina 27699-1611 919 707 9000 0 ; a Energy, Mineral & land Resources ENVIRONMENTAL04ALT" July 2, 2018 MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section ROY COOPER Gawmar MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. Interim Director SUBJECT: Mining Permit Application for Benson Construction, Inc. Tarheel Pit Bladen County ❑ Mine Dewatering Proposed ❑X No Mine Dewatering Proposed 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 potable water supplies (GS 74-51 (2). Please respond by July 20, 2018 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, 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. 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) 707-9220 if you have any questions. /bmh Attachments cc: Mr. Tim LaBounty %'Nothing Compares, State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 512 N, Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 919 707 9200 Wehner, Judy From: Turlington, Chad Sent: Friday, July 13, 2018 11:41 AM To: Wehner, Judy Cc: Pace, Jodi Subject: 09-11 DWR REVIEW SHEET 2013.pdf Attachments: 09-11 DWR REVIEW SHEET 2013.pdf Chad Turlington Environmental Specialist Division of Water Resources — Water Quality Regional Operations Section, Fayetteville Regional Office North Carolina Department of Environmental Quality 910-433-3320 office chad.turlington@ncdenr.gov 225 Green Street Suite 714 Fayetteville, NC 28301 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Print this form to PDF 60PDF of this form to DEMLR CO by email. cc DEMLI, DWR SPU. Send a copy to the permittee. MINING PERMIT APPLICATION REVIEW FORM forthe DIVISION OF WATER RESOURCES tU Project Name Tar Heel Pit DEMLR Permit # 09-11 Applicant's Email: benson.stephen79@gmail.com PERMIT ACTION TYPE: Renewal County: Bladen YES NO Date Commencing r, rI Have land disturbing activities started? Date? F76, Cf Latitude: 34.7371 Longitude:-78.8163 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: 1.20118 >1971 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? No Comments: Per information provided by applicant, Watershed/Stream Name & Classification:_ Goodman Swamp C Sw DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in RIMS? YES NO w 401 Wetland `Cert. required?. �r r - Per information aravided by aaplicant.-iio wetland or stream impact eropos6d: 401 Wetland Cert. existing? r Permit # r Does DWR RO;have°'enough information"to determine if'a'401 certificatlon.is'requ red? ''_piovided 'Base&6n infomidon bv.aAalicant. r Is an O & M Plan needed? YES NO Are wetlands•tlisturbed at this site? . f Per aQplicant; allawaters Will be buffered. R, + Mapninq indicates the Does DWR RO suspect or know of nearby potential presence of a r wetlands to the site? stream to the north of the mining activity. Goodman Swamp and associated Rev September 2010 Print this form to POF RJDPDF of this fora to DEMLR CO by email. cc DEMADWR SPU. Send a copy to the permittee. wetlands are to the east of the mine. Is a wetland delineation required prior toCansuitant ,r ,IJD CAPPlicant doesn't impacts to DWR issuing the permit? r ,Onsite? propose an waters in application. J , ffsite? r ,AorAcant doesn't Stream Determination Needed? Ci propose any impacts to waters in apglication. Stream Determination Completed? r =� Does DWR RO need a statement that no wetlands/streams are disturbed I~ i✓ for this project from applicant? Buffer Determination Needed? I,r r Buffer Determination Completed? r I Recycle system permit existing? r Permit # r New Recycle System permit required?* r r Enough information to determine? Non -discharge permit existing? Permit # IJ Unknown. Will wastewaters discharge to HQW waters 1- r7, 7Q10 Permittee with a 7010=0? Flow: must determine. { r Has Violation r O&M Requirements r HQW17Q10 Concerns Does DWR require DEMLR to hold the r ' Pay back fees or renew permit (e.g. so DWR can review it further or DWR permit r' Other. r because DWR requires more Information)? Please describe the reason to hold the permit: RO contact: [QU Hold Until: Mine must wait to dewater until an O&M plan is r �- approved? Reviewed by: DWR RO Surface Water: Chad Turlington Regional Office: Fayetteville -_ Date: 7/11/2018 RO Aquifer Protection Section: Regional Office: Date: Rev September 2010 • 0 Wehner, Judy From: Harris, Brenda M Sent: Monday, July 09, 2018 8:44 AM To: Wehner, Judy Subject: FW: Benson Mine in Tarheel Attachments: D00070618-07062018150110.pdf -----Original Message ----- From: Galamb, Eric Sent: Friday, July 06, 2018 3:01 PM To: Harris, Brenda M <brenda.harris@ncdenr.gov> Subject: Benson Mine in Tarheel Please see comments attached. Eric 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 by an authorized state official. t N Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY July 2, 2018 MEMORANDUM • ROY COOPER Gommor MICHAEL S. REGAN secretary WILLIAM E. (TOBY) VINSON, JR. interfm Dirrett w TO: Mr. Eric Galamb Application Review Coordinator Division of Soil and Water Conservation FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Benson Construction, Inc. Tarheel Pit Bladen 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 any publicly owned conservation easements (G.S. 74-51(5)). Please respond by July 20, 2018 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 conservation easements 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 appreciate,, I1 G .'y ` fl 707-9220 if you have any questions. (p • . /bmh C(� C , /C Attachments F E.0 E I v ET � cc: Mr. Tim LaBounty AIL � G 2018 Snii F� Water Cor�srvatiori �Nothing Compar f State of North Carolina I Envlronmental Quailty I .Enef, v" 512 N: Salisbury Street 11612 Mall Service Center I Rao 919 707 9200 MINING CHECKLIST FOR ROUTING Applicant's Name: (., PrgectName: - 4 � Applie./ Perini No: — County: Q Date Received: 1 Reviewer: River Basin Name:_ �d,r?.[ ��� fl(New ❑ Modi ficat%et (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑ Transfer ❑ lease C ❑ Partial Release ❑ Additional Information ❑ Fee Needed i Fee Received: $ r. Pkay r7de entire applica 'on package to: t� C Office x W copies; attach the "LQS Regions! Of ice Mining Application Rwiero. Checl�list" to ne copy and attach bon the D Qand WR " Application Reoiew Form" eo the other cope; send both copies to the Regional Engineei f�% _ Date: Routed 7 - " i Rec'd Division of Water Resources Date: Routed Reed , — r NC Wildlife Resources Commission Date: Routed Rec'd US Fish it Wildlife Service Date: Routed Reed (Only new applications and modification cation requests that add land to the perntit) rrst es o theo �Parlts & Recreation Date: Routed ' a' Readlogt'cal Survey Section Date: Routed Rec'd 1, � t i8g o itltt /l� Date: Routed Rec'd ADivision of Soil dr Water Conservation (plus LEA) Date: Routed Rec'd (Only new applications and moth fications r+tpnrts that add land to the permit) } Division of Archives a History Date: Routed Reed . 0 G - (Only new applicants) f ❑ Other: Date: Routed Ree'd Suspense Date for Comments: (no later than 25 daps from receipt) r ❑ Please note the following:'hl t .1/j1 l tt 31 i Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY July 2, 2018 MEMORANDUM TO: Ms. Maria Dunn Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris Mining Program Secretary Land Quality Section ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. interim Director SUBJECT: Mining Permit Application for Benson Construction, Inc. Tarheel Pit Bladen 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 July 20, 2018 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. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707- 9220 if you have any questions. /bm h Attachments cc: Mr. Tim La Bounty %'Nothing Compares--., State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 512 N. Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 919 707 9200 Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY MEMORANDUM July 2, 2018 TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. Interim Director SUBJECT: Mining Permit Application for Benson Construction, Inc. Tarheel Pit Bladen County a Mine Dewatering Proposed [-X1 No Mine Dewatering Proposed 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 potable water supplies (GS 74-51 (2). Please respond by July 20, 2018 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, 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. 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) 707-9220 if you have any questions. /bmh Attachments cc: Mr. Tim LaBounty Nothing Compares.`. State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 512 N. Salisbury Street 1 1612 Mall Service Center I RalcigK North Carolina 27699-1612 919 707 9200 • h x Energy, Mineral & July 2, 2018 Land Resources ENVIRONMENTAL QUALITY MEMORANDUM TO: Mr. Peter Benjamin Application Review Coordinator U.S. Fish and Wildlife Service FROM: Brenda M. Harris Mining Program Secretary Land Quality Section ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. interim Director SUBJECT: Mining Permit Application for Benson Construction, Inc. Tarheel Pit Bladen 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 adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by July 20, 2018 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. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707- 9220 if you have any questions. /bmh Attachments cc: Mr. Tim LaBounty %'Nothing Compares,,, - State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 512 N. Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 919 707 9200 • R Energy, Mineral & July 2, 2018 Land Resources ENVIRONMENTAL QUALITY MEMORANDUM TO: Mr, Brian Strong Division of Parks and Recreation FROM: Brenda M. Harris Mining Program Secretary Land Quality Section • ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. interim D7reetor SUBJECT: Mining Permit Application for Benson Construction, Inc. Tarheel Pit Bladen 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 effects on the purposes of a publicly owned park, forest, or recreation area (GS 74-51(5). Please respond by July 20, 2018 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. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr. Tim LaBounty Nothing Compares State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 512 N, Salisbury Street 1 1612 Mail Service Center I Ralelgh. North Carolina 27699-1612 9i9 707 9200 1 Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY July 2, 2018 MEMORANDUM TO: Mr. Eric Galamb Application Review Coordinator Division of Soil and Water Conservation FROM: Brenda M. Harris Mining Program Secretary Land Quality Section ROY COOPER Governor MICHAEL S. REGAN secretary WILLIAM E. (TOBY) VINSON, JR. interim Director SUBJECT: Mining Permit Application for Benson Construction, Inc. Tarheel Pit Bladen 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 any publicly owned conservation easements (G.S. 74-51(5)). Please respond by July 20, 2018 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 conservation easements 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) 707-9220 if you have any questions. /bmh Attachments cc: Mr. Tim LaBounty Nothing Compares State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 512 N. Salisbury Street 1 1612 Mali Service Center I Raleigh. North Carolina 27699-1612 919 707 9200 Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY MEMORANDUM July 2, 2018 TO: Ms. Anne Deaton Habitat Protection Section Division of Marine Fisheries FROM: Brenda M. Harris eos��_� Mining Program Secretary Land Quality Section ROY COOPER Gommor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. Interim Director SUBJECT: Mining Permit Application for Benson Construction, Inc. Tarheel Pit Bladen 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 freshwater, estuarine or marine fisheries (G.S. 74-51 (2)). Please respond by July 20, 2018 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 freshwater, estuarine or 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. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707- 9220 if you have any questions. /bmh Attachments cc: Mr. Tim La Bounty Nothing Compares State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources 512 N, Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 919 707 9200 ROY COOPER Governor Nt C. MICHAEL S. REGAN Secretary Eneryy,Mlnera!& July2,2018 WILLIAM E. (TOBY) VINSON, JR. Interim Director Land Resources ENVIRONMENTAL QUALITY MEMORANDUM TO: Ms. Renee Gledhill -Earley Application Review Coordinator Archives & History FROM: Brenda M. Harri Mining Progra Secretary Land Quality Section SUBJECT: Mining Permit Application for Benson Construction, Inc. Tarheel Pit Bladen 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 adverse effect on any significant archeological resources. Please respond by July 20, 2018 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 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) 707-9220 if you have.any questions. /bmh Attachments 2 cc: Mr. Tim La Bounty Nothing Compares—, State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 512 N. Salisbury Street 1 1612 Mall Service Center I Ralelgh, North Carolina 27699-1612 919 707 9200 MP ##-## N W S Map Scale 1.24, 000 Benson Construction Inc. Tarheel Pit Latitude: 34.7371 Longitude:-78.8163 County: Bladen Date: 06/29/2018 r Facility Location • 0 0 0 Wehner, Judi From: Wehner, Judy Sent: Friday, June 29, 2018 2:16 PM To: Allen, Trent Cc: La Bounty, Tim L; *Jodi.pace@ncmaii.net' Subject: 09-11 DWR REVIEW SHEET 2013 Attachments: 09-11 DWR REVIEW SHEET 2013.doc Here's the review sheet for the re -permitting of the Tarheel Pit in Bladen County. Print this form to PDF Retu DF of this form to DEMLR CO by email. cc DEML DWR SPL1. Send a copy to the permittee. W MINING PETMIT APPLICATION REVIEW FORM for the DIVISION OF WATER RESOURCES Project Name Tar Heel Pit DEMLR Permit # 09-11 Applicant's Email: benson.stephen79@gmail.com PERMIT ACTION TYPE: Renewal YES i( Have land disturbing activities started? Date? l✓ Latitude: 34.7371 Longitude:-78.8163 Rw F-c I Please return comments to (at DEMLR CO): Judy Wehner I Comments due 4y /.20/18 SECTION BELOW TO BE FILLED OUT BY DWR: County: Bladen Date Commencina >1971 _ Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments: Watershed/Stream Name & Classification: DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in BIMS? PP%1 ..'PnfPmhPr 9AU1 0 0 Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLQW, DWR SPU. Send a copy to the permittee. .. (oft Stream Determination Needed? F- ( t rtifel�'tltrl�iitt. C+tlitpleiRC!? �.. Does DWR RO need a statement that no wetlandststreams are disturbed F- f 17- t for this project from applicant? lluffrretor nation Nodded? r r . r Buffer Determination Completed? r c F` R�yt+E►:peit�trti �is#ig? r Permit #____—, { `' New Recycle System permit required?* i- r Enough information to determine? AQrr��iar�►.°rmix.li�7 r {pe isrmit.# �- c Will wastewaters discharge to HQW waters I F - with a 7Q10=O? (Unknown. I- (7Q10 Permittee Flow: must determine. Mine must wait to dewater until an O&M plan is i- I F- ` approved? ` Reviewed by: DWR RO Surface Water: Regional Office RO Aquifer Protection Section: Regional Office Date: Date: PA%i A41ntAmhPr 9111 n n U BENSON CONSTRUCTION, INC. P.O. BOX I250 Wells Fargo Bank, N.A. EMWO dra LUMBERTON, NORTH CAROLINA 28359 �� (9I0) 739.9969 56-21/530 035581 **Three thousand seven hundred fifty and 00/100******* TTOTiE ORDER _-._.... 01: DIV. OF ENERG'Y,MINERAI, & LAND RESOURCES 1612 MAIL SERVICE CENTER �I RALEIGH, NORTH CARO,LINA 27699-1612 L 35581 DATE AMOUNT 6/28/18 ******3,750.00** BENSON CONSTRUCTION, INC, m 1 riuAIZEO NATURE M. 0 • 10 & 9 0 �wg''q NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environmental Quality Division of Energy, Mineral, and Land Resources JUN 21 9 JUN 2 9 201 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 Revised: 2017 0 0 0 • NOTE It is recommended that you contact the appropriate Regional Office (see Regional Office listing in the back of this booklet) or the Raleigh Central Office for a PRE -APPLICATION MEETING to discuss your intentions and address any questions. MINING PERMIT APPLICATION REVIEW PROCESS FLOWCHART BEGINNING OF PROCESS Application received by State Mining Specialist I Applicant issues I Public Notice Application assigned to Assistant State Mining Specialist Assistant State Mining Specialist/Program Secretary routes application for review and comment - U.S. Fish & Wildlife Service - N. C. Geological Survey - Wildlife Resources Commission - Division of Water Resources - Division of Archives & History - Division of Parks & Recreation - Others as appropriate *All application review comments forwarded to Assistant State Mining Specialist Is application complete? If "YES", Assistant State Mining Specialist drafts the proposed permit action - Regional Office - Division of Air Quality - Division of Water Resources •................................. Review Public Comments; Public Hearing Possible s..................................: If "NO", Assistant State Mining Specialist drafts a letter requesting additional information from applicant Additional information from applicant received and routed to/reviewed by Assistant State Mining Specialist and Regional Office Staff (go to * ) • Application & proposed permit action reviewed by State Mining Specialist Is application & proposed permit action complete/acceptable?? If "Yes", the following permit actions are issued by the State Mining Specialist: - Draft Permits - Permit Transfers/Name Changes - Bond Substitutions/Cancellations - Permit Releases - High Airblast Remediation Plans - Non -controversial New Permits - - Small, Non -controversial Modifications END OF PROCESS If "YES", application & proposed permit action forwarded to and reviewed by Division Director Is application & proposed permit action complete/acceptable?? If "YES", the proposed permit action is issued by the Division Director i END OF PROCESS If "No", application & proposed permit action returned to Assistant State Mining Specialist for revision (go to *) For other permit actions, if "Yes", application & proposed permit action forwarded to and reviewed by Mining Specialist Is application & proposed permit action complete/ 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 0 APPLICATION FOR A MINING PERMIT • NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Tar Heel Pit River Basin Cape Fear Latitude (decimal degrees to four places) 34,7326 Longitude (decimal degrees to four places) -78.8174 2. Name of Applicant* $enson Construction Inc Permanent address for receipt of official mail** Telephone ( 910 ) 739-9969 County Bladen PO Box 1250, Lumberton, NC 28359 4. Mine Office Address PO Box 1250, Lumberton, NC 28359 Mine Manager Stephen G. Benson 6. E-mail Address: benson.stephen79@gmail.com Alternate No Telephone ( 910 ) 739-9969 I certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature J�� Print Name Stephen G. Benson Title President Date June 28, 2018 * This will be the name that the mining permit will be issued to and the name that mast be indicated on the reclamation bond (security) that corresponds to this site. * * The Division of Energy, Mineral, and Land Resources must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. —1— • 0 • s APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ® If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that t7 a "new permit" fee will be based upon): Of this acreage, how much is owned and how much is ]eased? Acres owned: Acres leased: Property owner if leased: ❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: Does he 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 (i.e.: disturbed, ground cover removed) by the mining operation? Yes ❑ No ❑ (If no, a "minor modification" fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ❑ If this is an application for TRANSFER ofa mining it, indicate the mining permit number and the total (overall) acreage coveredy tie existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand 3. Mining method: H Hydraulic Dredge H Front-end Loader & Truck 0 Shovel & Truck Dragline & Truck Self=loading Scraper Other (explain): 4. a. Expected maximum depth of mine (feet) 4' -10' Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Qnsite benchmark_ provided by survey crew b. Expected average depth of mine (feet) 4' -10' 5. Has any area(s) at this site been mined in the past? Yes ® No ❑ If yes, when and by wham was this activity conducted? Various Times by Benson Construction Inc„ -2- 0 APPLICATION FOR A MINING PERMIT 6. Number of years for which the permit is requested (Life of the Mining Operation or Life of Lease from Public Entity): 10years B. MAPS I . Clearly mark and label the location of your mining operation on six G copies of 7.5-minute quadrangle and a county highway map. These maps, in addition to six _(6)_copie�l mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5`h Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 httn://gartal.nedeiir.or2/web/ir/aeo]oQicai home County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation - Geographic Information Systems (GIS) Mai Iin Address: NCDOT GIS Unit 1587 Mail Service Center Raleigh, North Carolina 27699-1587 Physical Address: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919) 212-6000 ht!p://www.nedot.org/it/gis/ 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. Thus, all mine and reclamation maps must denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (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 takes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. I. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. -3- u APPLICATION FOR A MINING PERMIT 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: I. