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w Energy. Mineral& Land Resources ENnPONMENTnL OUALM December 1, 2017 F_ Wade Eason Matthew Sand & Gravel, Inc. PO Box 2151 Smithfield, NC 27577 RE: Mining Permit No. 51-50 Matthews Pit #4 Johnston County Dear F. Wade Eason: ROY COOPER Corr.Nor. MICHAEL S. REGAN Sartori) TRACY DAVIS Ixenor This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4, 2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site or for the duration of the lease term. The "life of site" means the period from the initial receipt of a permit for the operation until the mining operation terminates and the required reclamation is completed. Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior expiration date to convert your permit to a life of site or lease permit effective immediately. No action ;required on your part for this modification to be effective. Please attach this letter to your existing mining permit for future reference. The mine name and permit number on the permit document, and all existing operating and reclamation conditions contained therein, shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new, transferred and modified mining permits. In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee of $400 per mining permit number. By statute, the initial payment of this annual $400 fee must be submitted to this office by December 31, 2017 — see the attached Invoice to remit the initial annual fee payment by this deadline. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a $50/month late fee and could result in the denial of future permit actions andlor revocation of your mining permit. Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been raised from $500,000 to $1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations remains with you. Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy Wenner, Assistant State Mining Specialist, or me at (919) 707-9220. Sincerely, ^r..r.�,^ w„�,.M 1• pl= o Pne ........... .....a - W.., . " ...... Interim Director, DEMLR Slate of urth Cambia I EMrolmenlal Quality I Ennpy,Mllxvnla U Lgd Nesou¢es 512 N. Salisbury Street 1 1612 MAI Service CMRr I Nnklih Follh Carolina 27699 102 0197079200 NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaad Governor February 11, 2015 Secretary Mr. Wade Eason Matthew Sand & Gravel, Inc. PO Box 2151 Smithfield, North Carolina 27577 Re: Matthew Pit #4 Johnston County Neuse IMEN Basin Dear Mr. Eason: 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. 51-50 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 &, 2025. 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 N'o� �h Carolina. As a reminder, your permitted acreage at this site is 29.25 acres and the amount of land you are approved to disturb is 24.21 acres. Please review the permit and contact Judy Wenner, Assistant State Mining Specialist, at (919) 707-9220 of any objection or questions concerning the terms of the permit. Sinc'eerrpYelly, CJ� net S. Boyer PE oate Mining Specialist 'L'and Quality Section JSB/jw Enclosures cc: Mr. John Holley, PE Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1512. 919-707-92001 FAX: 919715�8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: hip Uportaimcdenr.omlwebArl An Equal Opportunity 1 Affirmative Action Employer —50% Recyded 110% Post Consumer Paper DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND 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: Matthew Sand & Gravel, Inc. Matthew Pit #4 Johnston County - Permit No. 51-50 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: Februa 11 2025 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 bath nnerntors havP_ rmmnlind with the rPnuirPmPnts of the Mininn Art and that the sulccessor 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 11, 2025. 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. A AJ__... _1_ .____1__._.__1 L_��:___ :.__1_ J:�� L..1 .__11:n_:1__f 1_ - __-_.___ earthen 4 H. huequate rnecnarnca1 garners MUMMY UUL nvi iI IL U w uivt_is U1 ,Cagy L11 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 areas around the mine excavations shall be diverted internal to said excavations or into sediment basins. C. Mining activities shall occur as indicated on the Mine Map last revised December 11, 2014 and the supplemental information received by the Land Quality Section on August 21, 2014, October 6, 2014 and December 15, 2014. 5. All affected area boundaries (24.21.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. A. Sufficient buffer shall be maintained between any excavation and any mining permit boundary to protect adjacent property. B. Buffers shall be maintained as indicated on the Mine Map last revised December 11, 2014. 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 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; Page 5 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. .. - - - approved V � - � - -� -�1- V .. _ _.-. _ for -. mining ... .1 1- - J approved 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 $20,000.00 Irrevocable Standby Letter of Credit, 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 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated m nir. r�nln nhnll k^ of ne ck a- ---!^ as 4— .Y, .-. f},,.., -�1•,:I�f,r _; nI;A-, --A k^ I I IQ 101 IOI IJ JI I Q I I UIU Ql CP t I QI I QI ISV. IG QJ 1V I I III III I IILU 11 I= pos,)IVNIly VI )IIVGJ QI RA VU consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore -the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. 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, Lbs/Acre Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 Common Bermuda 50 Lespedeza (unscarified) 30 German millet 40 Rye (grain- temporary) . 120 Lime - 2000 Ibslacre or follow recommendations from a soil test. Fertilizer - 1000 Ibslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibslacre and anchored appropriately. 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 minina of anv mine seament under permit. Final reclamation, including_ revegetation, shall be completed within two years of completion or termination of mining. Permit issued this 11th day of February, 2015. By: i1• �,��..� Tracy E. Davis, Director Division o, Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application for a mining permit filed by Matthew Sand & Gravel, Inc. to conduct mining activities off SR 1009 in Johnston County. The mining permit (no. 51- 50) was issued on February 11, 2015. 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 1508-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 431-3000. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Mr. Lacy Presnell, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. w TralEy E. Davis �— Director Division of Energy, Mineral, and Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on a . Brenda Harris Mining Program Secretary �" A-7a. ACDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald R, van der Vaart January 21, 2015 Secretary Mr. Wade Eason Matthew Sand & Gravel, Inc. PO Box 2151 Smithfield, North Carolina 27577 Re: Matthew Pit #4 (Draft Permit) Johnston County Neuse River Basin Dear Mr. Eason: 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 on the revised mine map (see enclosed worksheet). The bond amount for this site is $20,000.00. The bond is required before the permit can be issued. For your convenience, I have enclosed a bond form, an assignment of a savings account form and an irrevocable standby letter of credit form. The name on the security form must be the same as the name appearing on the enclosed draIL permit i.e., Matthew Sand & Gravel, 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. Division of Energy, Mineral, and Land Resources Energy Section - Geological Survey Section , Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: htt :1! ortal.ncdenr,or /web/Irt An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Mr. Eason Page Two Please contact Judy Wehner, Assistant State .Mining Specialist, at (919) 707-9220 if you have any questions. §incerely, 11 neet S. Boyer, k State Mining Specialist Land Quality Section JSB/jw Enclosures cc: Mr. John Holley, PE File DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND 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 Permiccinn is hPrah%i nranted tn- J Matthew Sand & Gravel, Inc. Matthew Pit #4 Johnston 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; * 2025 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 r.e mi+ nmvic ir�ne ml Ic+ he morio fnr +I^1p nrn+er+inn of Oho c�irrnwi nrNiinn an►rirnnment anti fnr II IIJ r.J l.rllll 1, r.JIVYIJIVIIJ IIIUA k IJV lIIG{vV IVI � n r%rMVf-finn ri ha .� 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 *, 2025. 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 areas around the mine excavations shall be diverted internal to said excavations or into sediment basins. C. Mining activities shall occur as indicated on the Mine Map last revised December 11, 2014 and the supplemental information received by the Land Quality Section on August 21, 2014, October 6, 2014 and December 15, 2014. 5. All affected area boundaries (24.21 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. A. Sufficient buffer shall be maintained between any excavation and any mining permit boundary to protect adjacent property. B. Buffers shall be maintained as indicated on the Mine Map last revised December 11, 2014. 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 Energy, Mineral and Land Resources considers the following materials to be "mining refuse" (in addition to thrice gnP.6firal1y ligted i,nder 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; Page 5 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 Departmenit by Gekruan! 1 �f oun�h %re4r unQ reclamation !s rmm�hc#Pt'! anti annrnvP.(l. NY Y Y r'� •" - rr 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. 1 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 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, Lbs/Ac_re 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 Ills/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 r nnnn pe^rt r;�+oi UI LUVU Ibs/a re and Q11n11V1G1a IvYIIULw,I 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 * 2015. Tracy E. Davis, Director Division of Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources 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 (bh ed uco a raanng1 e 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 AFFECTED RECLAMATION RECLAMATION CATEGORY ,ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: "�� Ac. X $ rob /Ac. _ $ Hg= Stockpiles: a An. X $ / ft' /Ac. _ $ !Y Wastepiles: .09' Ac. X $ OqOUd"�/Ac. _ $ /006�0 Processing ArealHaul Roads: 5A(o Ac. X. $ $ . T sac Mine Excavation: d..c. X $ Other: Ac. X $ /Ac. — $ TOTAL AFFECTED AC.: a y , 011 Ac. (TOTAL PERMITTED AC.: 019 •Ar 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 �ito,j Ac. b) Positive Drainage s. Ac. X $1,500-00 - $ SUBTOTAL COST: $ d7 0 0 Inflation Factor: c0 0.02 X SUBTOTAL COST: $�,f 7 X Permit Life (1 to 10 years): INFLATION COST:. $ .3 • 7 v TOTAL COST = SUBTOTAL COST + INFLATION COST = $ d71 `o Qi Total Reclamation Bond Cost: $ �1� d�✓7 do (round d0 n to the nearest $100.00) 14- ., - f ! . ��} tt\ 2 . - , � �!Z / A , Z . , : $ !, $j CONSTRUCTION SEQUENCE .,. ... .' W. W,WW', m^^� gym. & a' ft' tL m EEEDSE: PREPARATO> WI W:40 ,WWl Alm °'F�rei'� ninMnwwK �M �w All 11 rpM6wzm0 I OIL" Pe OIL PREPARAT ON SEEDNG SPEOICATO E rIWW,mol n uvu.:w OL EL7 FENCE WITH CUTiEI . ,='-�MUNIAL ia�rvovr° can, e4IN-�x _ --PLI —, u mp WWI IM1'IR41.NA E040!L•0P No,FYI� TEMPORARY CONSTRUCTION ENTRANCE/EXIT RUM AT DITCH rfo i PERMANENT DIVERSIONS —Ter— L\_' IMM1tll. .. Ld TEMPORARY DI ERSIONS NIATIRW SAND a OBA4TL.INC PIT D=WATERING BASIN —w+mAMvmm�— I _ .yry I &i.9X}rvAm R'vwmm K{ STANDARD TEMPORARY SILT FENCE jUATTHBW PIT #4 CONTROL 11 , yaF y - tf u ,i 3 5, 4 t ji 7 i t to s � p2 a q L L I I L III 1� III its Y � P §` � i/flflCC SZIFR x Yp�p{a3Y I8m a 7b�i 5 eEp�Sy A9 � t: °s61 Siii!�:Sx9nx i APPLICANT NAME - MATTNEW SAND & C.R4✓EL INC. J VNE NAME - IMTTNEW Pr? J4 CDUMY - XO VSMN l7 ma, VCWTY W, � � '6➢6�R4 r,<a..,. lm.✓.. m-.�-.... -r.x rw.. w..w• ., e,se .Ilk Ir gll�l, All ff �R , ,AV" ,a» a�ros„ �k so.rm �v...e Mr W, '.:`s'W o15,l`fa'mm "mx`r,,- WA 0 wt v o .n .w wo..,?'OOTewi r+r ur rimrt .w zu. c mm u nacrzMe oxn Tree 9 M u NNw Zvi w�' i wi u x'rvw°"s;wv ewn, MR ON r.: M AZXd *M& P4EWIIr Po'iNYAv, 5C[ ^IC. w N4 W �rrxx rPe r0. roM" roes µMx u n o1 rve wr. LEGEND moo /7 w AW XODGE ENGINEERING mv:N#'reI ow- cvsNAST s rR ..e .,... RE( VEG .,..,..,.... W SAND &GE VEL, WC MATTNEWPITM4 MINE MAE ._... __.. tr ,..,> •-r. ml,l APPLICANT NAME — MAT ZW SANG 4 GRAVEL INC. M1YE NAME — MATTHEN PT #4 COUNTY — JOtiNSON /� �^; a. �^�r•"• NMU Sg a PP �55V� pppp -zn/m, P. cm- te;el •V �1 .� A 7.13... .en VdIt , prlT A 9� /\\\ v 'x •\ \ mxer y tonal gym/. r _ le ..eko'/aen0.m a tmplll .tin i�✓--� a�eim /I�� e yy�;;,, 7 r � Q} ANtpol ww AA HODGS ENGLVEL'V5ERI.1'G aMATTHEW'SAND&GRAVELING Tpygµ p/T qq 1 "sunev j Si Yi` rc/n�i Po wr vtion'd °ie w�i�<ro RECLAIMATIDN MAP m .n ,. r IMP E '% p� 3All 9 �- � ,... �� � u�. � , �r z � _� :: �� $; i �, s -�m «� �� .�f wa� �. �� �8y1 `� i4 9 �� � i^\ }S � L� % ���.iry i � � �� 9 � � ��� � z�ai i Y. � v �.33 is\i #q.. 4�. V X �.�x iS`�j1 y n 1 ti ..jo si , a u, �n �. �-, � { <,�- �� .y O �J � B l (; � �� iii i 3 GI s C �$ '�` i � 7 ! � i � i � i � v\�\�� .J1���� � Si c`l_�� '�� � 3 5��4 �. ¢ i i� t ti� 2 T. t= �,� k � � � � `� APPLICATION FOR A MIN PERMLT E. DETERMINATION OF AFFECTED ACREAGE AND BOND id upon a Ctg The following bond calculation worksheet is to be used to establish an appropriate bon (baa id 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 miningpermil. Please insert the aypraximnle acreage. for each AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: a9 Ac. X $ 5'OIO /Ac. _ $ /Ysw Stockpiles: - A3 Ac. X $ f• � /Ac. _ $ yJy Wastepiles: .06 Ac. X $ oOq000w/Ac. _ $ /000 Processing Areal-laul Roads: a(i Ac. X $ !'9OO6O/Ac. Mine L"xcavation: a 0.36A c. X r,0 $ /Ac. _ $ Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: a Y, Cef Ae. (TOTAL PERMITTED AC.: a 9.as 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/orb) 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 o� 4.01) Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: $ 7 00 Inflation Factor: - �� 0.02 X SUBTOTAL COST: $?LI?17 X Permit Life (1 to 10 yews): INFLATION COST: $ 3 3 4 3 • y%C TOTAL COST = SUBTOTAL COST + INFLATION COST = $ Rol, 0G0 • y o Total Reclamation Bond Cost: $ 3� 00b 1N (round do n to the nearest $100.00) 1 • Wehner, Judy From: Valentine, Thad Sent: Wednesday, January 07, 2015 9.40 AM To: . Wehner, Judy Subject: Mine comments Attachments: Mine Comments 1223.2014.dccx Let me know if you have any questions Mine Comments Corbett Sand 1. Provide a full size map at the required 1"= 50ft scale 2. Show the extent of the perimeter berm and the dimensions 3. Provide accurate depiction of;Buildings and sheds with their relation to the access/haul road 4. Label any and all haul road as such Mathews Pit #4 1. Provide the USACE wetland boundary maps for the site. (John I have contact the Raleigh office of the USACE and asked for some clarification of the wetland areas depicted on the mine map) Howell woods Sand Pit 1. The mine map should be 1"= 100ft not 1"= 200ft 2. The mine map shows inconsistencies such as the sump or pond area for mine dewatering and pump do not appear to exist anymore. The mine area to the Southeast appears to be draining off site at discharge point. 