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres l inch = 50 feet 50-199 Acres 1. inch = 100 feet 200+ Acres l inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- • i 0 APPLICATION FOR A MINING PERMIT C� A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds 2.40 Stockpiles 0.10 Wastepiles 0.30 Processing Area/Haul Roads 0.50 Mine Excavation 4.60 Other (Explain) Total Disturbed Acreage 25.16 NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- • 0 APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. 1. Continue excavation of sand from bottom of existing pit. 2. Stockpile sand and allow to dry before loading onto trucks for use off site. 3. Once all material is removed, slope and stabilize banks of excavation. 4. Seed and apply time / fertilizer as needed to establish vigorous ground cover. 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 mime map(s) and provide typical crass-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. ] . Stone entrance 2. Slope drains as needed to prevent erosion of banks of excavation. 3. Temporary diversions as needed to transport sediment laden runoff to discharge in existing pit. 4. Apply seed, lime and fertilize to establish vigorous vegetative ground cover. Re -seed all barren areas as needed. 3. a. Will the operati n involve washing the material mined, recycling process water, or other waste water handling? Yes No N. 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 ❑ No ©. I,f 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). 0 APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the wter table? Yes 0 No ❑. If yes, do you intend to dewater the excavation(s)? Yes ❑ No lJ. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine maps) that lie within 500 feet ohe proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Stormwater Program. In addition, the applicant is required to register water use with the Division of Water Resources, Ground Water Management Branch, if the operation withdraws more than 10,000 gallons per day acid needs a capacity use permit from the Division of Water Resources, Ground Water Management Branch, if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No M. 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? 1. Water truck —7— 0 w • APPLICATION FOR A MINING PERMIT 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer maybe needed depending on site conditions. Show all buffer locations and widths on the mine map(V). SEE MAP b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). SEE MAP 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to l vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. Use 3:1 slopes SEE MAP i APPLICATION FOR A MINING PERMIT 11 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 arty benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. SEE MAP In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections jbr all cut slopes must be provided on the mine map(s). SEE MAP d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross -sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. NIA 7. Describe other methods to be taken during mining to pprevent 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. N/A 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/crass-section and location of each type of barricade to be used must be indicated on the mine map(s). 1. Totally wooded perimeter 2. Locked gate APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes ❑ No M. If yes, 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 maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine map(s) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. Maintain existing woods on all sides of the site 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 M. If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structures) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ❑ No M. Ifyes, describe these materials, how they will be stored and method ofcontainment in case ofspill. Indicate the location(s) of all storage facilities on the mine map(s). -10- i 0 • APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, 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. Once mining is complete, slope and establish final grade on all disturbed areas per the cross section provided on the mining map. Utilize material generated while knocking down any berms, or from other on site sources. Spread topsoil as needed on all finished slopes to promote vegetation. Prepare all areas with proper seed bed, and apply seed, lime, and fertilizer per the approved seeding schedule. At such time that all earth moving operations are complete, stock ponds with species of fish listed below. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ❑ No ❑. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross -sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes X❑ No ❑ If yes, specify species. Bream and Bass 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end to etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. N/A —11— 9 APPLICATION FOR A NIINING 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. SEE MAP 5, a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. Any on site stock piles will be loaded on to trucks and removed for use off site. Any usable onsite topsoil, or spoil material will be utilized to top dress disturbed areas prior to seeding operation. Establish vegetative cover on all disturbed areas. b. Will any on -site roadways be left as part of the reclamation? Yes ® No ❑. Ifyes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. Establish permanent grades on road to be left for access to pond. Grade to drain to pond, using $wales as necessary. 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 ems_ iterated waste shall be disposed of on the mine site without QEjqE written approval from the NC Department of Environmental Quality, Division of Energy, Mineral, and Land Resources and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with a list of items to be disposed in said areas. None —12— • APPLICATION FOR A NUNING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and -mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the NC forest Service, Department of Agriculture and Consumer Services; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the NC Forest Service, Department of Agriculture and Consumer Services; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; 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): FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding Dates: Seeding Rates: Same as before MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS — TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Signature Date Print Name Title Agency -13- APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5,000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the auproximate acreage or each AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. - $ Stockpiles: Ac. X $ IAc. - $ Wastepiles: Ac. X $ IAc. _ $ Processing Area/Haul Roads: Ac. X $ IAc. - $ Mine Excavation: Ac. X $ IAc. - $ Other: Ac. X $ IAc. _ $ TOTAL AFFECTED AC.: Ac. (TOTAL PERMITTED AC.: 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 e needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life Provided by Applicant (Life of the Mining Operation or Life of Lease from Public Entity (in Years)): INFLATION COST: $ Total Reclamation Bond Cost: $ (round down to the nearest $100.00) (NOTE: The reclamation bond cannot exceed $1 million per GS 74-54) -14- • 0 APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail, return receipt requested, to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Energy, Mineral, and Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. 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 QUIRED BY NCGS 74-50(bl). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -15- �� • • �' ,. .. � i � � • 1 � - � 1 � , �� a � � � ' � � ' � � � ' � � i ' � � i .. � _ - 1 � ' r 1 • NOTICE Pursuant to provisions G.S. 74-50(b1) of The Mining Act of 1971, Notice is hereby given that has applied on (Applicant Name) (Date) to the Division of Energy, Mineral, and Land Resources, North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ❑ a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine on acres located (Mineral, Ore) (Number) (Miles) of off/near road (Direction) (Nearest Town) (Number/Name) in � County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoinin& tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding . ror information on the m at (919) 707-9220. Please note (Addressee/Owner of Record's Name and Address) (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) -16- (Name of Applicant: Include Contact Person & Company Name, if Applicable) (Address of Applicant) ,, F i � � �' � 7 r� APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 1, , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environmental Quality, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) [i.e.: City Manager, County Manager, Mayor, etc.] The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts: that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bI) and 15A NCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Title of person executing Affidavit I, a Notary Public of the County of , State of North Carolina, do hereby certify that appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my hand and notarial seal, this day of 20 Notary: my Commission expires. -17- • APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: Signature: C. Print Name: B. E. Benson, Jr. (CEO) (Title, if applicable) Company B. E. Benson Jr Properties LTD (If applicable) Address: PO Box 1250, Lumberton, NC 28359 Telephone: (910 ) 739-9969 Date Signed: June 28, 2018 APPLICANT: Signature:* Print Name: Stephen G. Benson Title: President Company: Benson Construction Inc Mine Name: Tar Heel Pit Telephone: ( 910 ) 739-9969 Date Signed: June 28, 2018 *Signature must be the same as the individual who signed Page 1 of this application. ang reclamation maps, anct the al2prolpriate processing fee (see next page for fee schedule) in the form a check or money order payable tote North Carolina Department of Environmental Quality must be sent to the Raleip-h Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 707-9220. -18- r • APPLICATION FOR A MININGORMIT MINING FEE SCHEDULE A nonrefundable permit application processing fee when filing for a new mining permit, permit modification or transferred permit is required as follows: New Permit Applications Permit Modifications Permit Transfers Annual Operating Fee 0-25 acres 26+acres $3,750.00 $5.9000.00 $750.00 $1,000.00 $100.00 $100.00 $400.00 $400.00 Acres for new permits means the total acreage at the site. Acres for modification of permits means that area of land affected by the modification within the permitted mine area, or any additional land that is to be disturbed and added to an eiistiog permitted area, or both. -19- APPLICATION FOR A MININARMIT There are seven Division of Energy, Mineral, and Land Resources (DEMLR) Regional Offices. Use the map below to locate the Regional Office serving your county. Asheville Regional Office • Counties: Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Swain, Transylvania, Yancey • Address: 2090 U.S. Highway 70, Swannanoa, NC 28778 • Voice:828.296.4500 • FAX:828.299.7043 Fayetteville Regional Office • Counties: Anson, Bladen, Cumberland, Harnett, Hoke, Montgomery, Moore, Richmond, Robeson, Sampson, Scotland • Address: 225 Green Street, (Systel Building), Suite 714, Fayetteville, NC 28301-5094 • Voice:910.433.3300 • FAX:910.486.0707 Mooresville Regional Office • Counties: Alexander, Cabarrus, Catawba, Cleveland, Gaston, lredell, Lincoln, Mecklenburg, Rowan, Stanly, Union • Address: 610 East Center Ave., Suite 301, Mooresville, NC 28115 • Voice:704.663.1699 • FAX:704.663.6040 Raleigh Regional Office • Counties: Chatham, Durham, Edgecombe, Franklin, Granville, Halifax, Johnston, Lee, Nash, Northampton, Orange, Person, Vance, Wake, Warren, Wilson • Address: 1628 Mail Service Center, Raleigh, NC 27699-1628 or 3800 Barrett Drive, Raleigh, NC 27609 • Voice:919.791.4200 • FAX:919.571.4718 Washington Regional Office • Counties: Beaufort, Bertie, Camden, Chowan, Craven, Currituck, Dare, Gates, Greene, Hertford, Hyde, Jones, Lenoir, Martin, Pamlico, Pasquotank, Perquimans, Pitt, Tyrrell, Washington, Wayne • Address: 943 Washington Square Mall, Washington, NC 27889 • Voice:252.946.6491 • FAX:252.975.3716 -20- 0 i r i • APPLICATION FOR A NUNINARMIT LAND QUALITY REGIONAL OFFICES (continued) Wilmington Regional Office • Counties: Brunswick, Carteret, Columbus, Duplin, New Hanover, Onslow, Pender • Address: 127 Cardinal Drive Extension, Wilmington, NC 28405 • Voice:910.796.7215 • FAX.910.350.2004 Winston-Salem Regional Office • Counties: Alamance, Alleghany, Ashe, Caswell, Davidson, Davie, Forsyth, Guilford, Rockingham, Randolph, Stokes, Surry, Watauga, Wilkes, Yadkin • Address: 1450 Hanes Mill Road, Suite 300, Winston-Salem, NC 27103 • Voice:336.776.9800 • FAX:336.771.4631 -21 - APPLICATION FOR A MININARMIT • SCHEDULE OF RECLAMATION COSTS (Based upon range of E500 - $5,000 per affected acres 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 = Kyan ite/Si I I iman ite/Andalu site, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other Tylle T/S Ponds S. iles W. files P.area/H.R. Mine Excay. SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $500/ac.(L) Borrow 1500(FI) $2000(PD) CS, DS, 500(L) 1800 2000 2000 500(L) FS, Ml, 1500(FI) 2500(PD) Ll, PF, OL, KY PH 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) CL 1000(L) 2500 5000 5000 2000(L) 2500(FI) 3700(PD) PE, AU, I000(L) 2500 3000 3500 2000(L) Tl, OT 2500(FI) 5000(PD) (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program,1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM: • FINAL GRADING COSTS PER ACRE • LIME AND FERTILIZER COSTS PER ACRE • YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) • MULCH AND ANCHORING COSTS PER ACRE • ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. -22- i R Energy, Mineral and Land Resources ENVIRONMESNTAL QUALITY Certified Mail Return Rece6t Requested 7013 0630 0001 8998 8856 Mr. B E Benson, Jr. Benson Construction Inc. PO Box 1250 Lumberton, North Carolina 28359 RE: Tar Heel Pit Mining Permit No. 09-11 Bladen County Cape Fear River Basin Dear Mr. Benson: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary TRACY DAVIS October 14, 2016 Director We have reviewed the renewal request your company submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with GS 74-50 and 51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: The mine map submitted is the same as the map submitted in May. Clearly show and label the 32.36 acre permit boundary. The permit boundary includes all disturbance, including silt fence, roads, mine excavation, stockpiles, etc. and all buffers. Clearly label all buffers as "50 foot undisturbed". Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note this office may request additional information, not included in this letter, as the mining application review progresses. 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: Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Service Center 1 512 N. Salisbury St. I Raleigh, NC 27699 919 707 9200 T s Certified Mail Mr. Benson Page Two 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 cannot 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) 707-9220 if you have any questions. I cerely, Judith A. Wehner Assistant State Mining Specialist cc: Mr. Tim 6aBounty, PE F SENDER: COMPLETE THIS SECTION COWLETE THI$ SECTION ON DELIVERY �a/e complete Items 1, 2, and 3. A S/L III Print your name and address on the reverse X G Agent so that we can return the card to you. ❑ Addresses ■ Attach this card to the back of the mallplece, B. R iveci {panted ame) C. Date �Iv or on the front If space permits. '� 1. Article Addressed to: _ _ D. Is de!] address Brent from Item 17 ❑ Yes If YeeliE p No MR B E BENSON JR R�CRL5 BENSON CONSTRUCTION INC PO'BOX 1250 OCT 2 8 2016 i LUMBERTON NC 28359 I AKIn 01 IAI M 3. 5ervlce,i rellNLaF'KUCiK/��5'RegityM�lMWITm p adult srgnatura ❑ Registered MaIIrM O adult Signature Restricted Delivery 13 Ra�Istervd Mall Restricted 9590 9409 0730 5196 8115 80 CerilBed Mail® Delivery Codified Mall ReWi ted Del" Ratum Receipt for Q Collect on Delivery Merchandise 2. Article Nlumbar.rTransfar hem service tahnn p Cotlect on Delivery Re3Wctsd Delivery ❑ Signature Confirmatlonm 7 013 2 6 3 0 i 0001 '8 9 9 81 8 8 5 6 11 ' I Mai Restricted Deliveryl;� � SignaturericRestricted vereryuon _ Ps Form 3811, April 2015 PSN 7530-02.000-9053 61-11 �D ,l Z �� Domestic Return Receipt 919-707-9227 office Judy,.Wehner@ncdenr.gov Email 1612 Mail Service Center Raleigh, Norty Carolina 27699-1512 512 N. Salisbury Street Raleigh, North Carolina 27604 Nothing Compares..-,, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 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. Y �,��� �,.�„�,� * � l,r.�,a� � �., �` Yf•_r�.:.---.'. ,',...Y.-�-.'-� �-�..�1.. ti,. •--,- '•�. r'* - . � "`, .. .. �.J: , w.�.-... � ,,,,--.T,...r—sw„ � _ � - r - r�p y l MINING CHECKLIST FOR ROUTING Applicant's Name: St`lti Pr n'ectName: 3&,4 YWJ h AppIic./ Permit No: —j 1 County: 4 {4--- Date Received: 3 Reviewer: River Basin Name: ❑ New ❑ Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release ❑ Additional Information ❑ Fee Needed $ ❑ Fee Received: $ ' Flease rite entire a p lication package to: Xnt?—"� W-0 h 11fgegionai0ffice (s wpow wpies; ati A the "LQS Rliond Of iice Mining Application Reveem C6cWict" to wee py and attach bath t6 DWQamd DWR "Mining Application Review Fo m" to the odwr aopy; wad both wpies to the Regional W .--.. ► Engineer) Date: Routed y Rec d ❑ Division of Water Resources Date: Routed Reed ,❑ NC Wildlife Resources Commission Date: Routed Rec`d ❑ US Fish 6- Wildlife Service Date: Routed Reed (Only new applications and modification rapests that add l ard to the permit) T, Please route first; pages of the application and any location maps to.- 0 Division of Parks & Recreation Date: Routed Rec'd =0 NC Geological Survey Section Date: Routed Rec'd It ❑ Division of Marine Fisheries { Date: Routed Rec'd ; ❑ Division of Soil it Water Conservation (plus LIr_A) - Date: Routed :. Rec'd (Only new applications and modifications mprsts that add land to the permit) ❑ Division of Archives It History Date: Routed Rec'd"` (may new applicants) ❑ Other: Date: Routed Rec'd Suspense Date for Comments: (no later than zs days from receipt) ' ❑ Please note the following:] m�a MYRICK CONSULTING, LLC September 29, 2016 NCDEQ, Land Quality Section Mrs. Judy Wehner Assistant State Mining Specialist 1612 Mail Service Center Raleigh, NC 27699-1612 REF: Benson Construction Company Tar Heel Pit renewal package (Permit No: 09-11) Mrs. Wehner, Please find enclosed two copies of the revised mine map for the above referenced mine for your review and consideration. We have made revisions per your correspondence on June 7, 2016. Should you have any questions, Please don't hesitate to contact me. Thanks, Wesley M. ersan President R���ED Enclosure: OCT 0-kifi, LANOUALI I Y tIntrr PROGRAM RECEIVED OCT ('3016 LAND QUALITY MINING PROGRAM n 1697 HALLTOWN ROAD- AUTRYVILLE, NC 28318 - PHONE: 910.258,9883 MYRICKCONSULTINGSERVtCES@GMAIL.COM PAT MCCRORY b •�w is ra Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY Certified Mail Return Receipt Requested 7015 0640 0007 9832 7924 Mr. B E Benson, Jr. Benson Construction Inc. PO Box 1250 Lumberton, North Carolina 28359 RE: Tar Heel Pit Mining Permit No. 09-11 Biaden County Cape Fear River Basin Dear Mr. Benson: Govemor DONACD R. VAN DER VAART Secretary TRACY DAVIS June 7, 2016 Director We have reviewed the renewal request your company submitted for the referenced mine site. In order for this office to complete its review of the referenced project in -accordance with GS 74-50 and 51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: Clearly show and label the 32.36 acre permit boundary. Show and label the 50 foot undisturbed buffers long the permit boundary and wetlands and waterways. Please note that the buffers, silt fence, etc. must be within the permit boundary. Show the location of nearby wetlands and waterways on the mine map. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note this office may request additional information, not included in this letter, as the mining application review progresses. 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: Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Service Center 1 512 N. Salisbury St. I Raleigh, NC 27699 919 707 9200 T Certified Mail Mr. Benson Page Two As required by 15A NCAC 5B.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 cannot 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) 707-9220 if you have any questions. cc: S' ereiy, , 0 W4 ' Ju ith A. Wehner Assistant State Mining Specialist Mr. Tim LaBounty, PE ■ Complete ras 1, 2and 3. Also complete item. 4 if fkg _ cted 6elivery Is desired. ■ Print your and address on the reverse so that,w , c . turn the card to you. ■ Attach this card to the back of the mallplece, or on the front If space permits. 