3. The temporary dewatering ditch does not appear to exist anymore 4. The access road along the East side of the property has been excavated 5. The new mining limit does not appear to coincide with the area cleared on site and outline on the new map John, this map appears to be a hand drawn map and does not accurately depict the actual outline of the mine boundaries, nor the excavated and unexcavated areas and erosion control measures on site. These comments should be a good start until I can meet with the operator Andrew W. Hodge, PE A W HODGE ENGINEERING PO Box 1401 723-A S. 3rd St Smithfield, NC 27577 December 17, 2014 Judy Weimer Assistant Mining Specialist Division of Energy, Mineral and Land Resources 1612 Mail Service Center Raleigh, NC 27699-1612 Subject: Matthew Pit #4 Land Entry Agreement Johnston County Dear Mrs. Weimer, Telephone: 919-934-3490 Firm R C-3998 As requested attached is the signed land entry agreement from Mr. Massengill. Please copy my office with any comments or questions regarding this project. If you have any questions or need additional information, please give me a call at 919-934-3490. Sincerel , ndrew W. Hodge, PL RECEIVED DEC 19 2014 LAND OUALITY MINING PROGRAM k • i APPLICATION FOR A MIMNG 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 i bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: PLICANT: c Signature: Signature:' Print Name: n o P 17 / ( Ct 5 SeKf7i / Print Name: Wade Eason (Title, if applicable) Company Title: President (If applicable) Address: j� 1✓ee % � lj//jji'- Company: Matthew Sand & Gravel Inc rQt� d%J NC a95 -00 Mine Name: Matthew Pit #4 Telephone: (919 )Ln66J Telephone: (919) �9r34-9941r/ Date Signed: / _ Date Signed: /� `�/ "Signature must be the same as the individual who signed Page I of this application. sent to form. me lee tsee next page wr tee scneuwe) in roe corm a cnecn irtment of Environment and Natural Resources must be the address listed on the front cover of this application Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919)733-4574. is- tt MINING CHECKLIST FOR ROUTING S NaIN[: C� VkWd' MANAebJ S {? Pm, sd Nm: AAA+}AA. t i-6 / n111k./Pad@No.:_ CRRdf QaloAi Dde ROWL 12%/5- :t0/U UJ, New ❑ RL1KAn) ❑ Mailflcdtan (outtldsDtnnttdbontdota) ❑ Few R&W % AMUMW D Mgfta War Raetn Name: El Mod" (ksucymNjf km&fu) ❑ Tr"fir ❑ iulrW ❑ Fa Nadal $ ❑ Fa RWdWk $ Please rode eNke wPhraras pa&qe to: 1.91f (Aro l , 4yt/ Regtoenl ofla a wR*k aytn; attach the -t(ZS RVmgl *a Mwn0 AY?L& Rtvkv chtddta• I ant CT ad aftaah bA 6m Dwrtad Dui'M" yActim Rt" Fo to Ou dha wyy, end both myW to tkr ROM41 enAlnrer) Dak: Routed—/Drl/Y,) IVRad ❑ DtFUM of wda Rcravas Dak: Raid / + RWd ❑ Ne woo RtsaRe6 Camnddm Data: Rwdd Ra d ❑ US Fish a Wdgi &r fa Dais: Rwtd Re d (only nnr Aphraw and mad fleata regaear thm add land to the JerNt) rk m mute &A 3 saaff of tke oWkadan and my brat m ts: ❑ DMsfan of Parlu a RecMdkn Date: Rakd Rad ❑ NC Umladkal Surat aecum Date: Radd Rerd ❑ DMMn Of Mar61e Ftsherks Dale: RWkd Ra'd ❑ D=M of Soil a Wolff COa Atlas (plus r.Ra) Dots: RWW Rerd (only nnr yyhMUM ad mdtoUUM requtas tke add bud to tke ") ❑ DtvfMn of amltttas a Htstary Dak: Raid Ra•d (only new apDhration0 ❑ ot6n 1 I Dak: Rww Rend • *Sbyensd Date for COMWIttSt (19 I IT (w Wer than zs dapfmm aa�0 l i qo"" , 9, ao/y ❑ PImK Hots fire fom.6(y: A r Andrew W. Hodge, PE A W HODGE ENGINEERING PO Box 1401 723-A S. 3rd St Smithfield, NC 27577 December 11, 2014 Judy Weimer Assistant Mining Specialist Division of Energy, Mineral and Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 Subject: Revised Plans Matthew Pit 44 Johnston County • Telephone: 919-934-3490 Firm N C-3998 REC °VED DEC 1 $ 2014 LAND QUALITY SECTION Dear Mrs. Wehner, As discussed on the phone, enclosed are two copies of the plans with the revisions as follows: 1. Added the mining area to the north 2. Reduced the buffer to 50' adjacent to the Massengill property. 3. Relocated the haul to the Massengill property from the Draper property just before the southern mine. 4. The acreage for the unexcavated buffers remains 1.42 ac. Please copy my office with any comments or questions regarding this project. If you have any questions or need additional information, please give me a call at 919-934-3490. Sincerely, A drew W. Hodge, P.E. •. • Skimmer Basin - #3 IN NORTHERN MINE AREA OKAY 3.4 Disturbed Area (Acres) 5.31 Peak Flow from 10-year Storm (cfs) 6156 Required Volume ft 1726 Required Surface Area if 29.4 Suggested Width It 58.7 Suggested Length It 37 Trial Top Width at Spillway Invert it 74 Trial Top Length at Spillway Invert ft 2 Trial Side Slope Ratio ZA 3 Trial Depth ft (2 to 3.5 feet above grade) 25 Bottom Width ft 62 Bottom Length ft 1550 Bottom Area ft2 6360 Actual Volume ft3 OKAY 2738 Actual Surface Area ftOKAY ®Trial Weir Length It 0.5 Trial Depth of Flow It 6.4 Spillway Capacity aft OKAY Skimmer Size (inches) 0.333 Head on Skimmer (feet) 1.25 Oriioe Size (1/4 inch increments) 2.96 Dewatenng Time (days) Suggest about 3 days 6.as� 3Y2 ,5.a ® ® Page 1 of 1 From: "Shaeffer, David L SAW' <David.L.Shaelter@usace.army.mil> To: <nffaydSQnc.rr.com> Sent: Friday, October 10, 2014 7:19 AM Subject SAW-2014-01059 RE: [EXTERNAL) Matthews Pit 4 Johnston County (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Hi Neil, 1 visited the Matthew's Pit site on Wednesday October 8, 2014 and concur with the wedands/uplands boundaries as originally flagged. Sincerely, / David L. Shaeffer, Geographer U.S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27387 Phone: 919-554.4884 ext. 31 Fax: 919-562-0421 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at hupWresulatory. usacesurvev.com/ ---Original Message -- From: nflovd5(0nc.rr.com [mailto:nfloyd5@nc.a.com] Sent: Thursday, October 09, 2014 8:15 PM To: Sbaeffer, David L SAW Subject: [EXTERNAL] Matthews Pit 4 Johnston County David, Thanks for completing the JD review on Matthews Pit 4 in Johnston County. The surveyor will be forwarding a map to you for your signature on the wetlands to complete the JD. If possible, an email from you verifying your approval of the site would help finalize other agencies paperwork requirements. Sincerely, Neal REC -"VED Classification: UNCLASSIFIED DEC 1 0 1D14 Caveats: NONE MOO LAND QUALITY SECTION 1020/2014 Wehner, Judy From: Andrew Hodge <andrew@AWHODGEENG.COM> Sent: Wednesday, December 17, 2014 2:18 PM To: Wehner, Judy Subject: MATTHEW PIT Attachments: MASSENGILL - LAND ENTRY AGREEMENT - 121714.pdf Hey Judy, Please find attached the requested Land Entry Agreement from Massengill. I'll put the original in the mail. Do you have an address other than the "mail center"7 Thanks! ANDREW HODGE, PE AW HODGE ENGINEERING, PC PO Box 1401 723A S 3rd Street Smithfield, INC 27577 (0) 919-934-3490 (M) 919-369-1938- FIRM # C-3998 APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed reppresentatives 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 maybe reasonably necessary in order to carry out mclamalion which the operator has tinted to complete in the event bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: PLICANT: Signature: Le Signature:' Print Name: ko L e% / I Q 5 Sf ;tq,' Print Name: Wade Eason (Title, if applicable) Company (Ifapplica Address: Q L (✓Pel t� ('l�95-0 Telephone: (9t9) n�_ [&3 Date Signed: Title: Company: Matthew Sand & Gravel Inc Mine Name: Matthew Pit 44 Telephone: (919) 934-9941y Date Signed: /00&) *Signature must be the same as the individual who signed Page 1 of this application. One oritdnal and five (5) conies of the completed application, six (6) conies of all location moo& mine mans and reclamation maps, and the a ro riate processing lift (we next page for fee schedule) in the form a check or money orderpayable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Ounlity Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 7334574. _1R_ NC®ENR North Carolina Department of Environment and Natural Resources Pal McCrory Governor November 20, 2014 Mr. Perry Draper 3029 Allenby, Drive Raleigh, North Carolina 27604 Dear Mr. Draper: John E. Skvarla, III Secretary Thank you for your letter dated October 23, 2014 expressing your concerns regarding the Matthew Sand and Gravel Pit 94 in Johnston County. Your concerns certainly deserve evaluation. Before a decision is made to grant or deny the mining permit, concerns within the jurisdiction of NCGS 74-51 of The Mining Act of 1971 must be addressed. During the application review, site inspections will be made and comments will be solicited from other agencies regarding the potential impacts to wildlife, air and water quality and groundwater. Please note, however, that zoning concerns, such as truck traffic, noise and property values, are not within the jurisdiction of The Mining Act and are more appropriately addressed through the local government. The Mining Act of 1971 may be downloaded by going to http:llportal.ncdenr.org/web/lr/mining. - Again, thank you for your letter. Your comments will be incorporated into our review. If you have any additional questions, please contact me at (919) 707-9220, cI le hdA'Wehner Assistant State Mining Specialist Land Quality Section cc: Mr. John Holley, PE w7copy of Mr. Draper's letter Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Duality Section 1612 Mail Service Center, Raleigh, North Carolina 27699.1612.919.707-92001 FAX: 919-715.8801 512 Norm Salisbury Street, Raleigh, North Carolina 27604 • Internet: htlo9loortal.ncdenr.orn/webflrl An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Past Consumer Paper RECEIVED Nov 13 2014 October 23, 2014 LAND QUALITY SECTION Ms, Judy Wehner KC, die;Ia,Wnent of FI,,vironr,ILnt and Watr�raI Resources Division. of Energy, Mineral and I_a►id Resource-, Mining Prograrn Archdale Building Raleigh, NC Re: Matthew Sand and Gravel, Inc., Application for New Surface Mine Permit dated August 20, 2014 Dear Ms. Wehner: We spoke by phone on October 15, 2014 concerning the new mining application referenced above. As noted on the map attached to the application we own land which adjoins a portion of the property for which the mining permit is requested. Our property includes the pathway which would be used to directly access the property to be mined. This pathway is approximately 500' long and wide enough for a car or pick-up truck to travel one way. The path is situated between a pond and some wetlands. In order to use this pathway for mining a Consent Order was created to allow a 30' easement to be surveyed with the center line being the middle of the current pathway. This means that from the center line of the current pathway there is 15' on either side of center line. All berms, ditches, piles of dirt, traffic, whatever, must not extend further than 15' from the center line of existing pathway. Measuring from centerline 15' on the pond side is either on the bank or in the pond. The pathway is very fragile and may not handle commercial one way traffic within its boundaries. The heavy equipment and trucking used in the mining operation will cause severe damage to this area and a dangerous situation for drivers and also for us as landowners; we still have a right to travel our own path. There will also be pollution of this pond and wetlands and wildlife and fish habitat. The operation is not compatable with hunting and fishing because of the constant beeping and banging of equipment. The pathway extends from Devil's Racetrack (toad over our land and others for approximately two miles to the referenced property. Issues continue to be path caving in at slew pipes which restricts the width of path, littering, which we have to pick up, bathroom use along the path, and haul trucks speeding over the posted 20 mph signs, many times we have met large dump trucks speeding in the middle of the path on curves and narrowly avoided collision, Sincerely, Dana Stewart Draper Perry L. Draper, Jr. SG 73 •P'�/•��1- Nc 27La5' • 0 October 23, 2014 Ms. Judy Wehner N.C. Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources Mining Program Archdale Building Raleigh, NC N' i n "`'' f. 3 104 14 LAND QUALITY SECTION Re: Matthew Sand and Gravel, Inc., Application for New Surface Mine Permit dated August 20, 2014 Dear Ms. Wehner: We spoke by phone on October 15, 2014 concerning the new mining application referenced above. As noted on the map attached to the application we own land which adjoins a portion of the property for which the mining permit is requested. Our property includes the pathway which would be used to directly access the property to be.mined. This pathway is approximately 500' long and wide enough for a car or pick-up truck to travel one way. The path is situated between a pond and some wetlands. In order to use this pathway for mining a Consent Order was created to allow a 30' easement to be surveyed with the center line being the middle of the current pathway. This means that from the center line of the current pathway there is 15' on either side of center line. All berms, ditches, piles of dirt, traffic, whatever, must not extend further than 15' from the center line of existing pathway. Measuring from centerline 15' on the pond side is either on the bank or in the pond. The pathway is very fragile and may not handle commercial one way traffic within its boundaries. The heavy equipment and trucking used in the mining operation will cause severe damage to this area and a dangerous situation for drivers and also for us as landowners, we still have a right to travel our own path. There will also be pollution of this pond and wetlands and wildlife and fish habitat. The operation is not computable with hunting and fishing because of the constant beeping and banging of equipment. The pathway extends from Devil's Racetrack Road over our land and others for approximately two miles to the referenced property. Issues continue to be path caving in at slew pipes which restricts the width of path, littering, which we have to pick up, bathroom use along the path, and haul trucks speeding over the posted 20 mph signs, many times we have met large dump trucks speeding in the middle of the path on curves and narrowly avoided collision, Sincerely, Dana Stewart Draper Perry L. Draper, Jr. 7-3 1- 0// y 0 UNITED STATES POSTAL SERVICE • Fht-Class Mall LI ? G-10 Paid • Sander. Please print your name, address, and ZIP+4 in this box NORTH CAROLINA DEPARTMENT OF ENVIRONMENT S, NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES 1 LAND QUALITY SECTION 1612 MAIL SERVICE CENTER RALEIGH NC 27699-1612 1 1740-7401 1 i i North Carolina Department of Environment-& Natural Resources Division of Land -Resources Land Quality Section 1612 Mail Service Center Raleigh, N.C. 27699-1612 1740-7401 hs RECEIVED? 