1. Article Addressed to: MR B E BENSON JR r BENSON CONSTRUCTION INC PO BOX 1250 LUMBERTON NC 28359 2. Article Number [Transfer tram service label} M INONL QR � ❑ Agent a�� ❑ Addressee B.Gby 4 1, L te5ry /`� qrYQ� eC. ,Date off Oek lr� rl—k nkWvew.add(A9-4itW1 from Item.17—❑ y' XCP .111N 16 24i6 ## ,lure 14 1� Certified Mail*' q Priority MaiI 06FOW5 t] Regletered Return Receipt for Merchandise ❑ Insured Mall +++��� Collect on Delhrery 4. Restricted Delivery? {Extra Fee) ❑ Yes l l � j }7q,15110,64;0' 10g0)7 9832, 7.92141 Ps Form 3811, July 2013 r DomeStIC Return Receipt Wehner, Judy From: Harris, Brenda M Sent: Wednesday, June 08, 2016 9:40 AM To: Boyer, Janet; Wehner, Judy Subject: FW: WRC Comments for Cooper and Tar Heel Pits Renewal Attachments: Mining Permit Renewal 78-06 Cooper Pit (Robeson Co) - NCWRC.pdf; Mining Permit Renewal 09-11 Tar Heel Pit (Bladen Co) - NCWRC.pdf From: Garrison, Gabriela Sent: Tuesday, June 07, 2016 9:07 PM Subject: WRC Comments for Cooper and Tar Heel Pits Renewal Hello Ms. Harris, I have attached my comments for the Cooper Pit and Tar Heel Pit mining permit renewal, in Robeson and Bladen Counties, respectively. Thank you, Gabriela Gabriela Garrison Eastern Piedmont Habitat Conservation Coordinator NC Wildlife Resources Commission Sandhills Depot, P.O. Box 149 Hoffman, NC 28347 Office and Cell: 910-409-7350 gabriela.garrison@ncwildlife.ora www.ncwildlife.ore U 91 Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. � North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Brenda M. Harris Mining Program Secretary Land Quality Section FROM: Gabriela Garrisons Eastern Piedmont Coordinator ' Habitat Conservation DATE: June 7, 2016 SUBJECT: Mining Permit Renewal for Tar Heel Pit — Permit No. 09-11, Bladen County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject permit application. Comments are provided in accordance with provisions of the Mining Act of 1971 (as amended, 1982) (G.S. 74-46 through 74-68 15 NCAC 5). The applicant, Benson Construction Inc., is requesting a renewal of their permit to mine sand. The total permitted and disturbed area is 25.16 acres. The applicant has indicated the site does not discharge fresh or wastewater, nor are there operations that involve washing mined material, recycling process water or handling other wastewater. Drains are sloped as needed to prevent erosion; temporary diversions are constructed as needed in order to transport sediment runoff to discharge areas in the existing pit. The reclamation plan includes allowing the mine excavation to fill with water and stocking it with fish. Disturbed areas will be vegetated according to the seeding schedule provided. This site is located northeast of the intersection of Fields and Lesane Roads, west of Tar Heel. Goodman Swamp flows along the eastern boundary of the mine site. There are records for the Santee crayfish (Procambarus blandingii), a species on the Natural Heritage Watch List, downstream of the site in Big Swamp, If the permit is renewed, the NCWRC offers the following recommendations to minimize impacts to aquatic and terrestrial wildlife resources: Maintain a minimum 100-foot undisturbed native, forested buffer along perennial streams, and a minimum 50-foot buffer along intermittent streams and wetlands. Maintaining undisturbed, forested buffers along these areas will reduce impacts to aquatic and terrestrial wildlife resources and improve water quality. In addition, these buffers provide a travel corridor for wildlife species. Grassed buffers, particularly fescue, do not provide the necessary and highly valuable functions that forested buffers provide. Sediment and erosion control structures should be located outside of the buffers. Mailing Address: Habitat Conservation Division • 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 June 7, 2016 Tar Heel Pit Permit Renewal Permit No. 09- l 1 2. Consider using seed mixtures that are beneficial to wildlife (e.g., native warm season grasses) in the reclamation plan. Relatively shallow sediment basins can be reclaimed as wetlands where practicable. Please contact Tom Padgett, District Wildlife Biologist, at (910) 645-41 15 or thomas.padgett a,ncwildlife.ora for further information and ideas on establishing vegetation -or incorporating other measures that are beneficial for wildlife. 3. The use of biodegradable and wildlife -friendly sediment and erosion control devices is strongly recommended. Silt fencing, fiber rolls and/or other products should have loose -weave netting that is made of natural fiber materials with movable joints between the vertical and horizontal twines. Silt fencing and similar products that have been reinforced with plastic or metal mesh should be avoided as they impede the movement of terrestrial wildlife species. Excessive silt and sediment loads can have detrimental effects on aquatic resources, including destruction of spawning habitat, suffocation of eggs and clogging of gills. Thank you for the opportunity to comment on this permit renewal. If I can be of further assistance, please contact me at (910) 409-7350 or gabriela.garrison@ncwildlife.org. cc: B.E. Benson, Jr., Benson Construction, Inc. ec: Thomas Padgett, NCWRC Wehner, Judy From: LaBounty, Tim L Sent: Tuesday, June 07, 2016 3:00 PM To: Wehner, Judy Cc: Mills, Nick Subject: RE: Any comments on Tar Heel Pit? Bladen County Attachments: Mine 09-11 Mining Review Inspection 6-7-2016.docx Hey Judy, Your timing was spot on. I am forwarding this to you on behalf of Nick who actually visited the site today. As always take care and let us know if you need anything on this end. Later. Timothy L. LaBounty, PE Regional Engineer North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources 910 433 3300 office tim.labounty@ncdenr.gov 225 Green Street Suite 714 Fayetteville, North Carolina 28301 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Wehner, Judy Sent: Tuesday, June 07, 2016 2:51 PM To: Pace, Jodi <jodi.pace@ncdenr.gov>; LaBounty, Tim L <tim.labounty@ncdenr.gov> Subject: Any comments on Tar Heel Pit? Bladen County Judy Wehner Assistant State Mining Specialist Land Quality Section 919-707-9227 office Judy. WehnerCa@ncdenr.govEmail 1612 Mail Service Center Raleigh, Norty Carolina 27699-1512 512 N. Salisbury Street Raleigh, North Carolina 27604 Nothing Compares,-,_, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 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. Mining Application Review Checklist Application Permit#i 09_1 i Action: r New F Modification F Renewal F Transfer r Release Applicant Name: Benson Construction Inc. Mine Name: Tar Heel Pit County: Bladen Administrative Issues A. Is site currently under NOV? FYes F NO Explain: B. Is site under a CAMA Jurisdiction? r Yes F NO Explain: Field Issues A. Are potential wetlands and watercourses properly indicated on the Mine Map? [—Yes F NO Explain Please indicate any wetlands and their limits on the proposed mine map. What is the approximate distance to the potential wetland and/or watercourse? Approximately 100-300 feet B. Are the proposed buffer zones adequate? F Yes F NO Explain C. Do all occupied dwellings with 300 feet of the mine excavation appear to be indicated on the Mine Map? F Yes F No Explain D. Do all water supply wells within 500 feet of the mine excavation appear to be indicated? F Yes r No Explain E. Is Visual Screening Needed? r Yes F No Explain F. Are the proposed erosion and sediment control measures properly located to prevent off site sedimentation? F Yes F No Explain G. Are the proposed revegetation reclamation plans acceptable? F Yes r No Explain Erosion and Sediment Control Plan Review: It is the responsibility of the Regional Office staff to verify the adequacy of the E&S measures. Please provide any concerns or comments. No Comments Other Comments: Verify/clarify/modify accordingly Item 5 on page 3 regarding past mining activities. Inspector/Reviewer's Name: Nicholas Mills Regional Engineers Name: Date: 6-7-2016 Date: Wehner, Judy From: Boyer, Janet Sent: Monday, May 16, 2016 3:27 PM To: Henson, Belinda Cc: LaBounty, Tim L; Wehner, Judy Subject: RE: DWR comment sheet for 09-11 Attachments: 09-11 DWR REVIEW SHEET 2013.doc From: Boyer, Janet Sent: Monday, May 16, 2016 2:43 PM To: Henson, Belinda <belinda.henson@ncdenr.gov> Cc: LaBounty, Tim L <tim.labounty@ncdenr.gov>; Wehner, Judy <judy.wehner@ncdenr.gov> Subject: DWR comment sheet for 09-11 Please find the comment sheet for the renewal of the Benson Construction, Tar Heel Pit. Janet S. Boyer, PE State Mining Specialist Division of Energy, Mineral and land Resources Department of Environmental Quality 919-707-9220 office Janet. boyer(a)ncdenr.gov 512 N. Salisbury Street — Archdale Building 1612 Mail Service Center Raleigh, NC 27699 ntl- -`''Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPLI. Send a copy to the permittee. MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF WATER RESOURCES 090116-1-y*0 Project Name Tar Heel Pit DEMLR Permit # 09-11 Applicant's Email: myrickconsultingservices@gmaii.com PERMIT ACTION TYPE: Renewal County: Bladen YES NO . Date Commencing rr f r Have land disturbing activities started? Date? r Latitude: 34.7326 Longitude:-78.8174 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: 6/7/2016 ' SECTION BELOW TO BE FILLED OUT BY DWR: >1971� Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments: Watershed/Stream Name & Classification: DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in BIMS? YES NO 401 Wet` d Gert require:d:?7 Ar 401 Wetland Cert. existing? c Permit # r `Does;DWRIRO. have{ enough° information to" detefimine`if�a 401. certification is i:equired7 r `, t., Is an O & M Plan needed? YES NO r � re wetl jds 9distuIli 1 t�thls �slte? N �M r r r Does DWR RO suspect or know of nearbyt- wetlands to the site? wetland delineation required prior to ��py2 ie'M a DWR,i`ssuing the -permit?' `F M4S_a r {Consultant rrOnsite? r t Ppv SantAmhpr 9n9 n Print this form to PDF Return PDF or this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. IF (Offsite? Stream Determination Needed? r Stream Determination Completed? Does DWR RO need a statement that no wetlands/streams are disturbed for this project from applicant? 'Buffer Determination,Needed? fk _ Buffer Determination Completed? Recycle system permit existing? �r (Permit # r New Recycle System permit required?* I-- ( l- Enough information to determine? Non -discharge permit existing? r ( Permit.# r r (Unknown, Will wastewaters discharge to HQW waters F--( l_ (7Q10 Permittee with a 7Q10=0? Flow: must determine. r ( Has Violation r ( O&M 'Requirements HQW17Q10 Concerns Does DWR require DEMLR to hold the r ( Pay back fees or renew permit (e.g. so DWR can :review it further or " 'DWR permit r ( Other. r -because DWR.tequires.more information)? Please describe the reason to -.hold the�permit: RO contact: Mine must wait to dewater until an O&M plan is( - approved? Reviewed by: DWR RO Surface Water: Regional Office: Date: RO Aquifer Protection Section: Regional Office: Date: Rau CPntPmhPr 7nl n F1 11'1'� Water Resources ENVIRONMENTAL OVAUTY May 24, 2016 MEMORANDUM TO: Ms. Judy Wehner Land Quality Section PAT MCCRORY Gorprnor DONALD R. VAN DER VAART S. JAY ZIMMERMAN Director RECEIVED MAY 2 4 2016 FROM: Michael Bauer MINING PROGRAM Ground Water Management Branch Division of Water Resources SUBJECT: Comments on the Mining Permit Application Request for: Benson Construction, Inc. Tar Heel Pit Bladen County Please find attached a copy of the mining permit renewal request for the above referenced project. The Tar Heel Pit located in Bladen County does not appear to have an unduly adverse effect on ground water supplies since there is no dewatering proposed on site. However, if the mine starts to withdraw 100,000 gallons per day of water, they will need to register their water withdrawals with the Division of Water Resources on an annual basis. The registration form may be obtained from the following link: http://www.ncwater.org/Permits_and_Registration/Water_Withdrawal_and_Transfer Registration. Facilities are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.22H. This statute 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 l for the previous year. If you have further questions regarding the water withdrawal registration please contact John Barr with the Division of Water Resources at (919) 707-9021 or email him atjohn.barr@ncdenr.gov. State of North Carolina I Environmental Quality I Water Resources 1611 Mail service Center I Raleigh, North Carolina27699.1611 919 707 9000 PAT MCCRORY s Governor N DONALD R. VAN DER VAART " Secretary Energy, Mineral and Land Resources May 17, 2016 TRACY DAVIS HNYIRONMENTAL QUALITY Y Director MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris l 19 2016 Mining Program Secretary SAY Land Quality Section S SUBJECT: Mining Permit Renewal for Benson Construction Inc. Tar Heel Pit Bladen 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 wildlife and freshwater, estuarine, or marine fisheries (G.S. 74-51 (2)). Please respond by May 7 2016 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. 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) 707-9220 if you have any questions. /bm h Attachments Cc: Mr. Tim LaBounty State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 1612 Mai] Service Center � 512 N. Salisbury St. I Raleigh, NC 27699 919 707 9200 T MINING CHECKLIST FOR ROUTING Applicant's Name: Z A15 Project Name: UA, �kVL P 1 7' ApplicJPermit No.: _County: B LA DEA/ Date Received: 3 Reviewer: S iAv0NaL- River Basin Name: CAFE FEA t- 0 New Renewal ❑ Modification (inside permit boundaries) ❑ Modificatioon (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release 0 Additional Information 0 Fee Needed: $ Fee Received: CULL— ?,*Ase Date: Routed s 1 Reed 0 NE6eolcgicai�5r�rvey-5ectiorr Date: Routed Reed (Only new applications and modification requests that add land to the permit) ❑•Division-ofArEhive6-&-Hietory Date: Routed Rec'd (Only new applications) ❑ Other. Date: Routed Rec'd "5uopense Date for Comments: (no later than 25 days from receipt) Please note the following: Energy, Mineral and Land Resources eNVIRONMBNYAL QUALITY MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris l Mining Program Secretary Land Quality Section PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary May 17, 2016 TRACY DAVIS Director SUBJECT: Mining Permit Renewal for Benson Construction Inc. Tar Heel Pit Bladen 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 wildlife and freshwater, estuarine, or marine fisheries (G.S. 74-51 (2)). Please respond by May 7 2016 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. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS 'TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehnerat (919) 707-9220 if you have any questions. Ibmh Attachments Cc: Mr. Tim LaBounty State of North Carolina I Environmental Quality I Energy. Mineral and Lend Resources 1612 Mail SeMee Center 1 512 N. Salisbury St. I Raleigh, NC 27699 919 707 9200 T PAT MCCRORY Governor DONALD R. VAN DER VAART Energy, Mineral and Land Resources EWRONMQNTAL QUALITY May 17, 2016 MEMORANDUM TO: Ms. Gabriela Garrison Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris &;D% Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Benson Construction Inc. Tar Heel Pit Bladen County Secretory TRACY DAVIS Director Please find attached for your review a copy of the mining permit renewal request for the above 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 May 7, 2016 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 in the review of these types is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr. Tim LaBounty State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Service Center 1 512 N. Salisbury St. ! Raleigh, NC 27699 919 707 9200 T LAND QUALITY SECTION REGIONAL OFFICE MINING APPLICATION REVIEW CHECKLIST APPLICATION/PERMIT NO.: oa — ACTION: New Modification qEewi>ansfer Release APPLICANT NAME: uo5w 1`Aras _ao _ iH, MINE NAME: T/An- ►bEg�- P )T COUNTY: 6LA DeN Administrative Issues: A. Is the site currently under NOV? Yes B. Is an NPDES permit needed? Yes No G. Is an 'NPDES permitting existing? Yes No Explain: Explain: No Explain: D. Is' an 0 & M Plan needed? Yes No Explain: Field Issues: A. Are potential wetlands and -watercourses properly indicated on the Mine Map? Yes B. C. D. E. F. G. Are the proposed buffer zones adequate? Yes No Explain: No Explain: Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated? Explain: Do all water supply wells within 500 feet of the mine excavation appear to be indicated? Explain: Is visual screening needed? Yes No Explain: Yes No Yes No Are the proposed erosion and sedimentation control measures properly located to prevent offsite sedimentation? Yes No Explain: Is'the proposed revegetation/reclamation plan acceptable? Yes No Explain: Date inspected: Erosion and Sedimentation Control Plan Review: It is the responsibility of the Regional Office staff to verify the adequacy of the E&S measures. Please provide any concerns or comments: Other Comments: h Who was the application routed to and when?: Division of Air,Quality: _ Date: Division of Water Resources (Surface Water Protection Section): Date: Oth er: _ ^ _ Date: Inspector/Reviewer's Name: Date: Rev Dec 2006 Wehner, Judy From: Boyer, Janet Sent: Monday, May 16, 2016 2:44 PM To: Henson, Belinda Cc: LaBounty, Tim L; Wehner, Judy Subject: DWR comment sheet for 09-11 Please find the comment sheet for the renewal of the Benson Construction, Tar Heel Pit. Janet S. Boyer, PE State Mining Specialist Division of Energy, Mineral and Land Resources Department of Environmental Quality 919-707-9220 office Janet. boyer (D-ncdenr.pov 512 N. Salisbury Street — Archdale Building 1612 Mail Service Center Raleigh, NC 27699 ':`'Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF WATER RESOURCES Project Name Tar Heel Pit DEMLR Permit # 09-11 Applicant's Email: myrickconsultingservices@gmail.com PERMIT ACTION TYPE: Renewal YES rI NO Have land disturbing activities started? Date? r r Latitude: 34.7326 Longitude:-78.8174 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: 6PW/2016 County: Bladen Date Commencing >1971_ SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments: Watershed/Stream Name & Classification: DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in BIMS? YES NO r 401 Wetland Cart. required? 401 Wetland Cert. existing? r Permit # r Does DWRiRO have enough information to determine if a 4011 1 certt fication�i requireCh? r r" Is an O & M Plan needed? YES NO Are wetlands disturbed at this slte? r r Does DWR RO suspect or know of nearby- wetlands to the site? r Is a�wetland delineation requiraed prlor to X 'DWRpissuing the permit? r Consultant r Rav RPntpmhpr ?oi n Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. r bffsite? Stream Determination Needed? r r Stream Determination Completed? r Does DWR RO need a statement that no wetlands/streams are disturbed r t- for this project from applicant? Buffer Determination Needed? rC Buffer Determination Completed? r Recycle system permit existing? r ermit # r New Recycle System permit required?* I-- r Enough information to determine? Non -discharge permit existing? CPermit # r r , Unknown. Will wastewaters discharge to HQW waters- I- , 7Q10 Permittee must with a 7010=0? Flow: determine. r , 'Has Violation r O&M Requirements r HQW17Q10 Concerns Does�DWR require DEMUR to hold the r ' Pay back fees or renew permit (e.g. to DWR can review it further or DWR permit r Other. (- because DWR requires more information)? Please describe the reason to' hold the permit: RO contact: f Hold Until: Mine must wait to dewater until an O&M plan is r (- approved? Reviewed by: DWR RO Surface Water: Regional Office: Date: RO Aquifer Protection Section: Regional Office: Date: RAv Santamhar 9Mn MINING PERMIT APPLICATION REVIEW FORM 'for the DIVISION OF AIR QUALITY Project/Number: 19)T 0q - 11 County: 6tA DEIJ Please return comments back to: ::Y-. W }!Ne?— Comments due .by: Will the operation, as proposed, violate standards of air quality? Comments: YES NO Air permit required Air permit existing (Permit #_ ) Other Comments: Reviewed by: Date: Print Name: Central Office Reviewer: Rev Dec 2006 U� MYRICK CONSULTING, LLC May 13, 2016 NCDEQ, Land Quality Section Mrs. Judy Wehner Assistant State Mining Specialist I612 Mail'Service Center Raleigh, NC 27699-1612 REF: Benson Construction Company Tar Heel Pit Renewal Package (Permit No: 09-11) Mrs. Wehner, RECEIVED MAY 13 2016 LAND QUALITY MINING PROGRAM Please find enclosed the mining permit renewal application package for the above referenced mine for your review and consideration. Per the checklist for renewals, I have included the original and four copies of the following: 0 NC Mining Permit Application Renewal Request Letter 0 Updated mine map In addition, a letter requesting renewal and a check made payable to NCDEQ, Land Quality Section in the amount of $1000.00 for the renewal application fee are attached. i trust that this submission is complete, and sufficient for review and consideration for the renewal request. I appreciate your time and attention to this application, and look forward to your response. Should you have any questions, Please don't hesitate to contact me. Thanks, Wesley M. Anderson President Enclosure. 1697 HALLTOWN ROAD- AUTRYVILLE, NC 28318 . PHONE: 910.258.9883 MYRICKCONSULTINGSERVICES@GMAIL.COM MYRICK CONSULTING, LLC May 13, 2016 NCDEQ, band Quality Section Mrs. Judy Wehner Assistant State Mining Specialist 1612 Mail Service Center Raleigh, NC 27699-1612 REF: Benson Construction Company Tar Heel Pit Renewal Package (Permit No: 09-11) Mrs. Wehner, On behalf of Mr. BE Benson Jr. of Benson Construction Company, Inc. I am hereby requesting renewal of the above referenced mining permit for a period of 10 years. Per this renewal request, no change in the daily operation of the Tar Heel pit will occur. All existing areas that are currently under operation will remain in operation as needed to recover the remainder of the usable sand and sand clay material from the site. As required, once an area is completely mined, it will be reclaimed by establishing final (permanent) grading and vigorous vegetative ground cover. The reclaimed site will be a pond, stocked with bass, maintaining adequate slopes and depths to allow aquatic life to continue to thrive. Reclamation will be accomplished within the allotted two year time frame, as detailed in the original permit. Please note that we are not requesting modification of the existing permit in any way, and intend on full compliance with the original permit. Thanks for your time and consideration in this most important matter. Should you have any questions, Please don't hesitate to contact me. Thanks, Wesley M. erson President Enclosure: 1697 HALLTOWN ROAD- AUTRYVILLE, NC 28318 ■ PHONE: 910.258.9883 MYRICKCONSULTINGSERVICES@GMAI L.COM ; BENSON CONSTRUCTION, INC. 4 ti R O. BOX 125M10-739-'9969 _ y • r - 5837,1 -LUMBERTON NC 28359 y f .fY R.wt * ,*r" - .+ '.g 1CJ 1. -Y• -� .e cy r " a di •+t r r "^� - ''".-: 88-21/530 20281 648531008094, 0 � ...: DATE 5--12 2Q1b i,•�kn �. PAY' PTO THE k ORDER o1=, 1,000 QO v���}-.. .✓�j n.q '�. F"w • f> eh , n '0` '-e•.�f,_� 'any `- u' EIS_ e `... ,s., YSc" .iL» DOEI.ARS - ..: +Wells Fargo Wk.NA r� � North Carolina - - �, • - - - �' �'t - z ." ilk 'viehsfargocom '�- --�:- - •- �'"`' f a c r i +FOR`Tar Heel' t App - `- { , =. Ar- . )t rvy 1'-.}w.... .,. .Av•k:R'r-. -.. - 'r- k.t^ .. �. h • .e � -, .. ... -. r.r .. _. ,r ..n_-._. .�._..._L_.. �._.u. .. � � BCD RECEIVED MAY 13 2016 LAND QUALITY MINING PROGRAM NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 Revised: February 24, 2012 NOTE: It is. recommended that you contact the appropriate Regional Office (see Regional Office listing in the back of this booklet) or the Raleigh Central Office for a PRE -APPLICATION MEETING to discuss your intentions and address any questions. MINING PERMIT APPLICATION RE VIE W 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 .................................... 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 (go to * ) 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/Cancellations - Permit Releases - Inactive Renewals - High Airblast Remediation Plans - Non -controversial New Permits - Non -controversial Renewals - Small, Non -controversial Modifications END OF PROCESS If "YES", application & proposed permit action forwarded to and reviewed by Division Director Is application & proposed permit action complete/acceptable?? IIf "YES", the proposed permit action is I issued by the Division Director END OF PROCESS 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 Section 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 *) APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Tar Heel Pit County Bladen River Basin Cape Fear Latitude (decimal degrees to four places) 34.7326 Longitude (decimal degrees to four places)-78.8174 2. Name of Applicant* Benson Construction, Inc. 3. Permanent address for receipt of official mail** P.O. Box 1250, Lumberton, NC 28359 _ Telephone (910)739-9969 Alternate No. ( 4. Mine Office Address P.O. Box 1250 Lumberton NC 28359 Telephone (9I0)739_9969 5. Mine ManagerB.E. Benson, 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. ***Signature Print Name_. B.E. Benson, Jr. Title CEO Date May _14, 2016 * 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 grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must he addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: x If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered y the existing permit: Mining Permit No.: 09-11 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 25.16 ❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered y the existing permit. Mining Permit No.: Total permitted acreage: ^� Does the modification involve acreage within the previously approved permitted boundary? Yes ❑ NoEl. 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 (i.e.: disturbed, ground cover removed) by the mining operation? Yes ❑ No ❑ (If no, a "minor modification" fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ❑ If this is an application for TRANSFER 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: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand 3. Mining method: Hydraulic Dredge ❑ Front-end Loader & Truck ® Shovel & Truck Dragline & Truck❑ Self -loading Scraper Other (explain): 4. a. Expected maximum depth of mine (feet) 4' — 10' Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Onsite benchmark provided by survey crew b. Expected average depth of mine (feet) 4' — 10' -2- APPLICATION FOR A MINING PERMIT 5. Has any area(s) at this site been mined in the past? Yes ❑ If yes, when and by whom was this activity conducted? 6. Number of years for which the permit is requested (10 years maximum): 10 years B. MAPS 1. Clearly mark and label the location of your mining operation on six 6 copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5'h Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 :rttn://portal.ncdenr.ora/wcbllr/aeolouicat Koine County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation — Geographic Information Systems (GIS) Mailing Address: NCDOT GIS Unit 1587 Mail Service Center Raleigh, North Carolina 27699-1587 Physical Address: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919) 212-6000 htip.//xk,w«,.ncdot.or�,,/it/g.is/ 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits 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. f Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of at I processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of I00-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. WE APPLICATION FOR A MINING PERMIT 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 ad'oming these tracts, that are within 1,000 feet of the mining permit boundary, must be provide 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: l . Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres 1 inch = 50 feet 50-199 Acres I inch = 100 feet 200+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) ME APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds 0 Stockpiles 0.2 Wastepiles 0.5 Processing Area 0.6 Mine Excavation 2.41 Other (Explain) Total Permitted Acreage 25.16 NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONSISTATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. B61E APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. 1. Continue excavation of sand from bottom of existing pit. 2. Stockpile sand and allow to dry before loading onto trucks for use off site. 3. Once all material is removed, slope and stabilize banks of excavation. 4. Seed and apply lime/fertilizer as needed to establish vigorous vegetative ground cover. 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 maps) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. 1. Stone entrance. 2. Slope drains as needed to prevent erosion of banks of excavation. 3. Temporary diversions as needed to transport sediment laden runoff to discharge in existing pit. 4. Apply seed, lime and fertilize to establish vigorous vegetative ground cover. Re -seed all barren areas as needed 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 wastewater from the mine or plant as a point discharge to the waters of the State? Yes ❑ No X. Ifyes, briefly describe the nature ofthe discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). -6- APPLICATION FOR A MINING PERMIT c. 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 ❑ No X. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine maps) that lie within 500 feet ohe proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the 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 10,000 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. 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? I . Water truck. APPLICATION FOR A MINING PERMIT 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). SEE MAP A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). SEE MAP 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. Use 3:1 slopes SEE MAP -8- 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 f nal stabilization. SEE MAP c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections f r all cut slopes must be provided on the mine map(s). SEE MAP d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross -sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. NIA 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. NIA S. 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 ofeach type of barricade to be used must be indicated on the mine map(s). I. Totally wooded perimeter. 2. Locked gate. sZ APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes ❑ No X. If yes, 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 maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location ofall visual screening on the mine map(s) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. Maintain existing woods on all sides of the site. 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 nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structure(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ❑ No X. Ifyes, describe these materials, how they will he stored and method of containment in case ofspill. Indicate the localion(r) of all storage facilities on the mine map(s). - 10- APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, 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. Once mining is complete, slope and establish final grade on all disturbed areas per the cross section provided on the mining map. Utilize material generated while knocking down any berms, or from other on site sources. Spread topsoil as needed on all finished slopes to promote vegetation. Prepare all areas with proper seed bed, and apply seed, time, and fertilizer per the approved seeding schedule. At such time that all earth moving operations are complete, stock ponds with species of fish listed below. Continue maintenance seeding and vegetative efforts until all disturbed areas have vigorous ground cover. Once all reclamation is complete, call for final inspection and release of reclamation bond. 2. 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-section(s) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes X No ❑. If yes, specify species. Bream and Bass 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. NA APPLICATION FOR A MINING PERMIT 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. SEE MAP a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. Any on site stock piles will be loaded on to trucks and removed for use off site. Any usable onsite topsoil, or spoil material will be utilized to topdress disturbed areas prior to seeding operation. Establish vegetative cover on all disturbed areas. b. Will any on -site roadways be left as part of the reclamation? Yes ® No ❑. Ifyes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. Establish permanent grades on road to be left for access to pond. Grade to drain to pond, using swales as necessary. b. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.) No off -site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(v) and reclamation map, along with a list of items to be disposed in said areas. None -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 yeas -round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the 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; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding Dates: Seeding Rates: Same as before MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS — TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Same as before Signature _ Print Name Title Agency Date -]3- APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5,000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life ofthe mining permit. Please insert the approximate acreage. for each aspect ofthe mining operation. that you intend to affect during the life ofthis mining permit (in addition. please AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COSTIACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. _ $ Stockpiles: Ac. X $ /Ac. _ $ Wastepiles: Ac. X $ /Ac. = $ Processing Area/Haul Roads: Ac. X $ /Ac. — $ Mine Excavation: Ac. X $ /Ac. _ $ Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: Ac. (TOTAL PERMITTED AC.: 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 Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life (1 to 10 years): INFLATION COST: $ TOTAL COST = SUBTOTAL COST + INFLATION COST = $ Total Reclamation Bond Cost: $ round down to the nearest - 14- APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail, return receipt requested, to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bl). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -15- NOTICE Pursuant to provisions G.S. 74-50(b]) of The Mining Act of 1971, Notice is hereby given that has applied on (Applicant Name) (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 new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine on acres located (Mineral, Ore) (Number) (Miles) of off/near road (Direction) (Nearest Town) (Number/Name) in _ County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b 1), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity. please contact the applicant at the following telephone number: . For information on the mining permit application review process, please contact the Mining Program'staff at (919) 707-9220. Please note that the Department will consider any_r_elevant written (Addressee/Owner of Record's Name and Address) (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) (Name of Applicant: Include Contact Person & Company Name, if Applicable) (Address of Applicant) - 16- I APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, , 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, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) [i.e.: City Manager, County Manager, Mayor, etc.] The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(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. Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Title of person executing Affidavit I, a Notary Public of the County of State of North Carolina, do hereby certify that appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my hand and notarial seal, this day of 20 Notary: my Commission expires: -17- 1 4 APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: Signature: Print Name: B.E. Benson Jr. (CEO) (Title, if applicable) APPLICANT: Signature:* Print Name: B.E. Benson EO Company B. E. Benson Jr Properties LTD Title: CEO (If applicable) Address: PO Box 1250, Lumberton NC 28359 Company: Benson Construction Inc. Mine Name: Tar Heel Pit Telephone: (910) 739-9969 Telephone: (910 ) 739-9969 Date Signed: -'Y' - / 2 - 1 b Date Signed: *Signature must be the same as the individual who signed Page I of this application. One orip-inal in an_a reciamanon maps, ana the appropriate processing tee (see next page for tee scueauie) in the form a 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) 707-9220. -18- APPLICATION FOR A MINING PERMIT MINING FEE SCHEDULE A nonrefundable permit application processing fee when filing for anew mining permit, a major permit modification or a renewal permit is required as follows: New Permit Applications Permit Modifications Permit Renewals Transfers/Minor Modifications* 0-25 acres $3,750.00 $750.00 $750.00 $100.00 26+acres $5,000.00 $1,000.00 $1,000.00 $100.00 • A nonrefundable $100.00 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 permit modifications. 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 existing permitted area, or both. -19- APPLICATION FOR A MINING PERMIT There are seven Land Quality Section (LQS) Regional Offices. Use the map below to locate the Regional Office serving your county. Asheville Regional Office • Counties: Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Swain, Transylvania, Yancey • Address: 2090 U.S. Highway 70, Swannanoa, NC 28778 • Voice:828.296.4500 • FAX:828.299.7043 Fayetteville Regional Office • Counties: Anson, Bladen, Cumberland, Harnett, Hoke, Montgomery, Moore, Richmond, Robeson, Sampson, Scotland • Address: 225 Green Street, (Systel Building), Suite 714, Fayetteville, NC 28301-5094 • Voice:910.433.3300 • FAX:910.486.0707 Mooresville Regional Office Counties: Alexander, Cabarrus, Catawba, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly, Union • Address: 610 East Center Ave., Suite 30I, Mooresville, NC 28115 • Voice:704.663.1699 • FAX:704.663.6040 Raleigh Regional Office • Counties: Chatham, Durham, Edgecombe, Franklin, Granville, Halifax, Johnston, Lee, Nash, Northampton, Orange, Person, Vance, Wake, Warren, Wilson • Address: 1628 Mail Service Center, Raleigh, NC 27699-1628 or 3800 Barrett Drive, Raleigh, NC 27609 • Voice:919.791.4200 • FAX:919.571.4718 Washington Regional Office • Counties: Beaufort, Bertie, Camden, Chowan, Craven, Currituck, Dare, Gates, Greene, Hertford, Hyde, Jones, Lenoir, Martin, Pamlico, Pasquotank, Perquimans, Pitt, Tyrrell, Washington, Wayne • Address: 943 Washington Square Mall, Washington, NC 27889 • Voice:252.946.6481 • FAX:252.975.3716 -20- APPIAC kTION FOR A MINING PERMIT LAND QUALITY REGIONAL OFFICES (continued) Wilmington Regional Office • Counties: Brunswick, Carteret, Columbus, Duplin, New Hanover, Onslow, Pender • Address: 127 Cardinal Drive Extension, Wilmington, NC 28405 • Voice:910.796.7215 • FAX:910.350.2018 Winston-Salem Regional Office • Counties: Alamance, Alleghany, Ashe, Caswell, Davidson, Davie, Forsyth, Guilford, Rockingham, Randolph, Stokes, Surry, Watauga, Wilkes, Yadkin • Address: 585 Waughtown Street, Winston-Salem, NC 27107 • Voice:336.771.5000 FAX: 336.771.4631 -21 - A>pVE14'ATION FOR A MINING PERMIT SCHEDULE OF RECLAMATION COSTS (Based upon range of $500 - $5,000 per affected acre) COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill dirt, CS = Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI = Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine, KY = Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other Type T/S Ponds S.piles W.piles P.area[H.R. Mine Excay. SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $500/ac.(L) Borrow 1500(FI) $2000(PD) CS, DS, 500(L) 1800 2000 2000 500(L) FS, MI, 1500(FI) 2500(PD) Ll, PF, OL, KY PH 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) CL 1000(L) 2500 5000 5000 2000(L) 2500(FI) 3700(PD) PE, AU, 1000(L) 2500 3000 3500 2000(L) TI, OT 2500(FI) 5000(PD) (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM: • FINAL GRADING COSTS PER ACRE • LIME AND FERTILIZER COSTS PER ACRE • YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) + MULCH AND ANCHORING COSTS PER ACRE • ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. -22- Wehner, Judy From: Davis, Tracy Sent: Tuesday, April 26, 2016 9:54 AM To: Burt Cc: stephen@bensonconstruction_com; myrickconsultingservices@gmail.com; Boyer, Janet; LaBounty, Tim L; Wehner, Judy Subject: RE: BENSON CONSTRUCTION INC-MINING PERMITS Mr. Benson, Your request for an extension of time to file the two mining permit renewals, for #78-06 and #09-11, is hereby granted. The new deadline for submission of the completed mining permit renewal applications is 5:00 pm on Wednesday, May 15, 2016. Thank you for your cooperation in this matter. Sincrerely, Tracy E. Davis, PE, CPM Director, Division of Energy, Mineral, and Land Resources From: Burt[mailto:burt@bensonconstruction.com] Sent: Monday, April 25, 2016 5.29 PM To: Davis, Tracy <tracy.davis@ncdenr.gov> Cc: stephen@bensonconstruction.com; myrickconsultingservices@gmail.com Subject: BENSON CONSTRUCTION INC-MINING PERMITS Dear Mr. Davis, Our company has two sand mines, Permit # ROBES-78-06, expiration date 3-9-2016 and BLADE-09-11, expiration date 4-4-2016, In December of 2015, we contracted with Mr. Wesley Anderson, Myrick Consulting Services to complete the renewal process, which he has not yet completed. We understand he had some draftsmen who let him down on doing the work as well as going thru some personal issues. He has assured us that both renewals will be completed in the next thirty days. Therefore we respectfully request a thirty day extension from today to complete these two renewals. Sincerely, B.E.{Burt} Benson, Jr. CEO BENSON CONSTRUCTION INC 1485 NC 711 HWY, LUMBERTON NC 28360-5400 Offic: 910-739-9969 Fax:910-739-0167 burt@bensonconstruction.com ONSTRUCT ION, INC. Ralql?4.9�P ca) x F71 F71 17- 4j\ x < ti \ % TZ 8-10' GRAMED AREAS 771. �5- 3 STRANU BARBOPRE MINE EOI�NDAR"/ Lr� ? PEP% WOODS Z" > ix � x Z rT-1, < iL FT-1 7,> < i. 17 77 i F 7 % c 1> C:� > 71 > 4 F7 7 m 77 C-) 0 7� F7 Ct I.-D A T AM c EXISTING W REMAIN UNDISTL LEGEND; BUFFER �_-- --- S1 ! i --NCB. C) WATER --vEL, .� 1 EvY1R L. -� C"4 3.1 Si_OPI I"c i- E.il Cr lY rii. C) if) K , � C �..... 4.. E_..l On yy� E i2' x r v tx3 r a W MJNE -_ =: O M O: F X I S T I I'u� AREA EXISTING MINE EXCAVATION 2.97 A.C. a ✓ J Eq0 INTERMITI-[I MINE. PERMIT BOUNDARY EXISIINL; SILT t- F:NCF 50' UNDISI URBED BUFFER OWNER_: BE SON 'ONSTR T I0%� INS. WETLAND LIMITS CGOEDMAN S General Notes l i __•_______..... .... ............ /t3 i 1 r P L_l-- No. Rev'Esion, ssue mole NNWAM MYRICK TARI-- EEL SIT MINING P,--PMIT RENEWAL EBEI SC3N CONSTRUCTION C'0. LAT%LONG: 34.7326, — 78.8141 ADDRESS: P" 0, BOX 1230 a._i �V BF RT` N, Nr' 28359 910--7,59----9969 20 1 6 -- 005 MOON f 8'31/2016 4 sca�a 1 " 100' Al NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist Mr. B. E. Benson, Jr. Benson Construction, Inc. PO Box 1250 Lumberton, North Carolina 28359 RE: Renewal of Permit No. 09-11 Tar Heel Pit Bladen County Cape Fear River Basin Dear Mr. Benson: April 5, 2006 Michael F. Easley, Governor William G. Ross Jr., Secretary Your application for renewal'of the above referenced mining permit has been approved. A copy of the renewed permit is enclosed. The new expiration date is April 4, 2016. The conditions in the permit renewal were based primarily upon the initial application. Modifications were made as indicated by the renewal request and as required to insure compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 1 B, 2A, 4A, 10, and 13, and Reclamation Condition Nos. 2D and 3. As a reminder, your permitted acreage at this site is 32.36 acres and the amount of land you are approved to disturb is 26.36 acres. Please review the renewed permit and contact Mrs. Kristin Hicklin, Assistant State Mining Specialist, at (919) 733-4574 should you have any questions concerning this matter. jsi4ncrely, Floyd R. Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRW/kh Enclosure M. Mr. Doug Jones, PE Ms. Shannon Deaton-WRC, w/enclosure Mr. Bradley Bennett-DWQ, w/enclosure Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosure 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 1 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper IBEAM Mine Entry Screen Permit No.40 [ —11 Issue date 1 Release date P acrea Bonded acreag �� . 