9EC 0 9 2014 LAND QUALITY MINING PROGRAM 7014 0510 0000 4171 7589 "+ ) UNDELIVERABLE AS ADDRESSED i ❑ ATTEMPTED NOT KNOWN MR WADE EASON C�✓� ❑ INSUFFICIENT ADDRESS ❑ NO MAIL RECEPTACLE MATTHEW SAND & GR_ A EL INC PO BOX 151 ;, -� RETURN u TEMPORARILY AWAY SMITHFIELCN I XT E 2 7 6 SE 1 ❑ NO SUCH NUMBER ❑ REFUSED ` TO SENDER ❑ NO SUCH STREET ❑ VACANT "� n ri T . M lic R _ Ej IN DISPUTE ❑ ILLEGIBLE �J'� UNCLAIMED UNABLE TO FORWARD ❑ BOX CLOSED ❑UNCLAIMED SC: .276Q9,Ej1.299 *2$48-00105-07-29 ❑ MLNA- UNABLETOFORWARD 77600Cdi a> > 111ilII 1II1,'111{a III,IflliIIidiili�t�l�ilill�il,I:II�Ii �� i '....w._ NCDENR North Carolina Department of Environment and Natural Resources rat ivic%rory join E. SItvaria, l Governor Secretary November 4, 2014 Certified Mail Return Receipt Requested 7014 0510 0000 4171 71 7589 Mr. Wade Eason . Matthew Sand & Gravel, Inc. PO Box 151 SmithfiPlrl North Carniina 27577 RE: Matthew Pit # 4 Johnston County Neuse River Basin Dear Mr. Eason: We have reviewed the application and additional information your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: As previously notea, a field inspection by personnel from the Raleigh Regional Office has revealed that the portion of the access road that runs through the Drapers property will need to be upgraded. In addition, this office has received concerns from the adjoining land owner regarding upgrades to the roadway. Greater detail is needed regarding upgrades to the road. Provide a roadway . profile that includes cross sections through the Draper property including side slopes, ditch lines and room for silt fence installation. Provide more details on the upgrades. 2. Provide proof that the wetland delineation has been approved by the US Army . Corps of Engineers. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as.the mining application review progresses. Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-707-9200 I FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http:Nportal.ncdenr,org/web/I An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper n 0 Certified Mail Mr. Eason Page Two In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Energy, M.ineral and Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by i 5A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. 1 houtg. h the �.lreceding. staMI IIGI It tALUZ) LI IG IIIaxIIIIUI 11 IIIIIG III IIII IVI YUUr IespollJeVVe 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. �ncerely, J dith A. Wehner Assistant State Mining Specialist Land Quality Section M. Mr. John Halley, PE 0 Mr. Andrew Hodge, PE, via e-mail 0 • w s MCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor November 4, 2014 Certified Mail Return Receipt Requested 7014 0510 0000 4171 7589 Mr. Wade Eason Matthew Sand & Gravel, Inc. PO Box 151 Smithfield, North Carolina 27577 RE: Matthew Pit # 4 Johnstoh'County Neuse River Basin Dear Mr. Eason: John E. Skvarla, III Secretary We have reviewed the application and additional information your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: As previously noted, a field inspection by personnel from the Raleigh Regional Office has revealed that the portion of the access road that runs through the Drapers property will need to be upgraded. In addition, this office has received concerns from the adjoining land owner regarding upgrades to the roadway. Greater detail is needed regarding upgrades to the road. Provide a roadway profile that includes cross sections through the Draper property including side slopes, ditch lines and room for silt fence installation. Provide more details on the upgrades. 2. Provide proof that the wetland delineation has been approved by the US Army Corps of Engineers. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as.the mining application review progresses. Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section 1612 Mail service Center, Raleigh, North Carolina 27699-1612.919-707.92001 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: hlto:/loortal.ncdenr.crolweblld An Equal Opportunity 1 Affirmative Action Employer-50% Recycled l i D% Post Consumer Paper Certified Mail Mr. Eason Page Two In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Energy, Mineral and Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 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 can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. ncerely,W//+I�tn/� J dith A. ehner Assistant State Mining Specialist Land Quality Section cc: Mr. John Holley, PE Mr. Andrew Hodge, PE, via e-mail Wehner, Judy From: Andrew Hodge <andrew@AWHODGEENG.COM> Sent: Friday, November 07, 20141:34 PM To: Weimer, Judy Subject: MATTHEW PIT Attachments: MATTHEWS PIT4 - PRELIMINARY EMAIL FROM CORP. - 101014.pdf Hey Judy, Attached is a copy of the email we received from the Corp concerning the wetlands Flags in the Feld. Thanksl ANDREW HODGE, PE AW HODGE ENGINEERING, PC PO Box 1401 723A S 3m Street Smithfield, INC 27577 (0) 919-934-3490 (M) 919-369-1936 FIRM # C-3996 ® 91 Page 1 of I From: "Shaeffer, David L SAW'<David.LShaeffer@usace.army.mil> To: <nl1oyd5@nc.n.com> Sent: Friday, October 10, 2014 7:19 AM Subject: SAW-2014-01059 RE: (EXTERNAL) Matthew's Pft4 Johnston County (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE. - Hi Neil. Sounds good I visited the Matthews Pit site on Wednesday October 8, 2014 and concur with the wetlands/uplands I boundaries as originally flagged. J / Sincerely, / David L. Shaeffer, Geographer U.S. Army Corps of Engineers Raleigh Regulatory Field Ofce 3331 Heritage Trade Drive, Suite 105 Wake Forest. North Carolina 27587 Phone: 919-554-4884 ext. 31 Fax: 919-562-0421 The Wilmington District is committed to providing the highest level or support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Sut'vey located at httn://r LulatoIN usocesurvev.eom/ -----Original Message ----- From: aflLiyd5na i c man [mailto:nfloyd5@nc.m.com] Sent: Thursday, October 09, 2014 8:15 PM To: Shaeffer, David L SAW Subject: [EXTERNAL] Matthew's Pit 4 Johnston County David, 'fhunks for completing the JD review on Matthew's Pit 4 in Johnston County. The surveyor will be forwarding a map to you for your signature on the wetlands to complete the .1D. 1f possible, an email from you verifying your approval of the site would help finalize other agencies paperwork requirements Sincerely, Neal Classification: UNCLASSIFIED Caveats: NONE MDO 10/20/2014 Wehner, Judy From: Weimer, Judy Sent: Wednesday, October 22, 2014 3:04 PM To: 'andrew@AWHODGEENG.COM' Cc: Valentine, Thad; Holley, John Subject: RE: MATTHEW PIT This should be fine. Did get a call from the landowner the last of the access road goes through. He is not too happy about the roadway through his peoperty and stated there was only a 30 foot right-of-way. Someone may need to talk to him if the roadway must be upgraded. From: Andrew Hodge [mailto:andrew(d)AWHODGEENG.COMI Sent: Wednesday, October 22, 2014 2:20 PM To: Wehner, Judy Subject: MA17HEW PIT 4 Hey Judy, Hope you're doing well. Attached is an email from the Corp of Engineers stating that they are in agreement with the wetland line. We are in the process of getting a wetland map signed, I was hoping that this email may satisfy things temporarily. Thanks' ANDREW HODGE, PE AW HODGE ENGINEERING, PC PO Box 1401 723A S 3rd Street Smithfield, INC 27577 (0)919-934-3490 (M) 919-369-1938 FIRM # C-3998 o ® Page 1 of I From: "Shaeffer, David L SAW' <David.LShaeffer@usace.army.mil> To: <nfloyd5@nc.rr.com> Sent: Friday, October 10, 2014 7:19 AM Subject: SAW-2014-01059 RE: [EXTERNAL] Matthew's Pit 4 Johnston County (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Fli Neil, Sounds good. I visited the Matthew's Pit site on Wednesday October 8, 2014 and concur with the wetlands/uplands boundaries as originally flagged. Sincerely. / David L. Shaeffer, Geographer U.S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: 919-554-4884 ext. 31 Fax: 919562-0421 i ire w"VIi rtiugton DISUIVt ie carzntr fteu to pruvtwng ore hignest level of support to titc pool ic. To help us ensure we continue to do so, please complete the Customer Satisfaction Stwey located at him 1/reeulmorv.usacesurvov. Wnt/ -----Original Message. ---- From: nflovd5falnc.rr.cotn [mailto:nfloyd5@nc.rr.com] Sent: Thursday, October 09, 2014 8:15 PM To: Shaeffer, David L SAW Subject: [EXTERNAL] Matthews Pit 4 Johnston County David, Thanks for completing the JD review on Matthew's Pit 4 in Johnston County. The survcyor will be forwarding a map to you for your signature on the wetlands to complete the JD. l f possible, sin email from you verifying your approval of the site would help finalize other agencies paperwork requirements. Sincerely, Neal Classification: UNCLASSIFIED Caveats: NONE MOO 1020/2014 MINTING CHECKLIST FOR ROUTIN9G Ayybead'SNaaa M,44t!/5, Project Name; Ayylf[.fPDmft No.: �l' I,WY�Nt)Y1. Da4RWtFfk: )a l Rim II3M Name: 4,, X) um ❑ Rm 41 ❑ MAAIJteaflon (butde yermft bandaifs) ❑ Modtltutta (outode yc mu ktmtdades) ❑ Troor ❑ RC69 ❑ Paftal Rdeae '[ lIAddL Md II MattM ❑ F/t NO dfd: $ ❑ Fee R[C[N& $ Pkafe made [Mire qpkfum PAW to. IV (,rty Rg bW Cfer (z COVL* eophq attuh t6 IULS RrV#hd oU M "tog AY* 0" Renee" Cheddld' to one CT Ad attuh lA t6 DW(LMd DACLII Ayp6ratlm R fmI to that dfha ropy; #"d NA Wyn to the Repa Ew�vn) DAff: Raffd /0 (//V Reed ❑ DMAMO Watw Rebarefr Date: RaWI Rind ❑ NC WIL1 Rmw comduton Date: Rated Red El us Fisk a wtwh soma Date: RmW Reed ; (ody "eR A)Th hM ad mod fken qus. that as W to tk )n"u0 p6m mm& fteSf 3 pager of the Adphuttm and afy loutta" maps to: ❑ DM9Vft 4Parks a Rartattan Date: Rmfed Reed ❑ NC GmLrg[rd SUNNY SeNan Date: Rated Reed Dtvum of Madw Ffsh[rla Date: Rai[A .. Ra'd ❑ Dt VWM 7 Sod a Water Ca Altar (yds LEA) Date: Ratrd Reed (ody uR apphrabmrs and mod[ rat rrga"ar that add End to thepdmdf) ❑ Dt"tMan of AIr'IUFe" a HUW7 Date: Ratal R Wd (only ux appllnArans) ❑ other. Data Rated Reed • •SWyena Date for Co=ents: )O 3 (J /4 (w Later t1 m as days from mcgo l Oaloler 3ltadl�{ ❑ Pl Am Note t6fil"! � Mtn ktPrUiCcrJ Andrew W. Hodge, PE A W HODGE ENGINEERING PO Box 1401 723-A S. 3rd St Smithfield, NC 27577 October 2, 2014 Judy Wehner Assistant Mining Specialist Division of Energy, Mineral and Land Resources Department of Environment and Natural Resources 1 L i l] % If:1 0......:.... h,.-.a.... I V I L iviall .3e V ice Cente Raleigh, NC 27699-1612 Subject: Revised Plans 1 l iviattn..1 ew t-n. T•. 11 # A 4 Johnston County Telephone: 919-93 4-3490 Firm # C-3998 RECEIVED DUT 0 6 2014 MINI ND QUALITY - ` `�UGRAM Dear Mrs. Wehner, As per you letter dated September 19, 2014,1 have addressed your comments as follows: 1. Other known previous mines have been identified on the overall map. 2. Enclosed is the "consent order" that the land owners signed which gives Bobby Lee a legal 30' access to his property. 3. This section of the haul road will be improved. Silt fence is shown as a temporary measure during construction, while earthen berms along the road will be installed with check dams in the low breaks. See note 3 and the detail on sheet 1. 4. Additional diversion ditches have been shown on the plans to ensure drainage into the basins. Skimmer basin details have been added to the detail sheet. Skimmers basin worksheet taken from the NCDENR website is enclosed. 5. The construction entrance is now sho sheet and labeled 6. The acreage for the unexcavated buffer is 1.42 ac. 7. The Corp of Engineers is scheduled to be 114. As soon as they approve the wetland flags. The surveyor will provide the Corp with a map for signature and 1 will forward you with a copy of the signed map. Enclosed is a copy of the cover letter and a copy of the review fee check as proof that the NCG02 stormwater permit has been applied for. Please copy my office with any comments or questions regarding this project. 1f you have any questions or need additional information, please give me a call at 919-934-3490. Sincer ly, Andrew W. Hodge, F.E. STATE OF NORTH CAROLINA COUNTY OF JOHNSTON I BOBBY LEE and ANNIE LOUISE ) OVERBY, ) Plaintiffs, ) V. ) ROBERT & WELLONS, INC., CLINTON ) J. SANDERS, ELMER WAYNE ) STEWART, JULIAIWOMMACK ) STEWART, DANA STEWART DRAPER, ) PERRY LEE DRAPER, KEENER ) LUMBER COMPANY,INC., LARRY E. ) PARKER, MARGARET PARKER, ) ROBERT RANSOM MASSENGILL, JR., ) ELAINE LEE MASSENGILI , ) MARGARET MASSENGILL BATTEN, ) DAVID REID BATTEN AND MATTHEW ) SAND AND GRAVEL, INC., ) Defendants. ) 0: IN THE GENERAL COURT OF JUSTICE / SUPERIOR COURT DIVISION FILE NO.:10 CVS 465 CONSENT ORDER q /�j FILED DrtI UJ11J1TIM 1 '�lA�- WILL R. CROCKER JOHN COUNTYCS.C. 6Y DEP ' Y THIS MATTER coming on to be heard before the undersigned Honorable Superior Court Judge during the August 15, 2011 term of Johnston County Civil Superior Court, with the Plaintiffs being represented by N. Leo Daughtry, Annette C. Chancy, and William Joel Starling, Jr.; the Defendants Dana Stewart Draper and Pent' Lee Draper being represented by Andrew Holland; the Defendants Robert Ransom Massengill, Jr., Elaine Lee Massengill, Margaret Massengill Batten, and David Reid Batten being represented by Jason Wenzel; the Defendant Matthew Sand and Gravel, Inc. being represented by Bradley Schulz; and the Defendant Elmer Wayne Stewart acting Pro Se; all other parties were properly noticed but failed to appear. The parties herein having reached an agreement to settle the claims of the Plaintiffs and signed by the parties, their attorneys, and the Honorable Franklin Lanier, the terms of which are set out below: FINDINGS OF FACT: I 1. Plaintiff Bobby Lee is a citizen and resident of Johnston County, North Carolina 2. PlaintiffAnnie Louise Lee Overby is a citizen and resident of Johnston County, North Carolina. ! 3. Defendant Clinton J. Sanders is a citizen and resident of Johnston County, North Carolina. 01- 4. Defendant Elmer Wayne Stewart is a citizen and resident of Johnston County, North Carolina. 5. Defendant Dana Stewart Draper is a citizen and resident of Wake County, North Carolina. i 6. Defendant Perry Lee Draper is a citizen and resident of Wake County, North Carolina. 7. Defendant Julia Carol Wommack Stewart is a citizen and resident of Johnston County, North Carolina. S. Defendant Keener Lumber Company, Inc. is a North Carolina corporation with its principal office located in Johnston County, North Carolina. 9. Defendant Larry E. Parker is a citizen and resident of Wake County, North Carolina. 10. Defendant Margaret Parker is a citizen and resident of Wake County, North Carolina. i 11. Defendant Robert Ransom MassengiiIl, Jr. is a citizen and resident of Johnston County, North Carolina. 12. Defendant Elaine Lee Massenel is a citizen and resident or Johnston County, North Carolina. i 13. Defendant Margaret Massengill Batten is a citizen and resident of Johnston County, North Carolina. 14. Defendant David Reid Batten is a citizen and resident of Johnston County, North Carolina. , 15. Defendant Matthew Sand and Gravel, Inc. is a North Carolina corporation with its principal place of business in Johnston County, North Carolina. 16. Plaintiffs brought this action pursuant to North Carolina General Statutes § 1-253, et seq., seeking a Declaratory Judgment determining that they have an easement over the Defendants' 'property under theories of easement implied by necessity, easement implied by prior use,�easement by estoppel, and easement by prescription. 17. Plaintiffs Bobby Lee and Annie Louise Lee Overby are the fee owners and are in possession of that certain tract of land lying and being in the Ingrams Township, Johnston County, North Carolina, and more particularly described as follows: 2 Beginnin at a hickory rock corner with Stanley and rune an old chopped line S. 6 deg. 4O min Weatii.4o chains to a stake an old corner thence S: 14 deg 45 min West 17 chains to a stake and pointer at the edge of the Otter hole Slough; being the corner between Lots No 4 and 5 Hof the old Sanders division, thence as the line of said lots N. 71 degrees, Meet 4.38 chaina's to a twin maple, a new corner, thence a now line N. B degrees East 8.12 chains to a `stake at the edge of a field; thence another new line N. 7 deg-30 min West 17.64 chains to a stake and pointers in the north line of lot No. 5 of the old sanders division, now W B Wellons, thence as that line N.