3� Bond type Bon ount Expiration da e q o j Status �I ti a Mine acreage screen (releases) Permitted acreage in new acres reclaimed (mine excavation category) a6 ' w Compete items 172, and 3. Also complete Item 4 if Restricted delivery is desired. ■ Printyourname. and address on the reverse sothat we can return the'card to you. 1 ■ Attach this card to the track of the mailplece, or on the front if space permits. t. Article Addressed to: MR B E BENSON JR ? BENSON CONSTRUCITON INC j PO BOX 1250 LUMBERTON NC 28359 o Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address dittarent If YES, enter delivery addA D7 a R�Estered .F�cpresa i{ m Receiptfor Merchandise Cl Insured Mall 4 C.O.D. a 4. ,gesrilcted"Deflvery' 7 r&WFeN ❑ Yes 7 2. AificleNumber f 7003 0500 0002 0451 3888 {Tranow from service law 1 �/ P.S Form August 2ooi 381j1, , .,� Domestic Return Receipt - ! T�Q� , M,Sao Y 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: Benson Construction, Inc. Tar Heel Pit Bladen County - Permit No. 09-11 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. April 4, 2016 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 April 4, 2016, 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: Page 3 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. 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 or into the existing sediment basin. C. No dewatering activities shall occur at this site. D. Mining activities shall occur as indicated on the mine map last revised February 7, 2006. 5. All affected area boundaries (26.36 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. Page 4 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. 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 50 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; Page 5 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. 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 $17,400.00 surety 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. 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 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 Soii Amendments 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. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. Page 8 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. . This permit, issued February 7, 1996, is hereby renewed this 4th day of April 2006 pursuant to G.S. 74-52. James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources . . .. ... .... ... . .. ..... ............ 1A 'Al A01 V 71 41 s �_.�...-.• ram'--- '�•.�,�� "�. � �„ � tr„ `► � . sir i JO Ll A .✓ i IV�• C/ � ._ ,� , }� i_..\'. " � � �'✓ -". ,., via � � • � � , � � ---�C. ' � , ;. � - /,) � :. '' � t, A Ob r- 'r t^� ter, i i I � L6 1 y i i L € r ` 1 # � i n t rya cp n J.. Cu t d'. _ - �# ._a.. ttE CTl �r+•iswlu.r. " � _ .� _. -*, ,*— to ; �' _ r•.! �, q } _ t r� p • i �t All r ae 71 l It "k I ewal Subject: Benson Constructi4ar Heel Pit; Bladen Co 09-X... From: Steve Cook <Steve.Cook@ncmail.net> Date: Fri, 17 Mar 2006 16:50:35 -0500 To: "Kristin.Hicklin" <Kristin.Hicklin@ncmail.net> CC: Steve Cook <Steve.Cook@ncmai1.net> Kristin, In case you haven't acted on this already, here are our comments. Wendy's comments are attached. AQ WQ * No permit needed. * Has 50-ft. wetlands buffer been confirmed by USA-COE? * NPOES required, not issued. * Non -discharge permit required, not issued. * COE 401 certification required to be determined by COE * 401 certification existing. Steve Cook <steve.cook ncmail.net> Asst. Regional Engineer Div. of Land Resources/NC-DENR Land Quality Section • • Mine Modification/Renewal Benson Construction Tar Heel Pit Bladen Co.; 09-11 Comments 1. Contours are not shown. How do we know silt fence will be an adequate measure for the overburden (waste pile) area? — --n- V Lk& i v.z�, -`o-- — 2. What are the dimensions and details for the weir of the pond? 3. A construction drawing is needed for the weir of the pond. 4. What size of stone will be used for the stone entrance? 5. Page 15 is not completed. A bond was received on November 15, 2005. 1s the bond amount adequate? b. The existing ditch may be a stream. ...ter •!A NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Director and State Geologist Certified Mail Return Receipt Requested 7003 0500 0002 0451 3888 Mr. B. E. Benson, Jr. Benson Construction, Inc. PO Box 1250 Lumberton, NC 28359 RE: Tar Heel Pit Mining Permit No. 09-11 Bladen County Cape Fear River Basin Dear Mr. Benson: Land Quality Section March 10, 2006 Michael F. Easley, Governor William G. Ross Jr., Secretary The review has been completed on the renewal request your company submitted for the referenced mine site. However, the following is needed to continue processing your application: • The reclamation bond was calculated for this site using the information submitted on the mine map last revised February 7, 2006. The reclamation bond for this site has been calculated to be $17,400.00. The calculation worksheet is enclosed for your review and the bond or balance ($800.00) will be required prior to approval of this renewal. 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., Benson Construction_ Inc. In addition to one of these alternatives, you may, upon request, substitute a'cash deposit. Please be advised that the renewal request cannot be completed until the new bond amount has been received. As required by G.S. 74-51 (h), you are hereby advised that you have 60 days from the date of your receipt of this letter to submit the reclamation bond. 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. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612-919-733-45741 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper t CERTIFIED MAIL Mr. Benson Page Two In order to complete the processing of your renewal request, please forward 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 Please contact me at (919) 733-4574 if you have any questions. Sincerely, .. Ll. Kristin Hicklin Assistant State Mining Specialist Land Quality Section Enclosures: Bond Forms Bond Calculation Worksheet cc: Mr. Doug Jones, PE APPLICATION FOR A MINING PERMIT 0 a E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life ofthe miningrermit. Please insert the approximate acres a or each CATEGORY Tailings/Sediment Ponds: Stockpiles: AFFECTED ACREAGE Q . Ac. X Ac. X Wastepiles: Ac. X Processing Area/Haul Roads: �� Ac. X Mine Excavation: Ac. X Other: �P At w�u�� r� Ac. X TO AL AFFECT D AC.:41 . Ac. (TOTAL PERMITTED AC.:. a . ' { Ac.) RECLAMATION COST/ACRE* RECLAMATION COST $ 510. o/Ac. _ $ • 00 $ /Ac. _ $ MONO, s2AWAPAc. _ $ .DC $ -Mc. _ $Do o $ /Ac. _ $ ,5� � ��+•s�urb�d bad. 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 a (a + 1 ( Ac. b) Positive Drainage Inflation Factor: .00mm, Ac. X $1,500.00 = $ SUBTOTAL COST: $ . 5�O . 00 0.02 X SUBTOTAL COST: $1q.S&180X .6 - TOTAL COST = SUBTOTAL COST + Total Reclamation Bond Cost: $ Permit Life (1 to 10 years): 10 INFLATION COST: $ 00 INFLATION COST = S round down to the nearest needd� 96N. I4.460.00 -Al� Soo,00 1Jtcdc� CBe.�►�nes� _ f� J A74LA... NCDENR North Carolina Department of Environment and Natural Division of Water Resources Michael F. Easley, Governor March 2, 2006 MEMORANDUM TO: Brenda M. Harris Mining Program Secretary Land Quality Section FROM: Nat Wilson Ground Water Management Section Division of Water Resources SUBJECT: Comments on the Mining Permit Renewal Request for: Benson Construction Tar Heel Pit Bladen County Resources William G. Ross Jr., Secretary John Morris, Director RECIEWED MAR A 2 2008 Please find attached a copy of the mining permit renewal request for the above referenced project. The Tar Heel Pit located in Bladen County should not have an unduly adverse effect on ground water supplies. Any water withdrawal will be subject to North Carolina General Statute 143-215.22H; Registration of Water Withdrawals and Transfers Required. Any person who withdraws in one day 100,000 gallons (70 gpm) or more of surface water or ground water in North Carolina is required to register the withdrawal with the Division of Water Resources. A Central Coastal Plain Capacity Use Area permit must be obtained from the Division of Water Resources if the withdrawal exceeds 100,000 gallons per day and occurs in Beaufort, Carteret, Craven, Duplin, Edgecombe, Greene, Jones, Lenoir, Martin, Onsiow, Pamlico, Pitt, Washington, Wayne, or Wilson County. If you have further questions please contact the Division of Water Resources at (919) 7334064 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 Phone: 919-7334064 \ FAX: 919-733-35581 Internet: www.ncwater.org An Equal Opportunity / Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper Nof thCarohna Naturally L • A74LA� i NCDENR North Carolina Department of Environment and Natural Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist February 10, 2006 MEMORANDUM TO: Dr. Steve Everhart Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris Q��—� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Benson Construction Tar Heel Pit Bladen County RE-CEIVED FEB 17 2006 urces in ni mt.iTY SECTION Michael F. Easley, Governor William G. Ross Jr., 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 March 3, 2006 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. Kristin Hicklin at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Doug Jones 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 MINING CHECKLI5T FOR ROUTING Applicant's Name: &v\Srv.,_ t r u i nrRroject Name: P' og--/1 Appiic./Permit No.: County: °`� Date Received: �� Reviewer: V�r's4i cy �{ v\ River 113asin Name: L ❑ New enewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial ReleaSe ❑ Additional Information ❑ Fee Needed: $ Fee Received: $ Sa0 .SP0 i Pleaac route entire applicati kagP� ti Regional Office (2 complete copies; attach the "LQ5 Regional Office Mining Application Review Checklist" to one copy and attach 1?i theca)MCIAQ "Mining Application Review Form" to the other copy; send both copies to the egional Engineer) Date: Ro uted �� 9 4Rec'd 'vvisioof Wat Resources Date: Routed Rec'd 'ZNC Wildlife Resources Commission Date: Routed Rec'd ❑ U5 Fish & Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) please rou first 312aaes of the anniication_and an tioC1 M : ❑ Division of Parks & Recreation Date: Routed Rec'd ❑ NC Geological Survey 5ection Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) ❑ Other: Date: Routed Rec'd **5uopen5e Date for Comments: J? ' 3 C)Cp (no later than 25 days from receipt) Please note the following: 6y 0 C71 of re �1,s no C..W 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 MEMORANDUM February 10, 2006 TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section Michael F. Easley, Govemor William G. Ross Jr., Secretary SUBJECT: Mining Permit Renewal for Benson Construction Tar Heel Pit Bladen County ❑ Mine Dewatering Proposed ® No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification 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 March 3 , 2006 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. Kristin Hicklin at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Doug Jones 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 1 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist February 10, 2006 William G. Ross Jr., Secretary MEMORANDUM TO: Dr. Steve Everhart Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Tar Heel Pit Bladen County Renewal for Benson Construction 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 March 3, 2006 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 Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. .Ibmh Attachments cc: Mr. Doug Jones 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 BENSON CONSTRUCTION, INC. 50503 P. O. BOX 1250, 910-739-9968 LUMBERTON, NC 28359 65-21" SPAP" TRW D&TE 2-7-06 — ')ER NCDENR Land Quality Section I 500.00 . fG�STERfp�" j�j CIS DOLLAR not WACHOVIA Vftcto a Bank. NA. I . wdwKa wm 1 `� (- � Tar Heel Pit • - „� t RECEIVED NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of -Environment And Natural Resources Division of Land Resources Land Quality Section ` J CC) 1612 mail Service Center Raleigh, North Carolina 2 7699-1612 (919) 733-4574 Revised 4/2002 0 0 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 0 • MINING PERMIT APPLICATION REVIEW PROCESS FLOWCHART BEGINNING OF PROCESS ` Application received by Land Quality Section/ I State Mining Specialist Application assigned to Assistant State Mining Specialist Assistant State Mining Specialist/Program Secretary I 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 I Applicant issues I Public Notice - Land Quality Section Regional Office - Division of Air Quality - Division of Water Quality ................................... Review Public Comments; Public Hearing Possible : ................... 0.0.............: 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 !go to*1 .� � � ,� .� ., i 0 0 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 Section 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 i (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 Tar Heel Pit County Bladen River Basin Cape Fear Latitude (dd.mm.ss) 34° 44' 01" Longitude (dd.mm.ss) 78° 48' 58" 2. Name of Applicant* Benson Construction Inc. 3. Permanent address for receipt of official mail** P.O. Box 1250, Lumberton, NC 28359 Telephone - _ (910) 739-9969 4. Mine Office Address Same as Above Telephone Same as above 5. Mine Manager B.E. Benson, Jr. _ T 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. ** Pn Title CEO Date February 6, 2006 * 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- • APPLICATION FOR A MINING PERMIT ■ NOTE: All of the following questions most 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 thatthe "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: 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.: 09-11 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 25.16 c. If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered y the existing permit: Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes Now 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 minmg operation? Yes No (if no, a "minor modification" fee of $50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): d. If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered y e existing permit: Mining Permit No.: Total permitted acreage: ■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: SAND 3. Mining method: Hydraulic Dredge X_ Dragline & Truck __ ... -2- Front-end Loader & Truck Shovel & Truck ding Scraper Other (explain) APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) 4' --- 10' Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Natural Ground b. Expected average depth of mine (feet) 4' - 5. Has any area(s) at this site been mined in the past? Yes No X 1f yes, when and by whom was this activity conducted? 6. Number of years for which the permit is requested (10 years maximum): 10 l -MO _KI �l 1. Clearly mark and label the location of your mining operation on six (fil coRies of a 7.5 minute quadrangle and a county highway map. These maps, in addition to six (6) comes 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) 715-9718 County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919)733-7600 -3- 0 • APPLICATION FOR A MINING PERNQT 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits 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 if 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 rislits-of way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and gding. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. 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. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. 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 W 50 feet 100-499 Acres 1 inch = 100 feet 500+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- 0 0 APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds 0.2 Stockpiles 0 Wastepiles 0.5 Processing Area/Haul Roads 0.5 Mine Excavation 25.16 Other NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE,, -SPECIFIC MY MATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- • APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. 1. Clear & grub trees 2. Excavate pond 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 andprocess 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 maps) 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. 1. Stone entrance 2. Sediment Pond, check dam and overflow 3. Silt Fence around waste pile 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 No x . Ifyes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). 0 • APPLICATION FOR A MINING PERMIT c. 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 No x . If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine maps) 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. 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. 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? Water Truck —7— • � � .. Y � F ' ♦ 4 , x I ' 1 1 � � f ! 1 w 1 ♦ � r r � � � L� • � i � ♦ r 1 � w 1 s � � � � � � t• APPLICATION FOR A MINING PERMIT 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). SEE MAP A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). SEE MAP 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 I vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. Use 3:1 slopes SEE MAP • 0 APPLICATION FOR A MINING PERMIT 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 ofany benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. SEE MAP c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections or all cut slopes must be provided on the mine map(s). SEE MAP d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross -sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. NIA 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 nine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. NIA 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). Totally wooded perimeter Locked gate. . 1 i 5 � � � � 1 � � . � 1 � � � � . J, � � � � � � � i �. � t.t� 3 � � 1 APPLICATION FOR A MINING PERMIT 9. 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 maintairuing, or planting trees, bushes or other vegetation, building berms or other measures. Show the location ofall visual screening on the mine maps) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. Total Forest 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 nearby structures, more detailed technical information may be required on the blasting program (such as a third - party blasting study). Locate the nearest o site occupied structure(s) to the proposed excavations) on the mine map and indicate its approximate diance to the proposed excavation. 12. 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 ofcontainment in case ofspill. Indicate the location(s) of all storage facilities on the mine map(s). -10- ! f 0 APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of allpermanent channels must be indicated on the reclamation map. Same as Before 2. 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 crass -sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes x No . If yes, specify species. Bream, Bass 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. 12rr:" 11- 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. SEE MAP 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. Same as Before b. Will any on -site roadways be left as part of the reclamation? Yes No . Ifyes, identify such roadways on the reclamation map andprovide details on permanent ditch line stabilization. Same as before 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 zenerated waste shall be disposed of on the mine site without gnor_ written approval from the Department of Environment and Natural Resources, Land Qua ili Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with a list of items to be disposed in said areas. None -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 near -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 revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the 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; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding -Dates: Seeding Rates: Same as Before MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Same as before Signature Date Print Name Title Agency -13- �I �� 4 a y • � � � � - i r � _ � � S _ _ _ � � � ' � � 3 � � � �.. -, 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(bi). ■ SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -15- . r { r •. ` � .., � .� + a • � �. t � _, r' F 9 � � ' s. i �. .. � 1 � i _ � � . � ' _ , • � ' 1 , • 1 . ` .. � � � � i. r � i . � ' (i _ a � �r � � 0 NOTICE Pursuant to provisions G.S. 74-50(b1) of The Mining Act of 1971, Notice is hereby given that (Applicant 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 ❑ (b) a modification of an existing surface mining permit to add land to the permitted area ❑ The applicant proposes to mine on acres located (Mineral, Ore) (Number) (Miles) of off/near road _ (Direction) (Nearest Town) (Number/Name) in County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the nine 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 thi{30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the epartment determine tha# 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 business hours at the above listed address as well as at the appropriate regional office. For information contact (Addressee/Owner of Record's Name and Address) (Date of Ismuance of this Notice/ Mailed to Addressee/Owner of Record) r or mrormauon on 33-4574. Please note -16- process, (Name of Applicant: Include Contact Person & Company Name, if Applicable) (Address of Applicant) 0 • APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 1, , 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) (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.] The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(b 1) and 15A NCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) 1, of North Carolina, do hereby certify th appeared before me this day and under Witness my hand and notarial seal, this Notary: (title of person executing Affidavit) a Notary Public of the County of 1:IV31 day of 20 My Commission expires: , State -17- t 4 • ,. .. ` 4 � , �. - � � ,_ � i � I ' • 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: APPLICANT: Signature: Signature:* CE 6 Print Name: B.E. Benson, Jr. Address: P.O. Box 1250 Lumberton, NC 28359 Telephone: 910 739-9969 Print Name: B.E. Benson, Jr. Title: CEO Company: Benson Construction Inc. Mine Name: Tar Heel Pit *Signature must be the same as the individual who signed Page 1 of this application. !essmE tee tsee next page for tee schedule) in the Form a check or money order lepartment of Environment and Natural Resources must be sent to the Land 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) 733-4574. North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section ( ERMITTED MINE) 1. MINE NAME �---4 r , >.c 2. MINING PERMIT # 4 ✓ �� "` 3. OPERATOR �a1 . $� � � 4. COUNTY - 5. ADDRESS :, �n cVt 6. PERMIT EXPIRATION DATE 7. RIVER BASIN 8. Person(s) contacted at site 9. Was mine operating at time of inspection? Cl' Yes No 10. Pictures? 11. Date last inspected: , 1 �` /3,2 12. Any mining since last inspectio ? 13-. IS the mine in compliance with the Operating Conditions of the Permit? Yes If no, explain: ❑ Yes No ❑ Yes No ❑ No 14. Is the mine in compliance with the Reclamation Conditions of the Pe Tnit? Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes y NoIf yes, describe thetype and severity of the damage: 16. Corrective measures needed and/or taken: SEP 27 2011 17. Other recommendations and comments: 18, Is the Annual Reclamation Report +/-map accurate? 19. FollO'vr-up inspection needed? ❑ Yes Ix No 2& No. of additional pages of Inspection Report -y . 21 INS PECTED BY: Telephone No: Yes ❑ No (Explain) ❑ Not Reviewed Proposed date / 1 Copy of Report sent to operator pl1:�`4 (date) DATE 1,241 TZQ n PZ10197 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME Tarheel Pit 2. MINING PERMIT # 09-11 3. OPERATOR Benson Construction, Inc. Attn: Steven Benson 4. COUNTY Bladen 5. ADDRESS P.O. Box_1250 Lumberton, NC 28359 6. PERMIT EXPIRATION DATE 04-14-2016 7. RIVER BASIN Cape Fear 8. Person(s) contacted at site Steven Benson 9. Was mine operating at time of inspection? ❑ Yes ® No 10. Pictures? ❑ Yes ® No 11. Date last inspected: 10/29/2009 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: 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 N No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: RECEIVED NOV 2 2 2010. 17. Other recommendations and comments: 18. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed 1. Continue to reclaim as mining oroeresses. 19. Follow-up inspection needed? ❑ Yes ® No Proposed date 11/12/2011 120. No, of additional pages of Inspection Report 0 21. Copy of Report sent to operator 11/] 5/2010 INSPECTED BY: Eric Matuszewski DATE 11/12/2009 Telephone No: (910) 433-3300 Copy to f Ie Copy to operator tnrrrgalls North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section (PERMITTED MINE) 1. MINE NAME r c t 2. MINING PERMIT # 3. OPERATOR 4. COUNTY , 5. ADDRESS / �'' • 6. PERMIT EXPIRATION DATE - 7. RIVER BASIN 8. Person(s) contacted at site 9. Was mine operating at time of inspection? ❑ Yes . ❑ No 10. Pictures? ❑ Yes ❑ No 11. Date last inspected: - / I 12. Any mining since last inspection? Z Yes ❑ No 13. Is the mine in compliance'with the Operating Conditions of the Permit? ❑ Yes .El No If no, explain: 1 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ,0 Yes ❑ No If no, explain: — r,- " - 9 a . �-, V�z ir'c,-0l�—C H �l w n 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: 17. Other recommendations and comments:' 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) . CJ Not Reviewed 19. Follow-up inspection needed? .0 Yes ❑ N_ o � _ Proposed date `/ ' / 20. No. of additional pages of Inspection ReportL . 21. Copy of Report sent to operator ,// // I , '� (date) INSPECTED BY: /. ' , -, L ^ ^ # ,.J.r,r !�', /� �'"/' DATE Telephone No: 'J.) 1 N White copy to file Yellow copy to operator pink copy to Mining Specialist JO N7 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME Tarheel Pit 2. MINING PERMIT # 09-11 3. OPERATOR Benson Construction —Inc. Attn: Steven Benson 4. COUNTY Bladen.. 5. ADDRESS P.O. Box 1250 Lumberton NC 28359 6. PERMIT EXPIRATION DATE 04-14-2016 7. RIVER BASIN _ Cape Fear 8. Person(s) contacted at site Steven Benson 9. Was mine operating at time of inspection? ❑ Yes ® No 10. Pictures? ❑ Yes ® No 11. Date last inspected: 1-06-2009 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: 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: 17. Other recommendations and comments: 1. Continue to reclaim as mining progresses. 18. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed 19. Follow-up inspection needed? ❑ Yes ® No Proposed date 10/29/2010 20. No. of additional pages of Inspection Report 0 21. Copy of Report sent to operator 10/30/2009 INSPECTED BY: Eric Matuszewski DATE 10/29/2009 Telephone No: _ (910) 433-3300 Copy 10file Copy 10 operator ' UP North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section (PERMITTED MINE) 1. MINE NAME i, , is < < rn ., 2. MINING PERMIT # o9 - i 3. OPERATOR n, F.-r,.t4. COUNTYI 5. ADDRESS 1? & aS ns"9 6. PERMIT EXPIRATION DATE 7. RIVER BASIN rn �* 8. Person(s) contacted at site r, < 9. Was mine operating at time of inspection? ❑ Yes [ i' No 10. Pictures? 0"'Yes ❑ No 11. Date last inspected: / / 12. Any mining since last inspection? p Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? 1< Yes If no, explain: ❑ No 15. Did any of the above deficiencies result in offsite damage? ❑ Yes CK No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: ev 1A 17. Other/ recommendations and comments: /!�' ��t %rrlwr++Er-�cn v/i._�S. .1� •lr ^'`r i C /].�•f.f �.7/ '--e 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) .R Not Reviewed 19. Follow-up inspection needed? ❑ Yes W' No Proposed date ce, q 20. No. of additional pages of Inspection Report 21. Copy of Report sent to operator /) I `/ 0 eo 7 (date) INSPECTED BY: S`—s-v- DATE 7 Telephone No: (gin ) 61 c. ' White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 BENSON CONSTRUCTION, INC. Highway 711 P.O. Box 1250 LUMBERTON, NORTH CAROLINA 28359 (910) 739-9969 Fax (910) 739-7419 W ats(N CISC) : 1-877-2 36-7662 TO: NCD_ENR - Land Quality Section 512 North SaUsbury Street, 5th Floor Raleigh, NC 27604 �L!EiTiTiE�R-,I$IFJT[i ROOM 160,ilfTiT� DATE: 03/23/06 1 JOB NO. ATTENTION: Kristin Hicklin RE: Tar Heel Pit Mining Permit No. 09-11 Bladen Coun WE ARE SENDING YOU DAttached 0 Under separate cover via the following items: Shop drawings Prints Plans Samples OSpecifications Copy of Letter Change Order n _ NUMBER DATE NO. DESCRIPTION 1 03/23/06 1 NC Mining Permit Bond THESE ARE TRANSMITTED as checked below: []For approval []Approved as submitted Resubmit _copies for approval []For your use Approved as noted Submit _ copies for distribution x❑As requested 0 Returned for corrections []Return [:]corrected prints For review and comment 1 -_ - []FOR BIDS DUE PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO file SIGNED Burt Benson RECEIVEU MAR �p DUALITY SECTION A A mwlw�—Ndn� . NCDENR North Carolina Department of Environment and Natura Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist CERTIFIED MAIL RETURN RECEIPT REQUESTED No. 7003 0500 0002 0451 3949 Mr. B, E. Benson, Jr. Benson Construction, Inc. PO Box 1250 Lumberton, North Carolina 28359 November 15, 2006 RE: Bladenboro Pit, Tar Heel Pit, Barefoot Mine and Cooper Pit Permit Nos. 09-08, 09-11, 24-07 and 78-06 Bladen, Columbus and Robeson Counties Cape Fear and Lumber River Basins Dear Mr. Benson: Resources Michael F. Easley, Governor William G. Ross Jr., Secretary We have received the $17,200.00 surety bond (no. ), the $16,600.00 surety bond (no ), the $3,700.00 surety bond (no ), and the $29,800.00 (no. issued by The Cincinnati Insurance Company for the referenced mining operations. As these new surety bonds sufficiently cover the mining operations the enclosed surety bonds (nos for $17,200.00, $16,600.00, $3,700.00, and $29,800.00 issued by Great American Insurance Company are hereby released by the Department of Environment and Natural Resources for your disposal. Thank you for your cooperation and prompt attention to this matter. If you should have any questions on the above, please contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574. Sinc rely, 162 Floy R. Williams, PG, CPG, CPESC State Mining Specialist Land Quality Section FRWIjw Enclosure: Surety Bond Nos. CC.' Mr. Dan Sams, PE Mr. Doug Jones, PE 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh. North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 1 10% Post Consumer Paper PIPE W, gr od" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UF�_I,NN,y, 0 peL05 CONC. NUMENY\ tiL— =V.--1,3S cwa = '70,46 �649 ZA7.= 34*4401- AS SCALED OFF QUADS . 4p. 4X'C4Vo47XW $4WaU jF COA VZO 4CRE,46F FaWY AV77 SEDYMUT IIIASKS 0.7 014WATRM AREA O-A 91 A �0 'Al �D TOTAL 0 -4 royt,W215 16 4 CRdLL 5 L)G\A DISTURBED AS COMPUTED NO RUNOFF <) 0 (AREA TO BE RECLAIMED AS POND) 019. wooded A- -7 AXLE / z PINES 4, AXLE 2 FWES STUART GOODEN, RS L-805 (m ELIZABETHTOWN, NORTH CAROLINA (910) 645-4311 16' n.MEN-r MONU 05 0 COIV7R Z X X x LEV,!i25' tE== S 05.21'02- E 459.48* CONC. // NT MONUME \J 0 ti 0. 04*09, W Sao. 0. IRON PIPE 01 FENCE A*r BO7TOftf 1p OF SLUFF --lap AEAMINIM; 0 t wry r (RON PtPE AT OLD CYPRESS J.! POINTERS o -eo BEIN or T4 lio ---- C-IRAPHhC SC-4-1'E - F,,,'7FT SWAMP - iR N PIPE Al OLD CYF4km 0 NOT A SURVEY s State of North Carolina Department of Environment, Health and Natural Resources Division of Land Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Charles Gardner, P.G., P.E. Director and State Geologist February 7, 1996 Mr. Burt Benson Benson Construction, Inc. P.O. Box 1250 Lumberton, North Carolina 28359 Re: Tar Heel Pit Bladen County Dear Mr. Benson: AM� E:)EHNR 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. 09-11 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 February 7, 2006. G.S. 74-65 states that the issuance of a mining permit does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations lies with you. As a reminder, your permitted acreage and affected acreage for this site are both 25.86 acres, as indicated in the application and -on the --mine -map- dated December- -1-2-, 1995 . - Please review the permit and notify this office at (919) 733- 4574 of any objection or questions concerning the terms of the permit. Sincerely, Tracy Davis, P.E. State Mining Specialist Land Quality Section TED/jW Enclosure cc: Mr. Joe Glass, P.E. Geological Survey Section Land Quality Section Geodetic Survey Section (919)733-2423 (9 T 9) 733-4574 .(919)733-3836 FAX: (919) 733-0900 FAX: 733-2876 FAX: 733-4407 P.O. Box 27687, Raleigh. North Carolina 27611-7687 Telephone 919-733-3833 FAX 919-733-4407 An Equal Opportunity Affirmative Action Employer 5M recycled/ 10% post -consumer paper DEPARTMENT OF ENV =RONMENT HEALTH AND NATURAL RE SOURC E S D =V = S = ON OF LAND RESOURCE S LAND QUAL 2 T Y S ECT 2 ON P E R M 2 T 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: Benson Construction, Inc. Tar Heel Pit Bladen County - Permit No. 09-11 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 PEMIT EXPIRATION DATE: February 7,_2006 Page 2 of 8 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment, Health 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 February 7, 2006. 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: Page 3 of 8 OPERATING CONDITIONS: 1. 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. 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 Water Quality Section, Division of Environmental Management, 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. 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. Adequate mechanical barriers including but not limited to diversions, earthen dikes, silt check dams, silt 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 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 or into the existing sediment basin. Page 4 of 8 5. All affected area boundaries (25.86 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. 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 of 50 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10.Refuse Disposal �j 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 Solid Waste Management and the Land Quality Section, Department of Environment, Health and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. Page 5 of 8 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 Solid 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. 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. 0-13-The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $16,600.00 surety 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. Page 6 of 8 APPROVED RECLAMAT ON 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 Pro3 decLSy _G.S. 74-53_ 1. 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 acdepted 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, 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. 5. 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. Page 7 of 8 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. 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. 10.A. and B. E. The affected land shall be graded to prevent the collection of noxious or foul water. 13e 3. vegetation Phan: After site preparation, all disturbed land areas shall be revegetated as per the following: Perma gnt 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 lbs/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 lbs/acre and anchored appropriately. Page 8 of 8 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 7th day of February, 1996. Charles H. Gardner, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment, Health and Natural Resources ... "'ip `.-vr-'^r�.-�-�.r�r...•+.+h.,r..r4:.`.:.JY "`.`y"^`�vr.�'r".-S�tr".r rr+ 1` � -. ti..fr.. ...-- - North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section (PERMITTED MINE) 1. MINE NAME JP v 4 l , � 2. MINING PERMIT # 0 e - / - - 3. OPERATOR Eo,, .., (I(IA-rUto,�_ � 4. COUNTYYI'/�./<., 5. ADDRESS PO AS IZ Ln N.- -2G'7"_i 6. PERMIT EXPIRATION DATE -2 -y'-7 - - a U G 7. RIVER BASIN 8. Person(s) contacted at site 41r. f i.-e_4. &st �^,n 9. Was mine operating at time of inspection? ❑ Yes 19 No 10. Pictures? ❑ Yes ® No 11. Date last inspected: I' / / 0 I t r 12. Any mining since last inspection? ® Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? El Yes ❑ No If no, explain: 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 j0 No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 18. Is the Annual Reclamation Report +/-map accurate? ® Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes g No Proposed date / 1 20. No. of additional pages of Inspection Report(A . 21. Copy of Report sent to operator 2 15" 10I /��r (date) INSPECTED BY: l� r 44 evl DATE lot Telephone No: " )_flA-ti-k I White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES FAX TRANSMITTAL COVER SHEET DATE: I a FROM. DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION P.O. BOX 27687 RALEIGH, NORTH (919) 7334574 CAROLINA 27611 FAX NUMBER: 733-2876 TO. COMPANY/DEPARTMENT: PHONE NO.: FAX NO.: COMMENTS. 00 WE ARE TRANSMITTING _ PAGES INCLUDING COVER SHEET. MEMORANDUM TO: File FROM: Susan Edwards SUBJECT: Notice of Issuance of Mining Permit 1z;kV W-W� t�g o, A ApytoTt a ache "Notice o 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: Regional Engineer NOTICE Off' ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining land owner in the application for a mining permit filed by Benson Construction, Inc. to conduct mining activities off SR 1350 in Bladen County. The mining permit (no. 09-11) was issued on February 7, 1996. 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. 150B-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 150E-23. File the original petition and one copy with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, N. C. 27611-7447. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 733-0926. You must serve the Department of Environment, Health and Natural Resources by mailing a copy of the petition to Mr. Richard B. Whisnant, Registered Agent and General Counsel, Post Office Box 27687, Raleigh, North Carolina 27611. f Charles H. Gardn Director Division of Land Resources North Carolina Department of Environment, Health and Natural Resources This notice was mailed on�4-• Susan Edwards Mining Program Secretary v State of North Carolina Department of Environment, Health and Natural Resources Division of Land Resources James B. Hunt, Jr., Governor Jonathan B, Howes, Secretary Charles Gardner, P,G., P.E, Director and State Geologist January 31, 1996 Mr. Burt Benson Benson Construction, Inc. P.O. Box 1250 Lumberton, North Carolina 28359 Re: Tar Heel Pit Bladen County Dear Mr. Benson: Y5WA 4 • C ) FE F 1 Your application for a mining permit for the above referenced mine site has been reviewed. 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 with conditions added if necessary to ensure compliance with The Mining Act of 1971. The reclamation bond has been calculated for this site using the information submitted on the mine map dated December 12, 1995 (see attached worksheet). The bond amount for this site is $16,600.00. 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. In addition to one of these alternatives you may, upon request, substitute a cash deposit. Please review the draft permit and the reclamation bond worksheet and contact this office should you have any objection or question concerning the permit conditions. G.S. 74-51 provides the operator 60 days following the mailing of application approval notice in which to file the required surety. The permit will be issued when 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 local zoning regulations. The responsibility of compliance with any applicable zoning regulations lies with you. Geological Survey Section Land Qualify Section Geodetic Survey Section (919) 733-2423 (919) 733-4574 (919) 733-3836 FAX: (919) 733-0900 FAX; 733-2876 FAX: 733-4407 P.O. Sox 27687, Raleigh; North Carolina 27611-7687 Telephone 919-733-3833 FAX 919-733-4407 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Mr. Benson Page 2 Please contact me at (919) 733-4574 if you should have any questions concerning this matter. Sincerely, Tracy E Davis, P.E. State Mining Specialist Land Quality Section TED/jw Enclosure cc: Mr. Joe Glass, P.E. r6tQ W, MINE RECLAKA TION BOLM CUCULATION WORK HE T 30/1G/9S (based upon 10-year mine/affected area plan) 2 r t No.�139_ Permittee/Applicant: Mine Name• AFFECTED RECLAMATION REC1A=ON CATEGORY ACREAGE COST/ACRE COST Tailings/ Sediment Ponds Ac. X $ / Ac. - $ Stockpile es Ac. X $ / Ac. - $ .Wasteniles Ac. X $ / Ac. _ $ Processing Area/ Haul Roads Ac. X $ / Ac. _ $ Mine Excavation �SAr . X $ � / Ac. _ $ / S Other_ ' Ac. X TOTAL A2FECTED AC.:� Ac. T Tan/ & Permanent c dimenta ion & Erosi Cn Cnntrcl rT-_c rr_c L)iv_de the TOTAL pFFBCT- ,AC. ar'cve _oi la;•+- =c two cate_crieS. a) aciecte^ acres that d-a--. -_. c excav` .on and/or b) aff=ctef acres tat_ . iOr Dosv= dra---acre, me-Si?res W_1.. be -prevent C•L_.._t`e s e d i m� .� a} Internal Drainage r Ac. . b.). Pos_tive-Dra=naae -0 Ac. X $ 1-900_./ Ac. - SUBTOTAL COST: Inflation Factor:- 0.02 X SUBTOTAL COST: X permit life: (1 to 10 years) INFLATION COST: $ .CO TOTAL COST = SUBTOTAL COST f INFLATION COST - $ .QC7 TOTAL RECLAMATION BOND COST: $ & 626D (round down to the nearest $100) I� E PARTMENT OF ENV= RONMENT HEALTH AND NATURAL RE SOURC E S D =V = S= ON O F LAND RESOURCE S LAND QUAL 2 TY S ECT = ON P E R M = T for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971,11 Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Benson Construction, Inc. Tar Heel Pit Bladen 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: * D?, NV I Page 2 of 8 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment, Health 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„ ate This permit shall be effective from the date of its issuance until *. 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: Page 3 of 8 OPERATING CONDITIONS:_ 1. 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. 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 Water Quality Section, Division of Environmental Management, 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. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted are4. 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, silt check dams, silt 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 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 or into the existing sediment -basin. Page 4 of 8 5. All affected area boundaries (25.86 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. 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 of 50 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. Refuse Disposal 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 Solid Waste Management and the Land Quality Section, Department of Environment, Health and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. Page 5 of 8 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 Solid 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. 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. Page 6 of 8 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 1 . 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, 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. Page 7 of 8 2. 3. 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. 