-73 deg. 30 min East 12 chains to a stake, a corner cf'saMd Lot No. 5 and 7, thence N. 6 deg. 40 min East 22.32 chains to a stake, thence N. 81degrees East 2.30 chains to a stake, thence along an old chopped line S. 97 degrees Eaat 23.09 chains to a stake and pointers, thence S. 17 degrees East 15.83 chains to a stake and p'aintara, a corner with Stanley, thence as their line and with an o]d ditch S. 59;deg.130 min West 17.55 otains, S. 64 deg_ 45 min West 13.65 chains and 8. 74 deg. 30 min�Weat 4.01 chains to the beginning, and contains eighty nine and one half acres more or lees. I 18. Plaintiffs are seeking an easement along a path known as "Plantation Path" which crosses upon the property of Defendants Clinton J. Sanders, Elmer Wayne Stewart, Julia Carol Wommack Stewart, Dana Stewart Draper, Perry Lee Draper, Keener Lumber Company, Inc., Larry El Parker, Margaret Parker, Robert Ransom Massengill, Jr., Elaine Lee Massengill, Margaret Massengill Batten, David Reid Batten, and over the recorded easement of Matthew Sand and Gravel, Inc. 19.On January 23, 2004, Erwin Stewart, Dana Stewart Draper and husband Perry Draper, Keener Lumber Company, Inc., and Larry E. Parker and wife Susan W. Parker granted to Matthew Sand and Gravel, Inc., Robert Ransom Massengill, Jr., Elaine Lee Massengill, Margaret Massengill Batten, and David Reid Batten deeds of easement over parts of Plantation Path; such deeds of easement recorded in Book 2623, page 363, and Book 2623, page 370, both of the Johnston County Registry, such deeds of easement incorporated1herein by reference (herein, "Recorded Easements"). 20. Defendant Mathew Sand Gravel has maintained the easement to date, pursuant to the terms of the kecorded Easements, and said obligation is presently scheduled to end on or before January 20, 2014.. i BASED ON THE FOREGOING FACTS AND UPON THE CONSENT OF THE PARTIES, THE FOLLOWING ARE CONCLUSIONS OF LAW: 1. Plaintiffs and Defendants are properly before the court and the court has jurisdiction over the parties h i reto; and subject matter herein. BASED ON THE FINDINGS OF FACT, CONCLUSIONS OF LAW, AND UPON THE CONSENT OF THE PARTIES, IT IS HERERBY ORDERED, AJUDGED, and DECREED as follow: 1. Plaintiffs are granted a perpetual thirty (30) foot easement that runs with the land for agricultural, 'residential, and recreational purposes only over the property of Defendants Dana Stewart Draper, Perry Lee Draper, Robert Ransom Massengill, Jr., Elaine Lee Massengill, Margaret Massengill Batten, and David Reid Batten. i 2. As to all other named Defendants other than as addressed in paragraph 1 above, with the exception ofiDefendant Matthew Sand and Gravel, Inc., it is hereby ordered and decreed 3 that the Plaintiffs are granted a thirty (30) foot easement that nuns with the land over the Property of said Defendants, which is located along the current path being used by the Defendants. � 3. Defendants Robert Ransom Massengill, Jr., Elaine Lee Massengill, Margaret Massengill Batten, and David Reid Batten are granted a perpetual thirty (30) foot easement for aarir„ tt„ral residential- and recreational purposes only (to begin after the expiration of the Recorded Easements) over the property of Defendants Dana Stewart Draper, Perry Lee Draper, and all the other named Defendants, with the exception of Defendant Matthew Sand and Gravel, Inc., to access their properties located in Ingrams Township, ,rOarol.."auaa tou.d f''^_r1e.r lJohns.on Co,,Ly, tilgR arftrark Road. 4. Defendants Dana Stewart Draper and Perry Lee Draper are granted a perpetual thirty (30) foot easement for agricultural, residential, and recreational purposes only over the property of Defendants Robert Ransom Massengill, Jr., Elaine Lee Massengill, Margaret Massengill Batten, and David Reid Batten and all the other named Defendants, with the exception of Defendant Matthew Sand and Gravel, Inc., to access their properties located in ingrains Township, Johnston County, North Carolina to and from Devils Racetrack Road. 5. Defendants Dana Stewart Draper and Perry Lee Draper agree to lease the portion of their property over which the existing easement runs to the Plaintiffs on a year-to-year basis for a period of up to ten (10) years, with an option to renew for up to ten (10) additional years, with payment in the amount of four thousand dollars ($4,000) per year to begin at such time asithe Plaintiffs obtain a permit to mine their property— whether or not active mining is taking place — with such payments to continue during the term of the lease set forth above provided that the Plaintiffs have a valid mining permit at the time; furthermore, any expiration or suspension of the Plaintiffs' mining permit during one of the ten (10) year periods will not extinguish the Plaintiffs' right to renew at a later time during the ten (10) year period.. 3 6. Defendants Robert Ransom Massengill, Jr., Elaine Lee Massengill, Margaret Massengill Batten, and David Reid Batten agree to lease the portion of their property over which the existing easement nms to the Plaintiffs on a year-to-year basis for a period of up to ten (10) years, with an option to renew for up to ten (10) additional years, with payment in the amount of two thousand dollars ($2,000) per year to begin at such time as the Plaintiffs obtain a permit to mine their property -- whether or not active mining is taking place — withi such payments to continue during the term of the lease set forth above provided that the Plaintiffs have a valid mining permit at the time; furthermore, any expiration or suspension of the Plaintiffs' mining permit during one of the ten (10) year periods will °not extinguish the Plaintiffs' right to renew at a later time during the ten (10) year period. 1 7. Plaintiffs agree to build no more than two (2) residential structures on their property in the future. 4 8. Defendants Dana Stewart Draper, Perry Draper, their heirs and assigns retain the right to negotiate with any mining company and any other entity or person attempting to use their road or path! to establish reasonable rules and regulations for safety, liability and other reasonable restrictions. 9. Provided that the; Plaintiffs begin mining their property prior to the expiration of Defendant Matthew Sand and Gravel; Inc.'s current agreement in 2014, as set forth in the Recorded Easements; Plaintiffs and Defendant Matthew Sand and Gravel, Inc. agree to share in the cost of maintaining the portion of the easement that both Matthew Sand and Gravel, Inc. and the plaintiffs use as follows: a. Plaintiffs;and Defendant Matthew Sand and Gravel, lnc. will be responsible for grading the road on an alternating month -to -month basis. Plaintiffs shall advise Matthew Sand and Gravel, Inc. one week before mining is to take place by plaintiffs; and a written scheduletcalendar shall be prepared by plaintiffs for the scheduled grading, and provided to Matthew Sand and Gravel, Inc., through its President; F. Wade Eason. b. The Plaintiffs and Matthew Sand and Gravel, Inc. agree to grade the road at least two (2) times per week during the months in which they are responsible for maintaining the road. c. The plaintiffs and Matthew Sand and Gravel, Inc. shall share in the cost of extraordinary repairs, such as storm drain replacement, irrespective of which party is responsible for maintaining the path at the time the need for the repairs arise. d. Matthew Sand and Gravel, Inc.'s obligation for maintenance is presently scheduled to end on or about January 20, 2014, per the Recorded Easements. 10. Plaintiffs agree to notify promptly Defendant Matthew Sand and Gravel, Inc. as to the identity of any mining company that Plaintiffs may contract with in the future, so as to insure communication between the mining companies, for purposes of the maintenance of the road, and for the safety of all landowners. 11. Upon the expiration of the Recorded Easements, or upon such time as Defendant Matthew Sand and Gravel, Inc. no longer is actively mining sand from the properties of Robert Ransom Massengill, Jr., Elaine Lee Massengill, Margaret Massengill Batten, and David Reid Batten, whichever is first to occur, Plaintiffs shall assume sole responsibility for the maintenance of the road for any commercial purposes they undertake on their land that requires the use of the easement. 12. Plaintiffs shall have said thirty foot (30') easement surveyed with the center line being .the middle of the current pathway. At the present time, on the property of the Robert Ransom Massengill, Jr., Elaine Lee Massengill, Margaret Massengill Batten, and David Reid Batten; Matthew Sand and Gravel, Inc. has set up its scales and office in a large open area as can be seen on the maps supplied by the parties. In this area, the easement shall be located in a fashion so as to allow passage around the scales and office, so as to provide a safe method of passage for trucks contracting with Matthew Sand and Gravel, Inc., and those in the future that may contract with the plaintiffs in their sand operation. 13. This Order is binding upon all the parties and their heirs, successors, and assigns. 14. A copy of thiI s Consent Order shall be recorded at the Johnston County Registry. This the 18'h;day of August, 2011. THEIHONORABLE LANIER SUPERIOR COURT JUDGE PRESIDING Defendants Dana Stewart Draper and Perry Lee Draper Iplian Wenzel, Cou,A for Defendants Robert Ransom Massengill, Jr., Elaine Lee Massengill, Margaret Massengill Batten, and David Reid Batten I Bradley Schulz, Counsel for Defendant Matthew Sand and Gravel, Inc. • 0 SKIMMER BASINS 1 & 2 ARE THE SAME Skimmer Basin OKAY L�76 Disturbed Area (Acres) 10.49 Peak Flow from 10-year Storm (cfs) 12168 Required Volume ft3 3409 Required Surface Area fe 41.3 Suggested Width ft 82.6 Suggested Length ft 150 Trial Top Width at Spillway Invert ft 100 Trial Top Length at Spillway Invert ft 2 Trial Side Slope Ratio ZA 3 Trial Depth ft (2 to 3.5 feet above grade) 38 Bottom Width ft 88 Bottom Length ft 3344 Bottom Area ft2 12444 Actual Volume ft3 OKAY 5000 Actual Surface Area ft2 OKAY 10 Trial Weir Length ft 0.5 Trial Depth of Flow ft 10.6 Spillway Capacity cfs OKAY ®Skimmer Size (inches) 0.333 Head on Skimmer (feet) 1.75 Orifice Size (114 inch increments) 2.98 Dewatering Time (days) Suggest about 3 days e5e, lie �LJ�r5�1�u'vv c iz •� le/�'! ej ® ® FORACENCYMONLY OeN Rae.W ®Division of Energy, Mineral and Land Resources /� 1'�C,' A.Land Quality Section— Storrawater Permitting Program crJ,;�,°rcoI NCDENRNational Pollutant Discharge Elimination System NCGO20000 NOTICE OFINTENT National Pollutant Discharge Elimination System application for coverage under General Permit NCG020000: STORMWATER DISCHARGES associated with activities classified as: SIC (Standard Industrial Classaication) Code -14XX Mineral Mining Industry (except as specified below) The following activities are also Included: Active or inactive mining operations (including borrow pits --except for NCOOT borrow pits) that discharge stoonwater con laminated with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; • Stormwater from vehicle maintenance activities at mining operations; • Overflow from facilifies that recycle process wastewater, andfor • Mine' The follol • Stoff Starr open Stoff Ston NCD The fclloi Please orint or Noe aft entries in this application fonn jisid Mailing address of ownerloperator (official address to which all permit correspondence will be malled): Legal Owner Name Matthew Sand & Gravel Inc (Aaach the mad recent Anmrel Report to the NC SecrefaryofSlele alroR gre currant legel name of Me mrpomfion orenNy. Ahemafively this permit can ire given to an indmdual wgovemmemaufMray. Tirk name muYhe me acme name ea appears on Me Devai lorr of Lane Resources' Minks Pemur ) Signee's Name (as signed for in permit signature at bottom) Wade Eason Street Address PO Box 2151 city Smithfield StateNS_ ZIP Code 27577 Telephone No. 1'199_934-041 Email seloolf@embaramail.com Alternate Contact Name Shane Eason Email (if different) Alternate Contact Telephone (if different)919-915-0690 Page 1 of & SWU-NCG02-NOI last revised 6124114 Wehner, Judy From: Smith, Danny Sent: Wednesday, September 24, 2014 1:44 PM To: Wehner, Judy Cc: Holley, John Subject: Matthew Pit s4 Attachments: 51-50 DWR REVIEW SHEET 2013.doc Please see attached comments ® �1 Pont this tans to POF Return POF of this farm to DEMLR CO by email co OEMLR RO. OwR SPU. Send a copy to the parnufae. MINING ARMIT APPLICATION AVIEW FORM forthe DIVISION OF WATER RESOURCES Project Name: Matthew Pit#4 DEMLR Permit# 51-50 County: Johnston Applicant's Email: and rew@awhod Been g.com PERMIT ACTION TYPE: YES NO Date Commencing rf F( Have land disturbing activities started? Date? r Latitude; 35.3954 Longitude:-78.2988 Please return comments to (at DEMLR CO): Judy Whner SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments: The aoolication indicates that the or000sed mine nit is adiacent to wetlands Watershed/Stream Name & Classification: Class C NSW waters, unnamed tributary to Neuse River DWR Compliance Status of Mine: NA! New site Does this mine (or previous owner) have DWR back fees to pay? NA If yes, amount: Is this mine an active permit in BIMS?_No current NCG02 permit in BIMS for "Matthew Pit #4"_ V_E_s_ NO MIX Cert. required? rlunknown r(_ 401 Wetland Cert. existing? r! Permit #_ f r 1}Does DWR RO have enough information to 1,deierminf If n.401 rert(Ticahon_(s_regwredE r! r! Is an O & M Plan needed? YES NO 'Are wetlands disturbed at this site? f ! r r Does DWR RO suspect or know of nearby F r wetlands to the site? IF tJD_ Isla wet nd delinewa�n rre�guiuir�emd prior to fConsultan[ r ILDWR issuing the perm-n ae. r lOnsitse PA,, s.mPmhPr amn Pnot this lend to PDF Retum PDF of tbls rwm m DEMLR CO by email cc DEMLR RO, DWR SPU Send a copy to the permit ee. u' `Offsite? W .. u. Stream Determination Needed? I- (no rr StreamRDete mtnation Completed?"" "� r ( _� r r_ •`'"� F Does DWR RO need a statement that no wetlandsistreams are disturbed r( rr for this project from applicant? BufferiDetermioation Ne_ede84e "fir': r( "^-•• :� rr •:v ^.' I Buffer Determination Completed? r ( r r Recyclesystem:,permdextsting?M r(peimit# New Recycle System permit required?" r ( r r Enough information to determine? Nonsdtschargeloermd existing? i^'-i .' r(Per'mit# (Unknown. Will Will wastewaters discharge to HQW waters f-( I-(7Q10 Permittee with a 7Q70=0? Flow: — must determine. t jr`^' H} Z .'; Violehon ..