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. 10.A. and B. E. The affected land shall be graded to prevent the collection of noxious or foul water. 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 lbs/acre or follow recommendations from a soil test. Fertilizer- 1000 Ibs/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 Ibs/acre and anchored appropriately. Page 8 of 8 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 flan: 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 *, 1996. By: Charles H. Gardner, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment, Health and Natural Resources �.:Ile40 J f of v r- North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary January 22, 1996 ►A ►,•._►R 11 TO: Tracy E. Davis Land Quality Section Division of Land Resources, DEHNR FROM: David Brook 4PAzt;�� Deputy State Historic Preservation 0 fit SUBJECT: Application for Mining Permit Tar Heel Pit, Benson Construction, Inc., Bladen County, ER 96-8091 Division of Archives and History Jeffrey J. Crow, Director RECEIVED DEHNR MR 2 4 f99 LAND 01JALITY 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. Thank you for your cooperation and consideration. If you -have questions concerning the above comments, please contact Ms. Renee Gledhill -Earley, Environmental Review Coordinator, at 919/733-4763. DB:slw 109 East Jones Street • Raleigh, North Carolina 27601-2807 �M �l r d GOA MINE RECLAMUION BOND CALCULATION W RK HB T 10/16/4S (based upon 10-year mine/affected area plan) t No Permittee/Appli cant: Mine Name• AFFECTED RECLAMATION R KMAMATION CATEGORY ACREAGE COST/ACRE COST Tailings/ Sediment Ponds Stockziles_ Wasteuiles Processing Area/ Haul Roads AC. X $ / Ac. Ac. X $ / Ac. AC. X $ / AC. 4 AC. X. $ / Ac. -- $ Mine Excavation Ac. X $dam / Ac . _ $ Other Ac. X $ /��a / Ac. _ $ D,C.Y7 TOTAL AFFECTED AC.:� Ac. Tg=craz7,z & Pgrmgnentntati & Er sicn Control Measure: Divide the TOTAL AFFECTED AC. above -,to the following two categories: a) affected acres that drain irYc prezosed/existing excavation and/or b) affected acres that will be Graded for positive drainage, measures will be needed to prevent cffsite sediment a) Internal DrainageAc. b) Positive Drainage Q_ Ac. X $ 1500 / Ac. - $ SUBTOTAL COST: $ Inflation Factor-.- 0.02 X SUBTOTAL COST: $ / 0 X permit Life: (1 to 10 years) INFLATION COST: $ ,OD TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 6yb TOTAL RECLAMATION BOND COST: $ (round down to the nearest $100) -2- to,is/ss Bond Based Upon: Annual Reclamation Report Form Acreage ,Approved 10-Year Mine/Reclamation Plan Bond Calculated By: Date of Bond Calculation: s - * PLEASE, REMIT THE REQUIRED,, BOND, ON ONE OF THE BOND FORMS APPROVED BY THE DEPARTMENT, AS SOON AS POSSIBLE TO OBTAIN YOUR NEW MINING PERMIT OR TO ENSURE THAT YOUR EXISTING MINING PERMIT REMAINS VALID. IF YOU SHOULD HAVE ANY QUESTIONS ON THE ABOVE, PLEASE CONTACT THE INDIVIDUAL WHO CALCULATED YOUR BOND AT (919) 733-4574. n iu �� � __ �! - .� �� �i ii ;i ui i i ii u i�i i III III P III II II. I. II p. �� .� �� �� �� . _; January 19, 1996 MEMQRANDDM TO: Tony Sample FROM: Joe Glass ?-,//, SUBJECT: Benson Construction, Tar Heel Mine, Bladen County RECEIVED DEHNR � U A4 2 25i9�96 LAND QUALITY SECTION We have completed our review of the above referenced application. This review included a site inspection by Dennis Shackelford and me on January 17, 1996. Listed below are our comments: ? 1. The area to be affected is not clear on the mine map. 2. There is currently an area of approximately one acre that has been disturbed at the site. An attempt to level and seed this area has been made. Water from the existing drains to the northwest discharges into an apparent wetland area. There is a rock dam across the drainage way. This rock dam will not be adequate to control the site on a long term basis. More substantial measures should be provided as well as details and design information. - 4 I There is an apparent potential to impact wetlands at this site. It is recommended that a professional determination of the wetlands be made and located on a map. 4. DEM comments are attached. If there are questions or if further field review is needed, please contact Dennis Shackelford or me. JGljg Enclosure f� - • !SINE SITE REVIEW F� DEM COMM=S Project: ��firsox L�4rt5� _ r42_1�_ cu /_ "i JHJE CountY. T/ _ Due. 1- Water Ouality Issues: 1. Watershed/Stream Name and Classif ication SAIAM P 2. Permits: NPDES Permit Requiredc+t lv NPDES Permit Existing Q Nondischarge Permit Required Nondischarge Permit Existing 3. Wetlands: Wetlands Disturbed 401 Certification Required Air-. '4ualitY Issues s Air Permit Required Air Pesmit'•Ezisting Groundwater Issues: Well Permit Required Well Permit Existing Groundwater Contamination Problem Comments: YES NO - r. h" d"kr,�.;,,. a by COS^ r.r. to b Signed Date _E 4 ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Cmolimr Charles R. Fullwood, Executive MEMORANDUM TO: Susan B. Edwards Mining Program Secretary Land Quality Section 7611, 919- 7 q3Z 3332AVED FROM: Bennett Wynne 60 Habitat Conservation Program DEHNh IAN 2 2 1996 LAND QUALITY SECTION DATE: January 18, 1996 SUBJECT: Mining Permit Application for Benson Construction, Inc., off SR 1350, near Tar Heel, Bladen County, North Carolina. The Wildlife Resources Commission has reviewed the Mining Permit Application for the applicant's Tar Heel Pit. A site visit was made on January 11, 1996. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and the North Carolina Mining Act of 1971 (as amended, 1982; G.S. 74-76 et seq., 15 NCAC 5). The applicant is applying for a new mining permit allowing excavation of 25.86 acres near Goodman Swamp. A significant proportion of the subject property appears to be mature, wooded riparian wetlands providing excellent habitat for raccoon, mink, otter, muskrat, oppossum, wood duck and a variety of songbirds. Wetlands have not been delineated for the project, but the workplat indicates mine excavation will be limited to highground. Highground areas consist primarily of cutover forest and fields. Plans are to reclaim the site to a pond that will not be stocked with fish. We recommend that permit issuance be conditioned upon: 1) site wetlands first being delineated and then avoided by mining activity'arid'(2 maintenance of a 50 ft. wide buffer of natural, vegetation between the delineation line and any excavation. This should,ensure minimization of adverse impacts to area wetlands and surface waters. -Thank,you for the opportunity to comment on this application. If you need to. discuss -these comments or need additiona1 assistance, -please call me at (919) 522-9736. cc: applicant William Wescott, -Coastal Coordinator s:\boatfish\habcon\coast\d4 (benmine4.doc) J5, . State of Northfarolina Department of Environment, Health and Natural Resources Division of Land Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Charles Gardner, P.G., P.E. Director and State Geologist [DEHNR January 2, 1996 MEMORANDUM G-jtA To: Mr. William Wescott Habitat Conservation Program Coordinator L9 Wildlife Resources Commission `'sue. From: Susan B. Edwards/ Mining Program Secretary Land Quality Section Re: Mining Permit Application Request for Benson Construction, Inc. Tarheel Pit Bladen County Please find attached for your review a copy of the mining permit application 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 January 20, 1996 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 in the review of these type requests is greatly appreciated. Please contact Mr. Tony Sample at (919) 733-4574 if you have any questions. f-_1 -6 Attachments cc: Mr. Joe Glass NORTH CAROLINA MINING COMMISSION P.O. Box 27687, Raleigh. North Carolina 27611-7687 Telephone 919-733-4574 FAX 919-733-2876 An Equal Opportunity Affl+nnative Action Employer W% recycled/ 10% post -consumer paper �""yhC.'A11:'f�S�uf����ir+�li�1�'ol`i+'�'"f�"._p, 7*.T.-.n+�.. n,nc,,.,,.�,.,...-v..,�,.,+..,.�a'w-'u`r�,�...��YArrauy'hr+t')+�ic.r^�+�+rc r.-i.^-......- •-�^.h„'+"Y�^S r1s�'-r�yn-�+..K �-. DATE TO ASSIST - D TO SUSAN %Z Z v LOGGED IN 0 q-- / % NIINING CHECKLIST FOR ROUTING A-0� -1;� 4d Company ,p Project Name Permit No. County �O Ji9-�41-1- Date Received Reviewer V" Please make copies of check to include with Central Office and Field Office files and log in checks. * a New ❑ Renewal ❑ Modification ❑ Transfer ❑ Release ❑ Additional Information ❑ Fee Needed DFee Received: Amount Please route to: Field Office DWildlife Resources Commission *l-J Archives and History Other : r� i a►�.�c Date Routed Date Routed Date Routed Date Routed Suspense Date for Comments:_ (Date received +30 days, not on weekend) ❑ Please note the following: *SUSAN: Please make file and return Checklist and file to Reviewer White Copy to Field Office Yellow and Pink Copies to File Goldenrod Copy to Susan State of Northarolina Department o nvironment, Health and Natural Resources Division of Land Resources ,lames B. Hunt, Jr., Govemor Jonathan B. Howes, Secretary Charles Gardner, P.G., P.E. Director and State Geologist January 2, 1996 MEMORANDUM IOWA E3aHNFZ To: Mr..William Wescott Habitat Conservation Program Coordinator Wildlife Resources Commission From: Susan B. Edwards/ Mining Program Secretary Land Quality section Re: Mining Permit Application Request for Benson Construction, Inc. Tarheel Pit Bladen County Please find attached for your review a copy of the mining permit application for the above referenced project. 'r - - Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater -fisheries (G. S. 74-5i' (2)). Please respond by January 20, 1996 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 in the review of these type requests is greatly appreciated. Please contact Mr. Tony Sample at (919) 733-4574 if you have any questions. W_*) Attachments cc: Mr: 'Joe Glass NORTH CAROUNA MINING COMMISSION P.O. Box 27667. Raleigh. North Carolina 27611-7687 Telephone 919-733-4574 FAX 919-733-2876 An Equal Opportunity AMrrnative Action Employer 50% recycled/ 10% post -consumer paper IRMF Fe&�zUSETHISAll FR SHIPMENS l THE CNNENTAI USA NQ ""L-L 5129269832 ® USF FHElk1fEANAFlORNAi AIR wATY81Ll FOR SRfPMOENTTS TR PUERTO kC AlYQ Al4Wf1.S. L0CATlQN& ISUGE Federal Express QUESTIONS? CALL 800-238-5355 TOLL FRET TRAw,...�G NUMBER S 11 2 9 2 6 9 B '9 2 5129269832 ..sesm�rarm�uL rxr rccarcrrua�F 17ate `— �From=You�Na e9 is se�rint ...,_................., ._.-�6.. �O r Phone Number (Very import To (Recipient's Name) Please Print Nualbn (vary In�ghxdl BWAY Henson �_-_._____--- __._.__t9ti1T39-99U _ .�oa?Y.L S�t�1S_.9l_9)..733 45j74__. Company DepartmenVFloorNo. Company L}epartmentlFloor.tVo, Z BENSON CONSTRUCTION CO NC t Of -fit,.- Health .&._Nat.,..:l. I ..-._.._...__..-----.---_--.-.._._.._.__._..._._.__._.__-_._.._..__....,..._........_.._-...._w....___........_..._.__.__, .___-_ .........w...,P_.._.._ _ Street Address Exact Street Address LWa CannMOelirer fd P.O. Bsm or P.O. -4 Codad.J 14H Y Tit WEST - 512 North Salisbzy . St._.._ City Slat© j)pRequirad City State ZJPReguired L14MBERTON NC 2 8 3 5 8 YOUR INTERNAL BILLING REFERENCE INFORMATION (aplional) (Flrsi 24 characters will appear on invoice.) 1 LXi &l Sender 2 ❑ 0J Recrpent'a FedEK Aeci. Nb. 3 ❑ 0 3rd Parry Fed Er AWL No. 4 ❑ l Cmil Card L, Accl. No. Rev. Fill In Ac unt Numher below Fill Ir Amount Number below Irea'd.) Fill in Credit Card No. oa[ow (rep'd h+ ll I Ck AoaACredq Gild NO. Dale .-_/_—_ SERVICES DELIVERYAND SPECIAL HANDLING' P"cx"- i xF M (Check only one box) (Check services required) pkx»'pRsareermlawraVll r AbSarwmY 1�1� 11 ❑ CA 57❑CAPAKGING PAKGN 16 ❑ FEDEX LETTER" 56 ❑ FEDEX LETTER ` 12 nFFDEX PAX - 52 ❑ FEDEX PAK' 13 ❑ FEDEX BOX 53 ❑ FEDEX BOX 14 7 FEDFX TUBE 54 n FEDEX TUBE (Ikr�'vnY dl'MFwrQdwr4 Jry 11 lde+ktkJ,b+WM.'IeN 36 ❑ ECONOMY' 46 ❑ GOER `kr1[ryala lwl yvailaWe 41 ❑ GOV'T Or,a 110ufi4 Et�wnria, r.te. PACKAGI 70 UVERNlGHT RG ❑ TWO-DAY ❑ FREIGHT" FR£1GHT . pp �ICe',P�reid K'rvCM �I 1 ❑ HOl FF . .00ATIONWEEKDAY (Fill In Secllon R3 2 i DELIVER WEEKDAY 31 HOLD AT FEDEX LOCATION SArUROAY Irm m section Rl 3 OEIIVER S TURDAY (lOil (Na iviil le g ❑WURGA Y PICK-UP 1. -910 b-) Mxva � Special Handling 4 ❑DANGEROUSGOODS {eaUaaagal 6 ❑ DRY ICE aeparous Goody Slnppela aeemnl xn 1101 ,woad X _ . ko ON Id ❑ _. 'JESf,NIPT;d."J_ I .-._T.� 12 ❑HOLIDAYDELIVERY proaeredl (Extra dwrgal X X 10 Regular Stop 3❑ Drop (lax 4C3a.9C. '),-Call Stop so Sall h Nc 2x611 IF HOLD AT FEDEX LOCATION, Print FEUEJYAddw Here D Street Address City Srale rRequired Emp. No. Dale Federal Express Use ❑ Cash Received Base Charges ❑ Rl ❑ Y n l L \V 1❑ t �Charge , Declared Value C Charge Stree {+ Other 1 ff City 40trj' ` Zip G Oftr2 i Receive 3y. }�- X Total Charges Da1eMm 1511. —Cx Employee Number — � REVISION DATE 411114 PART a145412 FXEM 3n35 FORMAT stil 160 PRINTED Release U 6 A Signature: _ n BENSON CONSTRUCTION, INC. P. O. BOX 1250, 910-739-9969 LUMBERTON, NC 28359 36676 66-763/531 DEC 2 0 19G5 19 PAYTO THE ORDER OF N.C. Dept. Enviorment, Health & Natural .Resources -00.00 r i i i�nrk tIll"I .,;,I I,.I L, �rnn'I ��r 11 I,. ,' •, DOLLARS �AcHovrA %vachovin Bank of North Carolina, N.A. l.unlhcrinu, \C 28:958 M/Permit , Tarheel Pit FOR AW-- �/ IIEM mm 0 RECEIVED 0 • 1. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MIMING PERMIT (PLEASE PRINT OR TYPE) Name of Mine Tar Heel Pit County 2. Name of Applicant* Benson Construction, Inc. 3. Permanent address for receipt of official mail** Benson Construction, Inc. P. 0. Box 1250; Ilmiberton, NC 28359 Telephone 910-739-9969 4. Mine Office Address (No office at mine) Same address as above. Telephone 910-739-9969 5. Mine Manager Burt Benson Bladen 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. ***Signatur -,. „ Date Print Name Burt Benson Title President 12-15-95 * This will be the name that the mining permit will be issued to and indicated reclamation bond or other&urity 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 grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed md all required maps provided before this application can be considered complete. Attach additional sheets as needed. APPLICATION FOR A MINING PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to your mining operation for the intended tife of the mine. All responses m= be clearly conveyed on a corresponding, _ detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE Answer &U of the following that apply: 1. a. If this is an application for a hM permit, indicate the total acreage at the site to be covered by the permit(this is the acreage that the _"new permit" fee will be based upon): 25.86 Of this acreav, how mach is owned and how much is leased? Acres owned: Acres leased: 25.86 Property owner if leased: b. If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this 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 covered by the existing permit: Mining Permit No. • Total permitted acreage: Does the modification involve acreage within the previously appproved 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 gU of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any ppoortion of this acreage be affected (disturbed, round cover removed) by the miring operation? Yes, No (if no, a "minor modification" ree of $50.00 is required, :despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based u: d. If this is an a lication for of a mining permit, indicate the mining permit number and the total7overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: ■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Indicate the approximate longitude and latitude, in degrees -minutes -seconds, of the center of the mine site: LONGITUDE (dd-mm-ss): 78 -- 48 --5g Quadrangle: -NE/4 slad = 1„5! LATITUDE (dd-mm-ss): 34--4_--�� 3. Name of all materials mined: Sand and Sand/Clay -2. • i APPLICATION FOR A MINING PERMIT 4. Mining method: Hydraulic Dredge Front-end Loader & Truck 1 Dragline & Truck x Self -loading Scraper Other (explain) _ Shovel & Truck 5. a. Expected maximum depth of mine (feet) 20 Reference elevation: 125 b. Expected average depth of mine (feet) 15 6. Has any area(s) at this site been mined in the past? Yes x No If no, proceed to Question 7. a. Acreage of previously affected land(s) at present site that has not been reclaimed: acres (identify all areas on your mine map(s)). b. When and by whom was this activity conducted? C. d. e. fy all -areas on your mine map(s)). and by whom was this activity conducted? unknown Do you wish to exclude any areas noted in 6a or c from this permit application? Yes No x . If yes, now much? acres (identify all areas on your mine map(s)). 7. Present (pre -mining) use of the land (estimate acreage for each): Cropland acres Pasture acres Forestry 25.86acres Fish/Wildlife acres Recreation acres Other acres (Specify use: - t . 1 8. Proposed land use after mining and reclamation has been completed (estimate acreage for each): Cropland acres Pasture acres Forestry Po a Fish/Wildlife acres , Recreation acres Other acres (Specify use: 9. Number of years for which the permit is requested (10 years maximum): 10 B. MAPS 1. Four (4) copies of the county highway maps and four (4) copies of all mine maps and reclamation maps shall be submitted with each permit application. County highway maps may be obtained from: Location Department State Highway Commission Raleigh North Carolina 27602 (919) 733-7600 Clearly label and mark the location of your mining operation on the county highway maps. -3- APPLICATION FOR A M NIING PERMIT 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits 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. f. Outline and acreage of all stockpile areas. gg Outline and acreage of all temporary and/or permanent overburden disposal areas. fi. 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. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100 year flood lain limits and wetland boundaries. o. Names of owners of record, both public and private, of all adjoining land. p. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale b. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales must, at a minimum, meet the following guidelines: PER VII'= ACREAGE MAP SCALE 0-99 Acres - 1 inch = 50 feet 100-499 Acres 1 inch = 100 feet 500+ Acres 1 inch = 200 feet -4- APPLICATION FOR A MINTING PERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY -AFFECTED ACREAGE Tailings/Sediment Ponds Stockpiles Wastepiles Processing Area/Haul Roads Mine Excavation 25.16 Other 0.7 PLEASE SEE PLAN. NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE - SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -S. APPLICATION FOR A M 41NG PERMIT C. PROTECTION OF NATURAL RESOURCES 1. a. Will the operation involve washing the material mined, recxcling process water, or other waste water handling? Yes No x . If yes, briefly describe such processes including any chemicals to be used. b. Will the operation involve discharg' g fresh or waste water from the mine or plant? Yes Now 11 yes, briejIy describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). c. 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 excayation(s)? Yes No x . If yes, what impact, if any, will mine dewaterijeetao�efhefroposed hon neighboring wells? Locate all existing wells on the mine map(s) that lie within 500 excavation area. Provide data to support any conclusions or statements made. Incate whether the proposed mine locale is served by a public water system or private wells. d. If the mine will extend below the water table, what is the pre -mining depth (in feet) to the seasonal high and low ground water tables? High 6 ft. Low 3 ft. What is the source of this information? The source of this information is The Soil Survey of Bladen County, North Carolina, a publication of The National Cooperative Soil Survey. e. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, etc.) from the Division of Environmental Management, Water Quality Section. Not applicable. M APPLICATION FOR A LINING PERMIT 2. 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 Environmental .Management, Air Quality Section, or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? A water'truck shall be'used to control dust. 3. Describe in detail the chronological sequence of land disturbing activities and reference the sequence to the mine map(s). Attach additional sheets as needed. 1. Strip topsoil and place on slopes. 2. Excavate open pit mine to approximate water fable. 3. Reclamate slopes adjacent to pond. Please, see map for excavation sequence. 4. 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. Diversion ditches draining to sediment pond to be installed as erosion control measures prior to land disturbing activities and maintained during mining. No off site run-off frcrn property. _7, APPLICATION FOR A MINING PERMIT 5. a. How wide a buffer will be maintained between any mining activity and any adjoining permit boundary or right-of-way? Buffers must be located within the permit boundaries. Buffers along permit boundaries must be, at a minimum, unexcavated buffers. Show all buffer locations and widths on the mine map(s). A 50' buffer shall be maintained. See map for details. b. How wide a buffer will be maintained between any land disturbing activities within the permit boundaries and any natural watercourses and wetlands? Buffers along natural watercourses and wetlands must be undisturbed. Show all buffer locations and widths on the mine map(s). A 50' buffer shall be maintained. See map for details. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. To prevent landslides or slope instability adjacent to adjoining permit boundaries we shall use 2:1 slopes and stabilize with vegetation. b. 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. To prevent physical hazards a gravel entrance shall be installed, - perimeter fencing installed, a 50' wooded buffer maintained along with stablized 2:1 slopes acid installation of warning signs "Deep Water". -8- APPLICATION FOR A KNING PERMIT c. 