•. , ., , �tHas r (O&MNRequirements ,, i x . ;,' •� J r( HQW/7Q101 Concerns n," „ r' , � Doe'sJDWR require iDEMLR to iholtl the •, F Paybaick fees or renew re permit (e g so DWR can view n fu rther'or DWR; permd • r r— beeause DWR reijwres more.informat(oi)? r (,OtReh ` ' :'-_ ° i' -id Please describe theireason to'. ,.:; RO contact 1 • ,, a rr Hold Until _ , •_r. Mine must wait to dewater until an O&M plan is r r f- r approved? Ra, Ra„ tamhar mr 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. Reviewedby: DWR RO Surface Water: Danny Smith Regional Office: RRO Date: 24 Sept. 2014 RO Aquifer Protection Section: Regional Office: Date: Matthew Pit #4- Johnston Co. -The project is in the Neuse River Basin. The USGS Topographic map did not depict crenulations or a blue line stream that would indicate a stream is present on the site or adjacent to the footprint of the mine pit. Soil survey indicated Roanoke soil series. However, the plans provided in the application indicate wetlands area adjacent to the propose mine pit and the nine pit is proposing to dewater (ground water, stormwater/process water) -The project will need a NCG020000 mining permit to dewater. It will also need to develop it dewatering plan to ensure that adjacent wetlands are not drained. -If stream or wetland impacts are proposed, this project will need to comply with/secure a 404 permit from the USACE, obtain a401 Water Quality Certification, and secure riparian buffer authorization Ray Rantamhar 9M n UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES LAND QUALITY SECTION -it) 12 MAIL- SCRV Ihi �i Iv�n RALEIGH NC 27699-1612 1740-7401 IIil�ll�lllll��ll�II�nIIItIII�u�uI�I�II�rIuIli�I�,�ill�yn�l ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. o Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: MR WADE EASON MATTHEW SAND & GRAVEL PO BUX i 5'i SMITHFIELD NC 27577 ■ •�� P . ti5ia15pREM C3 No ■ :fit:'. ■ .,•= 3�. Service Tvoe /MueLt"� terpfit%V0 Express Mail ❑ Regis ere �Return Receipt for Merchandise ❑ Insured Mall C.O.D. 4. Restricted Delivery? (Extra Fee) 0 yes 2. Article Number 7013 2630'0001`1445 4449` (Transfer /ibm service label) PS Form 3811, February 2004 Domestic Return Receipt 47,) 02695-02-M-1540 P9CUM North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 19, 2014 Certitied Mail Return Receipt Requested 7013 2630 0001 1445 4449 Mr. Wade Eason Matthew Sand & Gravel, Inc. PO Box 151 Smithfield, North Carolina 27577 RE: Matthew Pit # 4 Johnston County Neuse River Basin Dear Mr. Eason: John E. Skvarla, III Secretary We have reviewed the application your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: V Show the approximate locations) of the other mine(s) on the Overall Map. 2/ Provide proof that Matthew Sand & Gravel, Inc. has a legal right-of-way to use the roadway through the properties not owned by Robert Ray Lee or provide a Land Entry Agreement for these landowners. 13 A field inspection by personnel from the Raleigh Regional Office has revealed that the portion of the access road that runs through the Drapers property will need to be upgraded. Provide details on the upgrades and any measures needed to insure there are no off -site impacts. 4/ Provide supporting calculations and construction details for the skimmer basins. More detail is needed for the splitting of the drainage to each basin. I// Show the location of the gravel construction entrance on the mine map. Q'. Provide acreage for the unexcavated buffers. Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612. 919-707-92001 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet http71portal.ncdencor 4eb4 An Equal Opportunity I Affirmative Action Employer -60% Recycled 110% Post Consumer Paper LU 0 Certified Mail Mr. Eason Page Two Have the wetland delineations been approved by the US Army Corps of 1 Engineers? Proof that there are no wetlands within the permit boundary may be required. Provide proof that an NPDES permit has been applied for with the Stormwater Section. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this fetter, 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. - Land Quality Section Division of Energy, Mineral and Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 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 can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as ' - possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. Sincerely, Pi Judith A. Wehner Assistant State Mining Specialist Land Quality Section cc: Mr. John Holley, PE Mr. Andrew Hodge, PE, via e-mail Los In #: DPR/RRS Mining Permit Application Review RES CeNan: Sj�: _36�0 da Nameofproject: '4�4 County:L�/.1-�X�.d Proposed activity is ✓Z is not ❑ within 5 miles of a public park or recreation area. rf yes, identify the park: Howell Woods Environmental Learning Center Manager/agency name: Jordan Astoske (contact name): Jordan Astoske (phone; fax): 919-938-0115 re-..,,un. iastoske0iohnstoncc.edu Review conducted by: Jennifer Beedle Dale: 9/12/2014 PLEASE RETURN COVER SHEET ONLY WITH YOUR REVIEW/COMME ALSO E-MAIL YOUR RESPONSE AND/OR COMME NTS/QUESTIONS TO: Steve.livinastoneCa,neparks.eov THANKS! Return to: Steve Livingstone (919) 707-9331 steve.livingstone@ncparks.gov DENR/Division of Parks & Recreation 1615 MSC Raleigh, NC 27699-1615 YOU MAY RECE i VEp SEP 16 2014 MINING PRpGRAM I v NCDENR North Carolina Department of Environment and Natural Resources Pat fvFCCrory Governor MEMORANDUM August 22, 2014 TO: Mr. Lewis Ledford, Director Division of Parks and Recreation FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Matthew Sand and Gravel INC Matthew Pit #4 Johnston County John E. Skvaria, ill 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 affects on the purposes of a publically owned park, forest, or recreation area k17J !'i-u I ko). rIGQSC respond RA U "I LG111W I:.l 6VA Cy 1'+ JV IIIQI d. we may 4oIII�.JIG IG Vur reV10VV VI 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 contak-t 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. Ibmh Attachments cc: Mr. John Holley Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http://portal.ncdenr.orgl_web/Irl An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper ■ Complete items 1; ^>, and 3. Also complete Item 4 If Restricted Delivery Is desired. r Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, nr nn thn fmnt if cpnrn parrnIM 1. Article Addressed to: A. Sig tune ❑ Agent Ix�\ /' * ielrj /❑ Addressee B. Received by ( Printed Name) C. Pate of Dellv�`�' D. Is delivery address different from Kern 17 ❑ Yes If YES, enter delivery address below: ❑ No 1 1 ✓u x 1 L� 3. Service lype �1^1' , ��..�,.,^, ❑ Certified Mail ❑ Express Mail � tc l 1�� 2—IS2Q ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7013 3020 0000 9319 4721 (!iansler from service labery�� i PS Form 3B11, February 2004 Domestic Return Receipt 102595-02-M•1510 ® UNITED STATESi,,PdA7g-A96VICE First -Class Mail yt w� UPoastagPSe & Fees Paid ' `14 411111 Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box Ma4�ne� -ana,� Cy-" IIIII,1111,111111'1"11!1"1'lllll1IIIlI!IIIIIII!IIJIIIII!IAIIIII Andrew W. Hodge, PE A W HODGE ENGINEERING PO Box 1401 723-A South Third St Smithfield, NC 27577 September 12, 2014 Judy Wenner Assistant Mining Specialist Land Quality Section Division of Land Resources NCDENR 1612 Mail Service Center Raleigh, NC 27699 Subject: Matthew Pit 94 ADDITIONAL INFORMATION Johnston County Dear Mrs. Wenner, Telephone: 919-934-3490 Firm 9 C-3998 Please find enclosed a copy of the final certified mail return section. The other three were submitted in a letter dated 08129/14. Please copy my office with any comments or questions regarding this project. If you have any questions or need any additional information, please give me a call at 919-934- 3490. Sinc�eerey]}' Andrew W. Hodge, P.E. RECEIVED SEP 15 2014 LAND QUALITY MINING PROGRAM Walther, Judy From: Valentine, Thad Sent: Friday, September 12, 2014 2:39 PM To: Wehner, Judy Subject: RE: MATTHEW PIT Attachments: Mathew Pit #4.docx Thanks Judy Here is my checklist, I'm waiting on a call back from the USACE to get some info on that site but I thought I had better go ahead and send you what I have. I have asked Andrew to Include the small section of road through Dana Drapers property into the permit boundary since it's not on any of the other permits. Also I asked that he show the upgrades because what he shows as a road is only a path and is a low wet area that is barely wide enough for one truck and it will need to be raised and widened. Let me know if you have any questions, have a good weekend dy Sent: Friday,cSeptember 12, 2014 2:06 PM To: Valentine, Thad; Holley, John Subject: FW: MATTHEW P17 4 For your files. From: Andrew Hodge rmailto:andrew@AWHODGEENG.COMI Sent: Friday, September 12, 2014 2:02 PM To: Werner, Judy Subject: MATTHEW PIT 4 Hey Judy, I hope you're doing well. Attached is the final return notice. I'm also mailing it to you today. Thanks and have a great weekend! ANDREW HODGE, PE AW HODGE ENGINEERING, PC PO Box 1401 723A S 3rd Street Smithfield, NC 27577 (0) 919-934-3490 (M) 919-369-1938 FIRM # C-3998 0 0 Mathew Pit #4 Permit Application Response � �ouu ✓� 1. Clearly show all property lines and owners, especially in the mine area 2. Show all water features adjacent to the project and along the entire access road 5 h� GProvide the wetland delineation map from the USACE Include the. section of haul road not associated with the other mine in the limits of disturbance. This is the section noted on the plans as Dana Stewart Draper DB 1192 PG 151. () U'VOW M 5. he access road that runs through Dana Drapers Property DB1192 PG 151 will have to be upgraded and widened to allow for truck Dassaee, please show these upgrades and the proposed width V[:6.jThe wetland boundaries will need to marLyedralong the haul road b the USACE to insure that there are no im pactst �'P� {—`�� �"� X Unexcavated and undisturbed buffer are both noted � in the same area surrounding the mine, please clarify 5 U f,tn,r�"��yt,'W " UALk G`t� �8 Provide calculations and orifice size for both skimmer basins (9. Provide a detail for the skimmer basin how the entire length and path of the drainage swale to the skimmer basin from the processing area Wenner, Judy From: Andrew Hodge <andrew@AWHODGEENG.COM> Sent: Friday, September 12, 2014 2:02 PM To: Wenner, Judy Subject: MATTHEW PIT Attachments: CERT MAIL - MASSENGILL-091214,pat Hey Judy, I hope you're doing well. Attached is the final return notice. I'm also mailing it to you today. Thanks and have a great weekend! ANDREW HODGE, PE AW HODGE ENGINEERING, PC PO Box 1401 723A S 3rd Street Smithfield, INC 27577 (0)919-934-3490 (M) 919-369-1938 FIRM # C-3998 E o Complete items +, 2, and 3. ALo complete rtom G if Peatrloted Oellvery Is dodred. IS Print your name and eddl on tba reverse m that x carrretum the cartl b yrou. a Attach Vila cartl to to or of the maildasa, or on t" from If space parml5. 1. Ardde Mdreaced as Roil r1 i� Cl�%i ('c Pa�x �102 A dl /0 Qom x B. Hacelval Gy(MnbC Wire) C. a1Bal0ellvery D. to deal adialsdmmemam) Rim 19 ❑vas d YES, endutleiveryadGesa hasv: ❑rJo I 3. SeMceType ❑GMolad Mao OEiiareea Mall ❑Paplalaed ❑ Ream HecdM for Malchandlae C. n Y. Adoa Number ((moor mYn a�ylewmp; ?013 2020 0000 9319 4721 PS Farm 3811, February 20M pomava Petum Pecelpt 10HUSPOannew 0 • Wehner, Judy From: Harris, Brenda M Sent: Tuesday, September 09, 2014 5:27 PM To: Boyer, Janet; Wehner, Judy Subject: FW: Matthew Pit 4 Attachments: ER 14-1921.pdf From: Shearin, Renee Sent: Tuesday, September 09, 2014 3:58 PM To: Harris, Brenda M Subject: Matthew Pit 4 Our response is attached. Thank you. Itcnue Shemin $Il,lc I-lislone Prcacmniionoffice 4017 Ahill SCn'ICil C.CnIJI' Raleigh,NC 27699-47M v 19-807-6584 Plt asr. see hrrn://.v«no. hnn ncdcr onv/er/er email cnhmirralJ rml fnr m,idelines nn �ahinutino nrniermfor envirrnvnenral review. Environmental Review projects may be submitted to cnvironmentaLrcview(ce,)ncdcr.ov. Please only one project per email. Please allow at Icast 30 clays for our review. We try hard to complete the reviews in fewer days, but under state and federal regulations we have a mandatory 30 days. *This message does not necessarily represent the policy of the Department of Cultural Resources. E-Mail to and from me, in connection with the transaction of public business, is subject to the North Carolina Public Records Law (N.C.G.S. 132) and may be disclosed to third parties.* "Pte North Carolina Department of Cultural Resources State Historic Preservation Office Itammw M. nan,m. Adaurcerator Caramrs IMcCrory 4eamry Susan Klum. September 9, 2014 MEdvIORANDUM Office aFArchlvcs and I lim.ry nepury Snmmry Kmia Cherry TO: Brenda Harris Land Quality Section Division of tared Resources, so,�,jur�rce's, NCDENR ((�� ..jjam� FROM. Ramona M. Bartos U Ra,.�' 9'?Sa "' SUBJECT: Appllcadon for Mining Permit, [vfatthew Sand and Gravel, Inc., Matthew Pit 4, Johnston County, ER 14-1921 'Punk you for giving us the opportunity to review and comment on the above projectpursuant to Chapter 74, Article 7 of the North Carolina General Statutes. Because of the location and topographic situation of the proposed project area, it . is unlikely that any archaeological sites which may be eligible for inclusion in the National Register of Historic places will be affected by the proposed borrowing. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. While we note that this project review is only for a state permit, the potential for federal permits may require further consultation with uS and compliance with Section 106 of the National Historic Preservation Act. 'Thank you for your cooperation and consideration. If you have questions concerning the above comment, pintse contact Renee Gledhill-ISarley, environmental review coordinator, at 919-807-6579. Inure, iwu 109 GurJuus Am", Itlou, NC 2761A mawvy..Va.eas:Xll Mud S'orvSe Wnmr, Itoleixn Nez]fivo.4Rll'Fetaplmn es(Fa:(919) 807s90/907.e599 NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 5, 2014 MEMORANDUM TO: FROM: SUBJECT Judy Wehner Land Quality Section John Barr Ground Water Management Section Division of Water Resources C1 John L. E ec etarry, iii V EP 0 � 7014 LAND QUALITY SECTION Comments on the Mining Permit Application Request for: Matthews Sand and Gravel Inc. Matthew Pit 44 Johnston County Please find attached a copy of the mining permit application request for the above referenced project. The Matthew Pit #4 located in Johnston County does not appear to have an unduly adverse effect on ground water supplies since dewatering proposed on site is less than 100,000 gpd. However, if the mine starts to withdraw 100,000 gpd of water, they will need to register their water withdrawals. Facilities not in the fifteen county Central Coastal Plain Capacity Use Area are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.221-I. This statue requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register and update withdrawals. `Phis statue also requires transfers of 100,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water transfers. Water withdrawal registrants must complete the annual water use reporting form by April 1 for the previous year. If you have further questions please contact the Division of Water Resources at (919) 707-9000 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-161 L 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 Phone 919-707-90001Internet: www.ncdonr.gov An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper ATA NCDENR North Carolina Department of Environment and Pat McCrory Governor August 22, 2014 MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water,Resources FROM: Brenda M. Harris i �_ Mining Program Secretary Land Quality Section 0 Natural Resources SUBJECT: Mining Permit Application for Matthew Sand and Gravel INC Matthew Pit #4 Johnston County John E. Skvaria; iii Secretary ® Mine Dewatering Proposed ❑ 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 September A G 11A.t A ♦L...a complete of this r.>r.- �n + v 'thin tUat to Imp time lira its+ IJI LV 1"F so at YYYe May k 1I1ULV VUI IeVIe YY VI II IIJ IGI�NGJI VVILI rill Vi.ir a�a �u ivly u111�. n11nw. 