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 detaillcross- section and location of each type of barricade to be used must be indicated on the mine map(s). To prevent inadvertent public access a 3 strand barbed wire fence shall be installed around perimeter. A 50' waaded buffer shall also be maintained. d. Provide a cross-section on the mine maps) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gadient, installation of any benches andlor slope drains (with supporting design information) if needed, and the method of final stabilization. Detailed on map. e. In excavations) of unconsolidated (non -rock) materials, spec the including specifications for benching and sloping. Cross -sections fo provided on the mine map(s). Detailed on map. angle of all cut slopes r all cut slopes must be f. In hardrock excavations, specify progosed bench widths and heights is feet. Provide cross - sections of the mine excavation clearnoting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. None 7. Are acid producing minerals or soils present? Yes Now. from the excavation, stockpiles and waste areas be controlled? 0 How will acid water pollution APPLICATION FOR A M04ING PERNUT 8. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaininVal lanting trees, bushes or other vegetation, buildingberms or other measures. Show the location visual screening on the mine map(s) and provide cross -sections through all proposed berms or proposed spacings, sizes and species for tree plantings. Our operation shall be screened from public view by a 50' wooded buffer. Please see map. 9. 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 roperty from flying rocks or excessive air blasts or ground vibrations. Locate the nearest offsite occupied structures) to the proposed excavations) on the mine map and indicate its approximate distance to the proposed excavation. 10. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes No X . If yes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the location(s) of all storage facilities on the mine map(s). 11. Are any processing waste, overburden or other such mine wastes to be disposed of off -site? Yes No_IL_. If yes, describe in detail what these wastes are and how they will be disposed. Attach a separate site maps) showing the location(s) of the disposal area(s). Include all specifications for erosion and sediment control. -10- 0 APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the general methods to be used in reclaiming this land. This infarnwtion must be illustrated on a reclamation map and must correspond directly with the information provided on the nine map(s). Our intended plan for the final reclamation and sebsequent use of all affected lands is for it to be left a pond with grassed slopes. Slopes to be maintained during mining activities. 2. a. 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 bod�(s) of water on the reclamation map and provide a scaled cross -sections) through the proposedbody(s) o water. The minimum average water depth must be at least 4 feet unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes No_Z__. If yes, specify species. Please see map. b. Describe provisions for prevention of noxious, odious or foul water collecting or remaining in mined areas. Provide details and locations of any permanent water outlets on the reclamation map. None -11- • APPLICATION FOR A MINING PERMIT 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Construction details and locations of all permanent barricades must be shown on the reclamation map. Not applicable. 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. To be used in slope areas 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. To be grassed. b. Will any on -site roadways be left as part of the reclamation? Yes X No 1f yes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization. Entrance access road to be left. Please see map. -12- r ti 0 APPLICATION FOR A MINING PERMIT 6. Describe the method of reclamation of settling ponds and/or sediment control basins. Dip out silt and incorporate sediment pond into pond. 7. Describe the method of control of contaminants and disposal of scrap metal, ink machinery, cables, or other such waste products of mining. (Note definition of refuse in The l=g Act of 1971). No .Qff-site-generated waste shall be disposed of on the mine site without pajU written approval from the NC Department of Environment, Health, and Natural Resources, Land Quality Section M& either the Division of Solid Waste Management (DSWM) or local governing body. If a disposal permit has been issued by DSWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refiose 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. Haul to legal waste: disposal facility. 8. Indicate the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. Provide design information, including ty ' al crass -sections, of ary per went channels to be constructed as part of the reclamation plan. Indicate the location(s) of all permanent channels on the reclamation map. None to exist. 9. Provide a schedule of reclamation that indicates the sequence of reclamation and approximate time frame. If reclamation is to be accomplished concurrently with mining, then clearly indicate on the mine map(s) and reclamation map each segment that is to be mined and reclaimed during each year of the permit. Add drawings showing typical cross -sections and final features of the proposed reclamation. Reclamation to be consistent with the amount of lake excavated per year. Excavation based on demand, which can fluctuate greatly. -13- APPLICATION FOR A MINING PERMIT 10. 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 revegetation. Revegetation utilizing only tree plantings is not acceptable. NOTE: The Revegetation Plan must be approved and signed by one of the following: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment, Health, 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, Health, and Natural Resources; f. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): FERTELIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): Please see attached sheet. MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Please see: attached sheet. Signature _ Date Print Name Title Agency -14- APPLICATION FOR A MINING PERMIT REVEGETATION PLAN, A. All disturbed areas shall be shaped for proper drainage and plowed to a depth of 5 inches. The top 2 inches shall be pulverized to provide a uniform seedbed. Lime and fertilizer will be applied with necessary equipment to give uniform distribution of these materials and mixed into the soil 2--5 inches deep. LIME - RATE OF APPLICATION (tons/acre): 2 tons/acre dolomitic limestone FERTILIZER - RATE OF APPLICATION (pounds/acre) AND ANALYSIS: 1,000 lbs./acre 10-10-10 B. Seed Area: SEED -- TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR ROUND SEEDING SCHEDULE (pounds/acre): Sept. -Nov. 5o lb/ac KY-31 Tall Fescue + 8 lb/ac Hulled Bermuda Grass Dec. -Mar. 50 lb/ac Un-Hulled Bermuda Grass + 50 lb/ac Annual Ryegrass Apr. -Aug. 12 lb/ac Hulled Bermuda Grass C. Seeded area shall be cultipacked to firm seedbed and to cover seed. D. Grain straw shall be applied over seeded areas as mulch. 50% of the ground surface shall be visible in a mulched area if proper application is achieved. Thick clumps of straw are not permissible as a uniform coverage is expected. MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: 2 ton/acre small grain straw or equivalent. The mulched area shall be rolled with a crimper, cut in with a disk plow set straight sufficient to hold straw in place. Asphalt tacking may be used. E. Loblolly Pines (435 trees/acre on a 10, x 10, spacing) are recommended where desired. Revegetation and/or reforestation plan approved by: S ignatur Date /0-3 O -- 7S" Print Name Samuel G. Warren Title: District Conservationist Agency: USDA-NRCS 0 • APPLICATION FOR A NI E41 NG PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The followingg bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of f $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be q ected during the We of the mining permit. AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE COST Tailings/Sediment Ponds. Ac, X $ /Ac. = $ Stockpiles Ac. X $ /Ac. = $ Wastepiles Ac. X $ /Ac. = $ Processing Area/Haul Roads Ac. X $ /Ac. = $ Mine Excavation 25.16 Ac. X $ 500. /Ac. • = $ 12, 580. 00 Other '7 Ac. X $ 2,000. /Ac. = $ 1,400.00 TOTAL ACREAGE: 25.86 Ac. SUBTOTAL COST: $ 13198-0.00 Additional Reclamation Cost Factors: a. Inflation: for permit life of I to 5 yyears: SUBTOTAL COST X 0.10 = $ ® for permit life of 6 to 10 years: 3,459.00 SUBTOTAL COST X 0.25 = $ b. Mobilization: SUBTOTAL COST X 0.40 = $ 5, 592.00 c. Administration: SUBTOTAL COST X 0.20 = $ 2,796.00 ` a + b + c = $ 11, 883. + SUBTOTAL COST = $ 25, 863.00 TOTAL MCLMEATI035 BOND COST: = $ 25,800.06 (:round doxn to the nearest $100. oo) -15- • 0 APPLICATION FOR A MINING PERNUT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail to all landowners who are adjoining (contiguous to) the permit boundaries as indicated on the mine map(s). The only exception to the above 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 land ajoining 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, be?ore the application will be considered complete. (�:, THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW lVIINING PERMITS AND FOR PERMIT MODIFICATIONS THAT ADD ADJACENT LAND TO A MINING PERMIT. ■ SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -16- NOTICE Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that =son struction Inc. has applied on 12-15-95 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health, and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one): (a) a = surface mining permit (b) a modificajgn to add adjacent land to an existing surface mining permit The applicant proposes to mine sand & sand/clay - on 25.8G acres located (Mineral, Ore) (Number) 2.9 South of Tar Heel (Miles) (Direction) (Nearest Town) off/near road SR 1313 in Bladen County (Road Number/Name) (Name of County) *SEE ATTACHED MAP FOR PROPOSED PERNIIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all owners of record of land adjoining (contiguous) to the proposed mine site (permit boundaries), and to notify the chief administrative officer of the county or municipality in which the site 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 heldwithin 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 business hours at the above listed address as well as at the appropriate regional office. For further information call (919)_ 733-4574. Please note , that nDe meat will consider any relevant written (Addressee's Name and Address) Dec. 15, 1995 (Date of Issuance of this Notice/Mailed to Addressee) Benson Construction, Inc. (Name of Applicant) P. O. Box 1250; Timbertm, NC 28359 (Address of Applicant) -17- APPLICATION FOR A M04ING PERNUT AFFIDAVIT OF NOTIFICATION I, B . E • • Be `son , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit that adds adjacent land to the Muting Permit, from the N.C.Depart meat of Environment, Health, and Natural Resources, being first duly sworn, . do hereby attest that the follow in are known owners of record, both private and public, of the land adjoining the proposed minim permit boundaries 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) See attached sheet (Attach additional list if necessary) (Address) I do also attest that the following individual is the chief administrative officer of the county or municipality in which the proposed mining site 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) �Mr. A. H. (Lex) Jones, County Manager P. 0. Box 1048• Elizabethtown NC 28337 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 noti the owners or record of the adjoining land and the chief administrative officer of the county or aJulici�ity in compliance with N.C.G.S. 74-50 and 15A N.C.A.C. 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them !ptie Department upon request. 12-15-95 Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) B . E . Benson ; (title of person executing Affidavit) President I,Car.Qlya E. JWhurn , a Notary Public of the County of Robeson , State of North Carolina, do hereby certify that B. E. Benson personally appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my hand and notarial seal, this 15th day of Decenber 19 95 /7 4L, A, Notary My Commission expires: 6-4-96 -18- BENSON CONPRUCTION, INC. P.O. Box 1250 Lumberton, N.C. 28359 Office (910) 739-9969 Wats 1-800-542-5692 Fax (910)739-0167 NAME Margaret M. Davis Mary S. Edge ( Trustee for Van Stout) Edgar J. Fields Robert L. Fields J.E, Fields % Inez T. Fields John F. Fields Brenda S. & Albert L. Inman A. H. Lex Jones Carolina Food Processors, Inc. ADDRESSES 337 N. View Dr., Fayetteville, NC 28303 RRI, Tar Heel, NC 28392 RR 2 Box 129-A, Tar Heel, NC 28392 576 Fields Rd., Tar Heel, NC 28392 576 Fields Rd., Tar Heel, NC 28392 RR 2 Box 129, Tar Heel, NC 28392 850 Fields Rd., Tar Heel, NC 28392 P.O. Box 1048, Elizabethtown, NC 29337 P.Q. Box 447, Smithfield, VA. 23430 0 0 APPLICATION FOR A NUM NG 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: APPLICANT Signature Signature *' Print Name: Jar' Benson Print Name: B . E . Benson Address 4103 Cricklewood Street Title: PresLc �'= - Telephone Lxnberton, NC 28358 910-739-19450 Company: Benson Construction, Inc. Mine Name: Tar Heel Pit *Signature must be the same as the individual who signed Page 1 of this application. the aQRLpriate Rrggg 1 ,g fee (see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment, Health, 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) 733-4574. -19- 0 0 MINING *A nonrefundable permit application processing fee is required when filing for a new mining permit, a major permit modification or a renewal permit as followst ' Clay TYPE ACRZ8** NEW PE MIT MAJOR RENEWAL MODIFICATION 1 but less than 25 $500 $250 $250 25 but less than 50 1000 500 500 50 or more 1500 500 500 Sand & 1 but lees than 5 150 100 100 Gravel, Gemstone, and 5 but less than 25 250 100 100 Borrow Pits 25 but less than 50 500 250 500 50 or more 1000 500 500 Quarry, 1 but less than 10 250 100 100 Industrial Minerals, 10 but less than 25 1000 250 500 Dimension Stone 25 but less than 50 1500 500 500 50 or more 2500 500 500 Peat & 1 or more 2500 500 500 Phosphate Gold (Heap Leach), 1 or more 2500 500 500 Titanium & others *A taarefuadable S50.00 permit application processing fee is required for minor permit modification. Minor permit modifications include ownership transfers, name changes, bond subatitutiona and permit renewals where the mine is inactive and Wy mobilized. 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 mR* modification. • ••Acres for new permits and renewal permits mean 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 existing permitted area, or both. V94 -20- LAND QUALITY SECTION TEKti Francis M. Nevils. Jr., P.E. section Chief 512 N. Salisbury Street P. O. Box 27687 Raleigh, NC Z7611 James D. Simons. P.G., P.E. - Chief Engineer S. Crag Deal, P.E. - State Sedimeal Specialist David H. Ward - Assudant State Sediment Specialist Tracy E. Davis, P.E. - State Mining Specialist Judy Wehner - Acting Assistant State Misting Specialist Tony L_ Sample - Assistant State Mining Specialist James K. Lrumas, P.E. - State Dam Safety Engineer Jack H. Palmer, E.I.T. - Assist. State Dam Safety Eug, William (Toby) Vinson - Sediment Education specialist Rexasma Evans - [sad Secretary Stephanie We - Sediment dt Dams Susan Edwards - Mining LAND QUALITY SECTION REGIONAL OFFICES Courier - 52-01-00 (919) 7334574 FAX / (919) 733-2876 ASE EVOI.E MOORFSVUJL E WIIVMN-SALEM RALEIGH RICHARD PHQ.LM, P.E. JERRY COOK DOUG MQ]-Fit, P.E. JOHN HOLLEY, P.S. Interchange Bldg. 919 North Main Street 8025 N. POW Blvd. 3800 Barren Drive 59 WoodFn Plac>; Mooresville. NC 28115 Suite 100 P. O. Box 27687 Asheville, NC 29MI Win ton -Salem, NC 27106 Raleigh, NC 27611 COURIER - 06-78-16 COURIER - 13-2148 COURIER - 09-2746 OnTROFFICE (704) 251-6209 - (52)) (704) 663-1699 - (54) (910) 996-7007 - (59) (919) 5714700 - (55) FAX 0 (M4) 251-0452 FAX I (M4) 663-6040 FAX I (910) SW7005 FAX 0 (919) 5714719 Avery Buncombe Burke Alexander Lincoln Alamance Alleghaay Ache Chatham ham Durham Edgecombe Caldwell Cherokee Clay Cab*rms Mecklenburg Casweu Davidson Davie Franklin Granville Halifax Graham Haywood Henderson Catawba Rowan Forsyth Guilford Rockingham Johnston lee Nssh Jackson Macon Madison Cleveland Stanly Randolph Stokes Surry Nordhantptoa Orange P=wo McDowell Mitchell Polk Gaston Union Watauga Wilkes Yadkin Vance Wake Rudie ford Swain Transyh—" iteddl Warren Wilson Yancey FAYLTYEVR.LE WELNMNGTON WASHINGTON JOE GLASS. P.E. DAN SAMS, P.E. FL.OYD WW.IAMS, P.G. Wachovia Bldg. 127 Cardinal Drive, Ext. 1424 Carolina Avenue Suite 714 Wilmington, NC 2WS-3945 Washington, NC 27889 Fayetteville. NC 28301 COURIER - 164)4-01 COURIER - 04-06-25 COURIER - 04-16-33 (919) 94b-6491 (56) (910) 486-1541 (53) (910) 395-39M (57) FAX / (919) 975-3716 FAX I (910) 496-0707 FAX 0 (910) 350-2004 Beaufort Benie Camden Chowan Anson Mosdgomery Scotland Brunswick New Hanover Craven Currimck Dare Gates Bisden Moose Carteret Onslow Ckmew Hertford Hyde Jones C undo (and Richmond Columbus Pernder Lenoir Martin Pamlico Pasquotank Harnett Robeson Duplin Perquimans Pitt Tyrrell Hoke Samson Washington Wayne REVISED 7/94 1 1 J $ f C U M B E 11 R L A N D C O ItU N T Y 97 LOCK AND W.M .6 u.+ �^ i }L 91 p Ll7 l LE +\ !.• Iw7 n a L317 T ? ,3rr b .• Slr1'CL,ETARY \ 1 LIKE UAI ;r; BAKERS LAKE t Ta6arxuvry J �3o .r J 70 A5.3 7.Y 1]9tl 4 00.0 .10 1 � •Tn • s n �, 1 e � D E� y. L r 11LL P ig (� l.6 O 177s a1 J70 87 LiFi lighl Light y h.� C No. i7s I Do � !:e22 n ti tr � a 7J Whi1a Oak - r / L L3.lJ !.d_.1 r t rJ1A 131 /A !v � LILT .� Chi as M1 a n •k O ::.' 231 rt10 u 131♦ 1 A EE I ,�� L S571 r •P •` TA1F Hll$ ' 7 POP. I16 L2ii .a r ,v t 1 "Is Rwkn p BEN�7S/ONpo CONSTRUCTION, � �•� � p �d Lih P.O. Pox 1250 (}'iighway / 1 i) H .y Li n 9 •;i. p LUMBERTON, NORTH CAROLINA 28359 (910) 739-9969 Mo • Ito ^YA SM1 1 ,��jOCk It+, R 1Ji Mradow 'off 3i7.t r1R•y\ ,,,,,.� 3eA6' \ y n RS IrVi •�� +y 1319 l31 'I _ 1t14 1101 Y1 �A I.BLADENCOUNTY a7, 1.4 1 ,x NORTH CAROLINA �` q "� ` b `-• ,;� „ PREPARED BY THEjb $a�' xx 12 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ""° a .� ;xI �' -°^ ' DIVISION OF HIGHWAYS- AND RESEARCH BRANCH �1 i7 kr IN COOPERATION WITH THE ,1, y Gajrven LOU y U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION x 1�1< SINGLETARY 10. a POND ? III, n 1 SCALE 1 s LLU 1 I 0 I x 3 SMILES 1776 1. 41 t Mllf lr :_� 1a lo°. i ] I SCALE FOR ENLARGEMENTS ills �'` 1i1s 0 0 311H :RAI im TEL'. ) v a L.�J\\ I uu Feb 05'36 14:58 No.004 P.01 llmllr.-r�� to , "-""•- PL f T North Carolina Department of Environmental Quality Division of Energy, Mineral, and Land Resources MINE INSPECTION REPORT ® PERMITTED MINE SITE ❑ UNPERMITTED MINE SITE 1. MINE NAME: Tar Heel Pit 2. MINE LOCATION: Tar Heel 3. COUNTY: I Bladen 4. RIVER BASIN: I Cape Fear 5. CASE: & OPERATOR: 7. ADDRESS: Benson Construction Company, Inc. PO Box 1250 Lumberton, NC 28359 8. MINING PERMIT #: 09-11 ❑ NIA 9. PERMIT EXPIRATION DATE: ® N/A 10. PERSON(S) CONTACTED AT SITE: None 11. PICTURES? ❑ Yes ® No TAKEN BY: 12. TYPE OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: acres (attach sketch map) 2. How was this area measured? Measured by: ® B. Routine Inspection (Permitted Mine Sites) : RE ❑ C. Follow-up Inspection JUN 15 20 ,19 13. Date of last inspection: 6-1-2017 14 15 Any mining since that date? ® Yes ❑ No If yes, cite evidence of such mining activi : Excavation activities in progress within pit. Was mine operating at time of inspection? E Yes ❑ No If yes, explain: 16. Is the mine in compliance with the Operating Conditions of the Permit? ® Yes ❑ No ❑ NIA If no, explain: 17. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No ❑ NIA If no, explain: Slopes and stockpiles need to be graded and adequate vegetation established. 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? ❑ Yes ® No Explain: 19. Corrective measures needed and/or taken: 20 utner recommendations ana Continue reclamation/establish ground cover. Please note that active North Carolina mine permits no longer have a pre -determined expiration date and require payment of the annual muting permit operating fee ($400/yr) by July 1 each operational year in accordance with current North Carolina Mine regulations (SL2017-209). 21. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed ❑ N/A 22. Follow-up inspection needed? ❑ Yes ® No 23. No. of additional pages of Inspection Report: ❑ INSPECTED BY: I Timothy LaBounty Telephone No: 910-433-3300 Copy to file Copy to operator Proposed date: 24. Copy of Report sent to operator: 6-13-2018 DATE: 6-12-2018 Copy to Mining Specialist ,V North Carolina Department of Environment and Natural Division of Land Resources, Land Quality Section' = . MINE INSFEUHUIN REPUK'I' :._ U 8 1998 (PERMITTED MINE) 1, MINE NAME -- 1 � 2. MINING PERMIT k P 3. OPERATOR E .�� �..: s� _ �, .,��;,, �,.� , ���,c . _4. COUNTY 5. ADDRESS Ec r. 5 f. PERMIT EXPIRATION DATE rt 7. RIVER BASIN 8. Person(s) contacted at site Ii t i 9. Was mine operating at time of inspection? ElYes Cho 10. Pictures? ElYes EL -No 11. Date last inspected: / 12. Any mining since last inspection? ❑ Yes ❑ No, 13. Is the mine in compliance with the Operating Conditions of the Permit? E'es ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? Q"�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: 17. Other recommendations and comments: f 18. Is the Annual Reclamation Report +/-map accurate? CYYes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes &s 'No Proposed date 1 / 20. No. of additional pages of Inspection Report. 21. Copy of Report sent to operator_ (date) , INSPECTED BY: r�L.��,��:� �.� DATE 1� / Telephone No: ('rc,; >f� - ff' White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197