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'vVehner at (919) 707-9220 if you have any questions. Ibmh V Attachments Rio&" cc: Mr. John Holley AUG 22 2014 Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section ()FWATER RED 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-707-92001 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http://portal.ncdenr.org/web/Irl An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper ® 1 MINING CHECKLIST FOR ROUTING AppUM x Naar MAPIA) s} �, Pm�rd Naha MA �A &) & Appht. fPetatt No.: _ cmlM : �n1 I I I tO f7 aQj Dde and od: 9 �Q (� Goat-� Rhu s.ro� Nam: f.� Na ❑ Rmwal ❑ A4difIMGaM (IRadtptnMtt 6MdaW0) ❑ mafl°um (MWdt pttatt 6W loft) ❑ rra fer ❑ Rd= ❑ Paltld RdMtt ©% AUgm d tomana ❑ Ftt Ntakd: § ❑ Fa Rt ank S myM�d6 et a7lr"I""""' a. pal" t �Pk/aa yLttt i°'� FD U N "EMd *M (z ro?I*� mad, dM OUtS Raoad *a M" A)l(�tm"'a W ,�,r�,� Cktdht to Ra gy and attaah 6Wh tht DWQad DMUM" 1#1CAUM RMW FM to tht O&r Wf); aad ttlffl WPO to &t ROMW Daft: RaMttd 91� wd ❑ DIWAM of wdtt Rm rm I Dah: ROW Rwd ❑ MC Wdfik RtSMftRt CMadOn ' Daft: RMW Reed ❑ us rut a wdeft &rw a Darn ROW Reed (only tn. 9ACAU ns ad RAftee n 90&t the AM hod to dwyanad PkWWe flnt 3 papa of am appk&m ad Mr krdtM W tr. �- 0 Mft of Pads as R=&M Ddt: RMkd RWd ❑ NC GW&jf 191Iwp StdrM Ddtt Ralmd Rxd ❑ Dtvwm [ Meft R MU Da tc Raldad' .. - Rtrd 0 DtWAM of Sod a wdtn &WrVallon (p5u ten) Datt. RaMttd ' ' ,wd (axdyuMapp➢MMmu and RAfkAm nyvtdr the add kd to dwyawt) ❑ DtWaM q AriMroes & Ntft[tp µ Daf[: Raafad ,j R[Cd Vp (only aM a/p6mdtoa) ❑ oum Ddt: Radtd i Rtrd I ••st+.ytense Hare for C�ottanenks: AS off-012i- .., (Mo IaLn thM asjdar/rwM a. M,R�A. Andrew W. Hodge, PE A W HODGE ENGINEERING PO Box 1401 723-A South Third St Smithfield, NC 27577 August 29, 2014 Judy Wehner Assistant Mining Specialist Land Quality Section Division of Land Resources NCDENR 1612 Mail Service Center Raleigh, NC 27699 Subject: Matthew Pit #4 ADDITIONAL INFORMATION Johnston County Dear Mrs. Wehner, Telephone: 919-934-3490 Firm # C-3998 5EP 0 2 2014 LAND QUALITY SECTION Please find enclosed sheets 1,17 and 18 with original signatures. Also enclosed is a copy of the certified mail receipts (4) and the return sections (3). One property own still has not signed for their letter. As soon as I receive it I'll send it to you as well. Please copy my office with any comments or questions regarding this project. If you have any questions or need any additional information, please give me a call at 919-934- 3490. Sincere] Andrew W. Hodge, P.E. APPLICATION FOR A MINOG PERMIT • NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TV PE) 1. Name of Mine Matthew Pit #4 County Johnston River Basin Neuse Latitude (decimal degrees to four places) 35.3934 Longitude (decimal degrees to four places)-78,2988 2. Name of Applicant* Matthew Sand & Gravel, Inc 3. Permanent address for receipt of official mail" PO Box 2151, Smithfield, NC 27577 Telephone (919 ) 934-9941 Alternate No. (919 ) 427-2871 4. Mine Office Address PO Box 2151. Smithfield. NC 27577 Telephone ( 919 ) 934-9941 5. Mine 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 �. ��G!!i/r �(C--/ Date Print Name Wade Eason * 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. *** Sienature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application fora permit within 60 days of receipt ofa complete application or, if a public hearing is held, within 30 days following the bearing 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. APPLICATION FOR A MINING PERMIT 0 AFFIDAVIT OF NOTIFICATION 11 Wade Eason , 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 swom, 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 ,tact, 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) See Attached Sheet (Address) (Attach additional list if necessary) 1 do also attest that the following individual is the chief administrative officer ofthe 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.] Rick Hester (County Manager) PO Box 1049, Smithfield, NC 27577 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an ad curing tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of recol of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(b1) and 15A NCAC 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 iled and to provide them to the Department upon request. / Signature of Applicant or gent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information Name of applicant: Wade Eason Title of pe executing Affidavit ltcant & President / f, / 'a Notary Public of the County of J hxa'(-uf i L , State of North Carolina, do hereby certify that ROa �A a e" appeared before me. this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my 's, L day of & dAl/- 20Z. Notary: my Commission expires: m 23 g? /Ar JOHNSTON COUNTY, NO 17" FOICHVI� lore convlix v2c v:v_v:5n flf I:il ,4, O Ines n MT r I 0 APPLICATION FOR A MIMNG PERMIT 0 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 bours 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: Bobby Ray Lee (Title, if applicable) Company (If applicable) Address: 2387 Thompson Road Four Oaks, NC 27524 Telephone: (919) 894-4971 Date Signed: APPLICANT: ,(/���� Signature:' , '�zz ' 4 Print Name: Wade Eason Title: Company: Matthew Sand & Gravel, Inc Mine Name: Matthew Pit #4 Telephone:(919) 934-9941 Date Signed: ko:— �y-4r *Signature must be the same as the individual who signed Page 1 of this application. and reclamation maps, and the appropriate processing tce (see next page for tee schedule) in tee forma cheek 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) 733-4574. I8- 0 PopgF E C WFee � M.W m S r • ••4C' ��Y Q• r9 m PosdBa E T CeNflatl Fx O O goymnpfplFx o tFm•m•reunagaxtll � FVAweoW.y E•. � IFnbixmenl Feyhaa) N O Tola Pmbged Fx°L m �$ FNiwa N°n notmto•f alz -- /Domestic Mell Onll Far tlellvery InlPtmatl< ri 0 05 Pahgh C- N•m— i `08 /d40!4 �. . .J i ■Mot your home and stltlreas an the reverse i so mat we can return the rand to you. ■ Attach this card to the back of the maiip'lece, a on the front IF space peanuts. ts. 1. Article AddreMed to,. i ■ complete Items 1, 2, end 3. Also complete Item 4 d Be of Oellvely is desired. ' ■ Print your ral and address on the reverse so that we con retain the card to you. III Atffial this earl to the bank of the meilplece, or on the font 4 space Permits. 1. ANcb Aameased to r�j,dr \/ X B. Date of D. edella mice MidtlFresamaemt2.nlmm tv uNo d Y65. inter ry mtlreb aelrx. AND ❑ CMtllled Mall ❑ Express "I /] IE� ❑ heBbtered ❑ PeG�m PectlPl la Merchentllae 0 Insrha0 Mall O COD. a gwtdaed 09lwryl IFssarural oAs 2. Article � I7013. 3020. 0000 9319 4752 PS Farm 3811. February 2004 Demesda Return neaelpl iossaw slsu A Sy19nalure u ik M VYQL F�MM o. eamnayma�dlxaemfmm lean tv over tt YES enlarddivery addreslMbw: 0 No oCartlselWI oExpress MU Rossetti 13 Return neoela for Merchandom O Insured Meff ❑ CnD. d, aeshlcta i Dalfa;s l M3 Fee) ❑ vW 2. Anbla Namber 7013 3020 0000 9319 4738 (IYernleraomaervlw PS Forth 3811, February 2004 Dameeec PaWm accept 1@S9ae2M-15101 • Complains Items 1, 2, are S. Also ocanIclote Item 4 M aestutcbtl Dellvemr Is tlasimQ i■ Rim your name and address on the reverse e0 that we can return the card to you. ■ Attach des card to the back of me mallple e or on the front a sp209 Parents. 0 O. le tlaWeryedBaudbPenrltflom Min t4 1.1 YM if . armor dellvery addtws below. ❑No � sCCPJAohoVltkk�Yr a ia l 1s3a CPriewwBMaryMEeppraakd ❑❑ 13 aMecfres Wherein plM6Mlendls0 C2r� j ❑Immedw ElCA.0. a areMceea Delivery? IUrsa feel ❑ ves 2. ANde Number (Prma/ryaamaevhefeha� 7013 3020 0000 9319 4745 I PS Form 3811. February 2004 Domreac P m aecelyt 1al59fr 1640 • 0 .� T" �d- h ':e :p 4�?a MINING CHECKLIST FOR ROUTING Ayyhead'f MOM: fi7ARA i() 54A . PrO�[lf Nall[: rn d. a l'u r Pit' VN.Iftnw No.: � I s-b toady: 1 /� IkooLr�i.� Date Reand: e?r l of RerkM WI'LW v RIMEafd Naale: AAaA (g/New ❑ Rm al ❑ Mod fwpoN (UAde�emit 3Wadalet) ❑ MAf em (Mbde,taelff haffldalr[5) ❑ Ifa* ❑ Rd= ❑ pvtw Rdrau ❑Adhfod mfamlatlaa ❑ FM NffkL $ <FeeVed: Ra39T0e-� P6X Vd adta pkr�&m PA&W to: i ' LVa l0 6L Repmd oft (z me9w mpfo; attach dms4zs Romd ogee 61i" Ay#a m fie" cktdila to as mAmd &&k bah the DWQ-4 d DA(Z: aro AR&&M RMM M1e to fk aM toyy;.¢ed W MyW to Coe Rrrt*W E�ml) 1 Date: Regal �I o/f Ra'd I? 1)h'UIan / Watrr RGSaRreee Dde: Radtd—� —f�� Red r earo t don C WtW6ft Cr Date: Radrd r 1 , Rwd I 5� US rash a wtldhh Se i D de: REM Rrcd U-f Iody n gylh wm mrd madlllewa MFW the add lad ,I to the,nndt) V *44 rwde /lrrt s Jaffa o/ the aPPbC9 ftM 4Rd 4Ry IaWlan r w ta. (, l �1 ,1 aal �.d—��I-cl0,4' Y' DtVWRePA+hR.[atdfM Date: RAM tS C Gwlogiul sorry Sedim Ddt•. R&W Beta 1 U (,�1 DiddoR of M4Me Ftiherfa Data Rmded mod �I V/DtMW Sad k Wlda' Can AtIO l (y(a LEA) Te D4fe: RWdfd W R[Cd (only no apyhmaae 4rd mod*uetan m" that add lad to tker / .. i_... y � DIYti1aM1 �AlY:h1If5 & Hiftaly Dow: RadW Q) Ra'd �/ , (ady W aPp@aaM) ❑ Other: Date: Roofed Reid y,, � • •SWyeW Datt far gOMWntr: SV tyv�GW 1 �aft(p lda than is dayk frog Mao 9� tsf r� ❑ Pr[a1[ cart the fo➢oRtng: ..� �. ku ,pF.vi aJ RMENR North Carolina Department of Environment and Natural Resources paf U-('rnn� Jahn F �k�rarla Ili uL iviuvIviy Governor August 22, 2014 Secretary MEMORANDUM TO: Mr. Van Stancil Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris rJ5_v� Mining Program 'ecretary Land Quality Section SUBJECT- Mining Permit Application for Matthew Sand and. Gravel INC Matthew Pit #4 Johnston 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 September 15, 2014 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-922u it you nave any questiOnS. 9071we, Attachments cc: Mr. John Holley Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http:llportal•ncdenr.org/web/Ir/ An Equal opportunity 1 AfFrmative Action Employer— 50% Recycled 110% Post Consumer Paper • RCMENR North Carolina Department of Environment and Pat McCrory Governor August 22, 2014 MEMORANni lnn TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section Natural Resources SUBJECT: Mining Permit Application for Matthew Sand and Gravel INC Matthew Pit #4 Johnston County John E. Skvarla, III Secretary ® Mine Dewatering Proposed ❑ No Mine Dewatering Proposed Please find attached for your review a copy of the reining 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 September 15, 20114 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all raining 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. Ibmh Attachments cc: Mr. John Holley Division of Energy, Mineral, and Land Resources Energy Section - Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9200 I FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http:llportal.ncdenr,orglwebllrl An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper �ENR North Carolina Department of Environment and Natural Resources Rat �ACr'r-rjr Iphn F gk;rariar III Governor August 22, 2014 Secretary MEMORANDUM TO: Mr. Peter Benjamin Application Review Coordinator U.S. Fish and Wildlife Service FROM: Brenda M. Harris (.4� Minina Proaram Secretary Land Quality Section SUBJECT: Mining Permit Application for Matthew Sand and Gravel INC Matthew Pit #4 Johnston 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 September 15, 2014 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibm h Attachments cc: Mr. John Holley Division of Energy, Mineral, and Land Resources Energy Section • Geological. Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9200 f FAX 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http://portal.ncdenr.org/web/Ir/ An Equal Opportunity 1 Affirmative Action Employer -- 50% Recycled 110% Post Consumer Paper *I VA * WC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor August 22, 2014 Secretary MEMORANDUM TO: Mr. Lewis Ledford, Director Division of Parks and Recreation FROM: Brenda M. Harris ► Mining Program Secretary Land Quality Section St1R.IFCT- Minina Permit Anblication for Matthew Sand and Gravel INC Matthew Pit #4 Johnston 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 affects on the purposes of a publically owned park, forest, or recreation area (GS 74-51 (5). Please respond by September 15, 2014 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 conta�1 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. Ibmh Attachments cc: Mr. John Holley Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9200 I FAX 919.715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http:/Iportal.ncdenr.org/web/Ir/ An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Al 74. 0 NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor August 22, 2014 Secretary MEMORANDUM TO: Mr. Charles Bowden Application Review Coordinator Division of Suil and Water Conservation FROM: Brenda M. Harris Mining Program S etai Land Quality Section SUBJECT: Mining Permit Application for Matthew Sand and Gravel INC Matthew Pit #4 Johnston County Please find attached 1UI YUUI revievJ a Cvpy of t he mil111ly perrlit appii%.atioiII rei{uest fvr the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on any publically owned conservation easements (G.S. 74-51 (5)), Please respond by September 15, 2014 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 publically 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. Ibmh Attachments cc: Mr. John Holley Division of Energy, Mineral, and Land Resources Energy Section - Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, !North Carolina 27699-1612.919-707-92001 FAX 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http:llpertal.ncdenr.org/webllr/ An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper O A� O NC®ENR North Carolina Department of Environment and Natural Resources Paf Mr_.( rnry Governor August 22, 2014 MEMORANDUM TO: Ms. Anne Deaton Habitat Protection Section Division of Marine Fisheries FROM: Brenda M, Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Matthew Sand and Gravel INC Matthew Pit #4 Johnston County .IInhn F gkvarlar III 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 freshwater, estuarine or marine fisheries (G.S. 74-51 (2)). Please respond by September 15, 2014 so that we may complete our review of this request within our ctnti itnnr times limit¢ 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. Ibmh Attachments cc: Mr. Joann Holley Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-707-9200 I FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http:l/portal.ncdenr.org/web/Ir/ An Equa! Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper ATA NCENR North Carolina Department of Environment and Natural Resources aL IVIc_.Iulr Governor August 22, 2014 MEMORANDUM TO: Ms. Renee Gledhill -Earley Application Revi �w Coordinator Archives & History FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Matthew Sand and Gravel INC Matthew Pit #4 Johnston County Inhn C CLirnrin III 'Jul III L. QRV❑110, III Secretary Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on any significant archeological resources. Please respond by September 15, 2014 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, ii 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. Yvniir rnn+eni onA e-`nnnr,rn+Jnn is nrea+Iv nnnraria4ari Plaaca rnntart Mg 11Ay Wphner At Wu -iLri Imo\,,., �.,.,.. tv y uffv,.,, v.....v.... (919) 707-9220 if you have any questions. Ibmh Attachments cc: Mr. John Halley Division of Energy, Mineral, and Land Resources Energy Section - Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http:Ngortal.ncdenr.orglwebllrl An Equal opportunity I Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper ' `/CAS )Aire ?=ratlt AFPlicat!en Raviaw Coeds heat xeva..o C IMAOM MIDmean xach avow e-i as Vrn.'aomu wnm+uon ;anarvr. M��S �y C�mprw Yams � Fv� Fly M-mews s�-15' e. YCFi GmOleta illaiKJen �.T:CGY HS [Dual% I _ Smnrou i - Vi(Cec'41 r�`� Tm[a Sunup :.yc�aalcgy c«sc�.aa � uln.rn f Wb: SFfTC.=x vym il.na Peak W,IlwfCJMOcn mtl a AS ciwN-c' az znm in--o1u.w +LYa it .intl eeUccC fCJ' Ae mnC$Ctl CiY.'9n�, veu'G-.Yaeenil $cunt+19N 51aea GNmCnQ:pl sa 19sa :1. 5.3seSid SurvsY =PemRe F<ev, Simi]21�q_�;SIGmaOf.o:.evsSs.S��ssuns/p5alo.hmJF .ierinre(' � umJlCa[e2 ' .YC:S ILne 0.avfev C\a<kahuadm0afo 3ay. ] 1!YJa Uc Wehner, Judy From: Wehner, Judy Sent Thursday, August 21, 2014 4:54 PM To: Smith, Danny Cc: Holley, John; Valentine, Thad Subject: 51-50 DWR REVIEW SHEET 2013 Attachments: 51-50 DWR REVIEW SHEET 2013.doc Here's the review sheet for the new permit, Matthew Pit #4 Print This form to PDF Refum PDF of this brm b DEMLR CO by email. cc OEMLRRmRO, DWR SPU SeW a copy to the permiffae- MINING P&MIT APPLICATION REVIEW FORM forthe DIVISION OF WATER RESOURCES Project Name: Matthew Pit#4 DEMLR Permit# 51-50 County: Johnston Applicant's Email: and rew@awhodgeeng.com PERMIT ACTION TYPE: YES NO Date Commencing F- F- Have land disturbing activities started? Date? r t P f Latitude: 35.3964 Longitude:-78.2988 Please return comments to (at DEMLR CO): Judy Whiner Comments due by: September 15, 2014 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 RIMS? ,s "- f.•iq e. 1 " ° r "e%'::•. A` 401 Wetland Cent. existing? Is an 0 & M Plan needed? YES NO Does DWR RO suspect or know of nearby� wetlands to the site? :F-,o:, •7S �.-: .v Id a '" t„ " Rea Scnlemh,, gnin Print this farm to PDF Return POF of form to DEMLR CO by email. cc DEMLR Re, DWR SPU. Send a copy to the permiltee. Ak Stream Determination Needed? C—( r f Stream DeterminatiomCom,pleted� - " :sir!_IA Fr(_ Does DWR RO need a statement that no wetlandslstreams are disturbed for this project from applicant? Buffet Determination -Needed& Buffer Determination Completed? F / r! Recycle systempermrt existing? i .,,; �zr (Permit# �,._,' ^r-„4i, I ;,,r�— . New Recycle System permit required?" r( rr Enough information to determine? — Non-discharge.,permitexisting,? r(Permit#_ r! 'Unknown. Will wastewaters discharge to HQW waters r( I—(7010 Pern-ittee with a 7Q10=0? Flow: must determine. l ' r f Has.Vtolation - - - y •.- .. r4y « „ 7v. PIntsHbW/7910'Concernsgods 16 DWR require DEMLR topholdilthe Paytback fees oc�ienew permit (e g so DWR can review itfurtheror DWR Permit I� - i r!— because DWR m requires ore inm foration)�7 , rs-=!Other. r Please describe the•rdason to = , ;holdeither . Permit::•, ROcontact _ . r( Hold"Until Mine must wait to dewater until an O&M plan is r ( r! approved? — Reviewed by: DWR RO Surface Water: Regional Office: Date: RO Aquifer Protection Section: Regional Office: Date: na�� aamPmnP� emn LANDIUALITY SECTION REGIOA& OFFICE i / ING APPLICATION REVIEW CHECKLIST /APPLICATION/PERMITNO.: 37-YO ACTION: New Modification Renewal Transfer Release APPLICANT NAME: MA&JSty br, MINE NAME: lYI !ten COUNTY: Q y Administrative Issues: A. Is the site currently under NOV? Yes No Explain: _ B. is ari iiruuca permit needed? Yes No Explain: C. Is an NPDES permitting existing? Yes 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 No Explain: B. Are the proposed buffer zones adequate? Yes No Explain: C. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated? Explain: D. Do all water supply wells within 500 feet of the mine excavation appear to be indicated? Exolain: G. 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. any rnnnerns nr rnmments: Other Comments: Please provide Who was the application routed to and when?: Division of Air Quality: _ Date: Division of Water Resources (Surface Water Protection Section): Date: Other: Date: Inspector/Reviewer's Name: Date: Rev Dec 2006 0 MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF AIR QUALITY 8 M Project/Number:,eReu) s .CJ H A'S County: SO Please return comments hack to: Comments due by: Will the operation, as proposed, violate standards of air quality? Comments: YES Air permit required Air permit existing (Permit # Other Comments: Reviewed by: Print Name: Date: zej Central Office Reviewer: Rev Dec 2006 r ; r N W E S Matthews Sand and Gravel Inc, Matthew Pit #4 Latitude: 350 23 36.24" N Longitude: 780 17' 55.68" W County: Johnston Map Scale 124, 000 I I Date: 08/21/2014 1 Facilitv Locatim E �• Andrew W. Hodge, PE A W HODGE ENGINEERING PO Box 1401 Telephone: 919-934-3490 723-A South Third St Firm # C-3998 Smithfield, NC 27577 August 19, 2014 Judy Wehner RECEIVED Assistant Mining Specialist AUG 211@4 Land Quality Section Division of Land Resources SECTION NCDENR LAMD QUALITY SEC 1612 Mail Service Center Raleigh, NC 27699 Subject: Application for Mining Permit Matthew Pit #4 Johnston (Mni,inty Dear Mrs. Wehner, Please find enclosed a check in the amount of $3,750 for the Application fee, six copies of the Application for Mining Permit with Engineering Calculations, typical sections and county vicinity maps, USGS map and six copies of the Mine snap & Reclamation map. Please copy my office with any comments or questions regarding this project. 1f you have any questions or need any additional information, please give me a call at 919-934- 3490. Sincerely, Andrew W. Hodge, P.E. { 4 NORTH CAROLINA MINING PERMIT APPI,ICEITION 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) 733-4574 Revised: January 30, 2008 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 Matthew Pit #4 County Johnston River Basin Neuse Latitude (decimal degrees to four places) 35,3934 i _ ]- �-°-- -� -1-- - r-------1----\ ern'%Ann 1Longitude (decllIlal UCgrecs to lour piacus)-IO.6700 2. Name of Applicant* Matthew Sand & Gravel Inc Wade Eason --- _A** "t-, r% 1 rY -1-3 LTf-1 nIT jr^f"f duu1CJS rI ICEC1Fi ofULCuldlerrnanej_it 01Mall ' YV 17ox L 1 J 1_,_ 31111U111clu,_IN%- G I J I I Telephone (919 ) 934-9941 Alternate No. (919 ) 427-2871 4. Mine Office Address PO Box 2151. Smithfield, NC 27577 Telephone ( 919 )934-9941 Mine Manager Wade Eason 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 �; F - Date Print Name Wade Eason 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 Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company, officer rec�uire_d. 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. -r • 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 the "new permit" fee will be based upon): 20.01 Of this acreage, how much is owned and how much is leased? Acres owned: 0 Acres leased: 20.01 Property owner if leased: Bobby Ray Lee ❑ If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by Me existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): ❑ 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 ❑. 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 by the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand 3. Mining method: ❑Hydraulic Dredge ❑ Front-end Loader & Truck ® Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain): 4. a- Expected maximum depth of mine (feet) 30 feet Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Natural ground level b. Expected average depth of mine (feet) 25 feet - L - • i APPLICATION FOR A NIINING PERMIT 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? 6. Number of years for which the permit is requested (10 years maximum): 10 B. MAPS Clearly mark and label the location of your mining operation on six (6) copies of a 7.5-minute quadrangle and a county highway man. These mans, in addition to six (6) conies of all mine mans 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"' Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 www.aeoloay.enr.state.nc.us/ 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 /n 1 n% n i n cnnn L7 t7) G 14-VVVV www.ncdot.orght/gisContact/default.htmI 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, raining 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. llilttal auu u1 imate 11ifllLJ oftlearing and g'tautltg. d. Outline and width of all buffer zones (both undisturbed and unexcavated). c. 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. in. 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 withi n l ,000 feet of the mining permit boundary, must be provided on the mine map. 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: 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 I inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- • o 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 0.14 ac Stockpiles 0.23 ac Wastepiles 0.05 ac Processing Area/Haul Roads 2.88 ac Mine Excavation 13.51 ac Other (Explain) Total Disturbed Acreage 16.81 ac 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- • • 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. • The area is to be left as a pond. Mining will begin at the topographical low end and shaped to the cross sections of the pond as the mining proceeds_ 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. • Before any excavation is to begin the construction entrance, silt fencing, temporary diversions and skimmer basins shall be installed. The trap(s) shall be cleaned out after each major storm event and/or when they reach 1/2 capacity. 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. • The final product after mining will be a pond; therefore the water table will be reached at the topographaliy low end. The resulting water will be used to clean the sand and the runoff will be routed to an appropriately sized basin to control any sediment before being released off site. No chemicals will be used to clean the sand. 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). -6- 0 APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes ® No ❑. If yes, do you intend to dewater the excavation(s)? Yes ® NoEl. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: 78,000 _ _ _ _ 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. • As the mine is being excavated and reaches the typical pit cross section, this portion will be allowed to fill up and hold water. Then a new section will be mined and dewatered as needed, pumping into the previous section and used to wash sand. • The withdrawal rate will depend on the inflow. • There are no known wells within 500' of the pit 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 nnrl aTrit},rlrgTvo mnro than 1 AA nnn rrallnnr nnr rlaxr u;e area Lw lu vT 1L1AlJ1uYYJ 111W— L-1 I WW, V'5L111V.— 1". --.7. • A "Letter of Receipt" will be forwarded from Division of Land Quality as soon as it is received. • The operation does not plan to withdrawal more than 78,000 gal/day. The contractor will register water use with Division of Water Resources. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No ®. If yes, in evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. Haw will dust from stockpiles, haul roads, etc., be controlled? 0 Water truck ' 0 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). o A 50' undisturbed buffer is shown where the pit boundary is adjacent to wetlands. A 50' unexcavated buffer is shown elsewhere. 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(v). o There are no buffered features in the permit boundarys. o A 50' undisturbed buffer is shown where the pit boundary is adjacent to wetlands. 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 patter 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. • There will be a 50' unexcavated or undisturbed buffer around the permit boundary and the pit will be sloped at a rate of 3:1 -8- 0 APPLICATION FOR A MINING PERMIT u 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. • There is proposed to be very little waste or overburden, although a site for such is shown. Max side slopes of 2:1 In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections for all cut slopes must be provided on the mine map(s). • The pit will be excavated at a slope of 3:1. See mine map. d. In hardrock excavations, specify proposed bench widths and heights infect. Provide crass -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 muting 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. There is no planned blasting and the side slopes of the excavation will be 3:1. Therefore there should be no niivcirai }�a�ar�e 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). • There is an existing gate at the public road and another gate will be installed at the Lee property line before construction begins. -9- 0 APPLICATION FOR A MINING PERMIT 0 9. Are acid producing minerals or soils present? Yes ❑ No N. If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? 1 (1 FICUlJ ujuuvniF imYr.�awc.n4ntinnl Fnr onracnin.r +ia v�Fr.`Qrn4Lilunnll �.&rvnImau. Describe Jpec1f%1nn n1aA-1 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. O This mine is approximately 1.4 miles from the public road, therefore will not be in the public view 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? • There is no such facilities nearby 11. Will explosives be used? Yes ❑ No N. 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 offshe occupied structures) to the proposed excavation(v) 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 ❑. Ifyes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the location(v) of all storage facilities on the mine map(s). A 500 gallon portable fuel tank with a earth berm around the tank to contain any spills M[010 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. • The reclamation plan will include leaving the site as a pond. 2. is an excavated or impounded body of water to be left as a part of the reclamation? Yes ® No ❑. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled crass-section(s) 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. Wil I the body(s) of water be stocked with fish? Yes ❑ No ®. If yes, specify species. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what 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. • NIA u 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 muw he provided on the reclamation man. o NIA 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. • The processing facility is mobile and will he removed at the end of the project. The haul roads are existing; and will remain. 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. Haul roads are existing and were used for previous mines and will remain. Haul road ditches will be maintained and seeded as necessary 6. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or nther cnr_,h waste prnr���r_,ts 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(s) and reclamation map, along with a list of items to be disposed in said areas. e Any waste generated at this site will be disposed of in appropriate land fills -12- • APPLICATION FOR A MINING PERMIT 0 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; U. AUL11011 Gd representatlVGJ o1 u11; 11V1s1o11 V1 Forest Di'Ovuriia, Departuileilt Vf L1lYlrVllAlAe�At E'u"ad 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: 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 band calculation worksheet is lobe used to establish an appropriate bond (based upon a ra of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by Department to be affectedduring the life ofthe miningpermit. Please insert the approximate acreage. for e AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE' COST Tailings/Sediment Ponds: Ac. X $ 500 /Ac. _ $ Stockpiles: Ac. X $ 1800 /Ac. _ $ Wastepiles: Ac. X $ 2000 /Ac. _ $ Processing Area/Haul Roads: Ac. X $ 1800 /Ac. _ $ Mine Excavation: Ac. X $ 500 /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 proposcd/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offshe sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Ac. X $15500.00 = $ SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life (Ito 10 years): 10 years INFLATION COST: $ TOTAL COST = SUBTOTAL COST + INFLATION COST = S Total Reclamation Bond Cost: $ (round down to the nearest $100,00) J1 -14- 0 s 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(b1). -SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -j5- • 0 NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that Matthew Sand & Gravel, Inc -_ 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 Sand on 20.01 acres located +/-4 (Mineral, Ore) (Number) (Miles) North of Bentonville off/near road SR1009 (Direction) (Nearest Town) (Number/Name) in Johnston 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 ofiecord, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining; permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information -regard ing snecifics of the proposed mining activity. please contact the applicant at the following telephone num . For information on the mining permit application review at (919) 733-4574. Please note that the Department will consic wAin'the provisions of the Mining Act of 1971 throughout th (Addressee/Owner of Record's Name and Address) (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) Matthew Sand & Gravel, Inc Wade Eason, President (Name of Applicant: Include Contact Person & Company Name, if Applicable) PO Box 2151, Smithfield, NC 27577 (Address of Applicant) contact - 16- ... olscwwee... JoM1rmtnn County ammes he kgzl regwnalyl"n the iMn0malian lepmsenled hen. I l lJ • Seale t Inm- Iwo fine oma a+eua le, WA ��r (lM1e seats Is only aevuele uMen plNtl lanGeasee an a fl5zt IIn ffie Whowl wHh no Inge salNp.) �J 0 ADJOINING PROPERTY OWNERS 1. THE TRUSTEES OF JOHNSTON COMMUNITY COLLEGE PO BOX 2350 SMITHFIELD, NC 27577 2. THE TRUSTEES OF JO1 NSTON COMMUNITY COLLEGE PO BOX 2350 SMITHFIELD, NC 27577 3. THE TRUSTEES OF JO1 NSTON COMMUNITY COLLEGE PO BOX 2350 SMITHFIELD, NC 27577. 4. DANA STEWART DRAPER 3029 ALLENBY DR RALEIGH, NC 27609 5. DANA STEWART DRAPER 3029 ALLENBY DR RALEIGH, NC 27609 6. DANA STEWART DRAPER 3029 ALLENBY DR RALEIGH, NC 27609 7. DANA STEWART DRAPER 3029 AT LENIBY DR RALEIGH, NC 27609 8. DANA STEWART DRAPER 3029 ALLENBY DR RALEIGH, NC 27609 9. ROBERT RANSON MASSENGILL JR PO BOX 1628 CLAYTON, NC 27528 10. ROBERT RANSON MASSENGILL JR PO BOX 1628 CLAYTON, NC.. 27528 11. RICK HESTER COUNTY MANAGER PO BOX 1049 SMITHFIELD, NC 27577 I of l • APPLICATION FOR A MINING PERMIT a AFFIDAVIT OF NOTIFICATION 1, Wade Eason , 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 thatthe following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary finrindinp. where an adioininp tract is owned or leased by the ann icant or is owned by the lessor of the mine tract - all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) See Attached Sheet (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) f i.e.: City Manager, County Manager, Mayor, etc.] Rick Hester (County Manager) (Address) PO Box 1049, Smithfield, NC 27577 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 al! 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 withN.C.G.S. 74-50(bl) and 15ANCAC 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: Wade Eason Title of person executing Affidavit Applicant & President T 1, 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: • 0 APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT �t . t w e hereby grant to"me Department or its appointed representatives the right oz 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: Bobby Ray Lee (Title, if applicable) Company (if anal i r a l�l sal Address: 2387 Thompson Road Four Oaks NC 27524 Telephone: (919) 894-4971 Date Signed: APPLICANT: Signature:* Print Name: Wade Eason Title: President Company: Matthew Sand & Gravel. Inc Mine Name: Matthew Pit #4 Telephone: (919 ) 934-9941 Date Signed: 22. *Signature must be the same as the individual who signed Page 1 of this application. One oris<inal and five (5) conies of the completed application, six (6) copies of all location mans. mine maps and reclamation maps, and the appropriate processing -fee (see next page for fee schedule) 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) 733-4574. APPLICATION FOR A MUNIOPERMIT 0 MINING FEE SCHEDULE A nonrefundable permit application processing fee when tiling for a new mining permit, a major permit modification or a renewal permit is required as follows: New Permit Applications Pwri-r,it A/fnrji�r+�tinne 1 Vll�lll A.7AVµi11Vµ4AV11U Permit Renewals Transfers/Minor Modifications* 0-25 acres 26+acres $35750.00 $500.00 IZ'7�n nn t I Ann nn W I ✓v.VV 4J1,V"W.VV $750.00 $1,000.00 $100.00 $100.00 * A nonrefundable 5100.00 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 (hat 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- u 0 ]P.-lVcTw-P--P-RwcT Nl-.m JL .1 \ 1L 1. I Nl-J CALCULATIONS SKIMMER BASINS 1 & 2 ARE THE SAME Skimmer Basin OKAY 6.76 Disturbed Area (Acres) 10.49 Peak Flow from 10-year Storm (cfs) 12168 Required Volume ft3 3409 Required Surface Area f 41.3 Suggested Width ft 82.6 Suggested Length It 50 Trial Top Width at Spillway Invert ft 100 Tdal Top Length at Spillway Invert ft 2 Trial Side Slope Ratio Z:1 3 Trial Depth It (2 to 3.5 feet above grade) 38 Bottom Width ft 88 Bottom Length ft 3344 Bottom Area ft2 12444 Actual Volume ft' OKAY 5000 Actual Surface Area ft OKAY Trial Weir Length ft 0.5 Trial Depth of Flow ft 10.6 Spillway Capacity cfs OKAY ®Skimmer Size (inches) 0.333 Head on Skimmer (feet) NJIMorifice Size (im inch increments) 7 oR na ntprinn Temp rdaysl Suggest about 3 days oj�l�4�,0 ca tC `G Gr Ire ram` A/ _ a o Table 8.03a Value of Runoff Coefflcletd (C) for Rational Formula 0 Land Use C Land Use C Business: __ __ Lawns: Downtown areas '- 0.70495� Sandy soil, flat, 2% 0.05-0.10 Nalghborhood areas 0.50-0.70 Sandy soil, ave., 2.7% 0.10-0.15 _._. Sandy soil, steep, 7% 0.15.0.20 Residential: . Heavy soil, flat, 2% 0.13-0.17 Single-family areas 0,30-0.50 Heavy soil, ave., 2.7% 0.18.0.22 Multi units, detached 0.40-0.60 Heavy soil, steep, 7% 0.25-0.35 Mufti units, attached 0.60-0.75 Suburban 0.25-0.40 Agricultural land: Bare packed soil Industrial: Smooth 0.30-0.60 Lightareas 0.50.0.80 Rough 0.20-0.50 Heavy areas 0.60-0.90 Cultivated news Heavy sail no crop 0.30-0.60 Parks, cemeteries 0.10-0.25 Heavy soil with crop 0.20-0.50 Sandy sail no crop 020-07.40 playgrounds 0.20-0.35 Sandy soil with crop 0.10-0.25 Pasture Railroad yard areas 0.20-0.40 Heavy soil 0.15-0.45 Sandy soil- 0.05-0.25 Unimproved areas 0.10.0.30 Woodlands 0.05-0.25 Streets: Asphalt 0.70-0.95 Concrete 0.80-0.95 Brick 0.70-0.85 Drives and walks 0,75-0.85 Roots 0.75-0.85 NOTE: The designer must use judgment to select the appropriate C value whhin the range for the appropriate land use. Generally, larger areas with permeable soils, flat slopes, and dense vegetation should have lowest C values. Smaller areas with slowly permeable soils, steep slopes, and sparse vegetation should be assigned highest C values. Source: American Society of Civil Engineers The overland flow portion of flow time may be determined from Figure 8.03a. The flow time (in minutes) in the channel can be estimated by calculating the average velocity in feet per minute and dividing the length (in feet) by the average velocity. Step 4. Demmune the rainfall intensity, frequency, and duration (Figures fil through 8.03g—source: North Carolina State Highway Commission; Jan. 1973). Select the chart for the locality closest to your location. Enter the "duration' axis of the chart with the calculated time of concentration, To. Move vertically until you intersect the curve of the appropriate design storm, then move horizontally to read the rainfall intensity factor, i, in inches per how. Step S. Determine peak discharge, O fils/sec), by multiplying the previously determined factors using the rational formula (Sample Problem 8.03a). a�sR�pi �- ZS 8.03.2 IJ i s 3 <r i ~ 1 (/ f � � G/ �� ri tom+-� ��I Ca► C r 15 <- F t -ice Lt C 5 R� �r W- �-=f : 73 I f � Zr �F7 � r i 154 ��� Soil Survey TABLE i5.- :8:92CA1. AtC` T\ ;AL PROMOTIVE OF THE SOME (The symbol < moans less than; > mean re than. Ertf under 'Broeica facture--T" apply to the entire profile. Entries under "Organic more matter" apply only 0 the surface layer. Absence of an entry indicates that data were not available or were mat matimatea) I I I I I I I Erosion I Soil name,and IOepthl Clay I Moist (Permeability Availablal Soil IShrink-awell I facture I Organic map symbol I 1 I bulk I I water Ireachioal potential I 1 matter --- --1 0-111 BOB------ 10-20 11.30-1.501 2.0-6.0 J 10.12-0.2013.IE-6.5 I IILw----------10.241 I I 5 1 .5-3 Altavista 111-911 18-35 11.30-1.501 0^ 6-2 0-- 10.12-0.2013. 6-6.0 ILow ---------- 10.241 1 v6-I I ___ I ___ I ___ 1 __ I __ I ------------- I ----I I I AI I 1 I 1 I i I 1 I I I I I I l " Appinq---------I 0-611 5-60 11.25-1.451 10.25-0.1314.3-5.5 Ilex- 10.281 4 1 .52 IID-fill 35-50 11.25-1.451 0.6-2.0 0.6-2.0 10.15-0.1614.5-5.5 IL-----------10. 281 1 20-50 11.25-1. 451 0.--2.0 I0. 12-0.1614. 5-5.5 ILw----------I----I I 106-991 ------------------ I 1 I I I I I I I 1 vaxlburo-------- 1 0-8 1 5-20 11.30-1.601 2.0-6.0 10,09-0-1414.5-6.5 ILw---------- 10.201 5 1 .5-2 1 8-491 35-65 11,20-1.501 0.6-2.0 10.14-0.1814.5-6.0 ILow---------- 10.201 1 148ACI 30-60 11.20-1. 501 0.6-2.0 10.12-0.1814.5-6.0 ILow- --------- 10.201 1 I 1 I I I I I I I I ASA-------------- 1 0-111 5-20 11.40-11701 2.0-6.0 10.10-0.1514.5-6.0 Lw---------- 10.201 4 1 .5-2 Augusta 111-431 20-35 11.35-1.601 0.6-2.0 10.12-0.1814.5-6.0 ILow ---------- 10.241 1 143-601 ___ I _-_ 1 0.6-20.0 1 ___ I ___ I_____________ I____ I I I AVA-------------- 1 0-221 2-10 I 11.60-1.701 I >6.0 I 10.04-0.0914.5-6.5 I I I low ---------- 10.101 I I 5 1 .5-1 Autsyvllle 122-311 10-25 11.40-1.601 2.0-6.0 10.08-0.1314.5-5.5 ILow---------- 10.101 1 131-501 2-8 11.60-1.301 >6.0 10.03-0.0916.5-5.5 Low, ------- 10.101 1 158-701 10-35 11.40-1.601 0-6-2.0 10.10-0.1514.5-5.5 ILow---------- IO.it1 I I I I 1 I I I I Bb--------------- 1 0-231 2-18 11.25-1.551 0.6-2.a 10.12-0-1814.5-5.5 row ---------- 10.201 5 1 .5-2 Bibb 123-601 1 2-18 11.30-1.601 0.6-2.0 10.12-0.2014.5-5.5 ILw---------- 10.371 1 1 ArA -------------- 1 0-521 1-0 1 11. 30-1.601 1 6.0-20 1 10.03-0.0114.5-6.0 1 1 1 Low ---------- 10.101 1 1 9 1 .5-1 Blanton 152-971 1 12-40 11.60-1.001 0.2-2.0 10.10-0.1514.5-5.5 low ---------- 10.201 1 1 BOA -------------- 1 0-281 2-8 1 11.30-1.301 1 6.0-20 1 10.04-0.0814.5-6.0 1 I I ILow ---------- 10.101 1 I 5 1 .5-2 Bonwau 128-531 13-35 11.40-1.601 0.6-2.0 10.10-0-1314.5-5.5 15w---------- 10.201 1 153-011 15-40 11.40-1.601 0.6-2.0 10.10-0-1614.5-5.5 ILow---------- 10.201 1 I 1 COB -------------- 1 0-9 1 5-20 I 11.30-1.501 I 2.0-6.0 1 10.12-0.1514.5-6.5 I I I ILow ---------- 10.281 I I 4 1 .5-2 Cecil 1 9-721 35-30 11.30-1.501 0.6-2.0 10.13-0-1514.5-5.5 ILow---------- 10.281 1 1 1 CUD -------------- 1 0-151 5-20 1 11,30-1.501 1 2.0-6.0 1 10.12-0.1414.5-6.5 1 1 1 Ilw---------- 10.281 1 1 4 1 .5-2 Cecil 115-521 35-70 11.30-1.501 0.6-2.0 10.13-0.3514.5-5.5 (Low ---------- 10.2B1 1 152-601 ___ I ___ I ___ 1 ___ I ___ I_____________ I____ I I 1 I ca--------------- i 0-6 1 10-35 I 11.30-1.601 I 0.6-2.0 I 1,0.15-0.2414.5-6.5 I I I [Low ---------- 10.281 I I 5 1 1-4 Chawacle 16-321 18-35 11.30-1.601 0.6-2.0 10.12-0.2014.5-6.5 lice ---------- 10-2B1 1 132-441 18-35 11.30-1.501 0.6-2.0 1015-0-2414.5-3.9 ILw----------10.321 1 144-601 I ___ I I ___ I ___ 1 ___ I ___ I_____________ I____ I I I COB, CoC--------- 1 0-6 1 3-10 11.30-1.701 I 2-0-6.0 1 10.06-0.1014.5-5.5 I I I lice ---------- 10.151 I I 4 1 <1 Cwarts 1 6-341 25-40 11.30-1.501 0.2-2.0 10.10-0.1614.5-5.5 ILw---------- 16,2BI I 134-691 18-35 11,45-1.051 0.06-0.6 10.10-0.1414.5-5.5 low, --------- _10.241 1 1 1 DOA -------------- 1 0-101 5-10 1 11.35-1.501 1 2-0-6.0 1 10.08-0.1513.6-5.5 1 1 1 Ilow ---------- 10.281 1 1 5 1 .5-1 Dove 110-551 35-50 11.45-1.601 0.2-0.6 10.12-0.1913.6-5.5 (Moderate ----- 10.281 1 155-751 5-30 11.30-1.501 0.6-6.0 10.05-0.1413.E-5.5 ILow ---------- 10.111 1 I 1 I 1 1 1 I I I I Fah -------------- 1 0-131 5-20 11.40-2.651 6.0-20 10.06-0.0914.5-5.5 ILow ---------- 10.2e1 5 1 .5-2 8acavilla 113-01 I I 35-55 11.25-1.601 1 I 0.6-2.0 10.12-0.1814.5-6.0 I (low ---------- 10.301 I I Bee footnote at end of table. Permit No. NCG0200n0 and process areas. Analytical monitoring for stormwater discharges shall be performed for parameters as specified in Tables 1 through 3. All analytical monitoring shall be performed during a representative storm event as defined below. Monitoring Exemption Analytical monitoring is not required for any basin or pond designed to contain the 25-year, 24- hour storm (see Part VI I, Definitions) without discharging, and that can regain capacity to hold such an event within five (5) days' time through means other than discharge to surface waters. A basin or pond that meets this provision is considered a non -discharging stormwater control. Table 1. Analytical Monitoring Requirements for Smr awater Discharges from Mining Activities Discharge Characteristics Units Measurement Fre uen 1 Sample e2 Sample LSa tion3 Total Suspended Solids m I Semi-annual Grab SDO Turbidiry4 NTU Semi-annual Grab SDO,or U,D4 Event Durations minutes 1 Semi-annual Estimate Total Flow6 -I MG I Semi-annual Estimate SDO Footnotes: 1. Measurement Frequency: Twice per year during a representative storm even4 as defined for 2. Grab samples shall be collected within the first 30 minutes of discharge. For sites where multiple outfalls are separated by distances that preclude collection within 30 minutes of each discharge event is not feasible, begin collection procedures within 30 minutes and continue until all outialls with discharges are sampled. Documentation explaining why it was not possible to take samples within the first 30 minutes must be kept in the SPPP. 3. Sample Location: Samples shall be collected at each stormwater discharge outfall(SDO) unless representative outfall status (ROS) has been granted and documented by the Division of Water Quality. A copy of the letter granting ROS shall be kept on site. 4. Turbidity maybe monitored at the Stormwater Discharge Outfall. Alternatively, the permittee may Choose to monitor turbidity in the receiving water, directly upstream and downstream of the. stormwater discharge outfall(s). S. For each sampled representative storm event thetotal precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. 6. Total flow shall be:(n] measured continuously, or (b) calculated based on the amount of area draining to the outfall, the amount of impervious area, and the total amount of rainfall, or (c) estimated by the measurement of Flow at 20 minute intervals during the rainfall event Total rainfall precipitation and duration of the rainfall event refers to the representative storm event sampled. All analytical monitoring shall be performed during a representative storm event at sash stormwater discharge outfall (SDO). The permit allows the permittee to monitor turbidity at the SDO orup- and downstream of the SDO; however, the permittee should consider regular turbidity sampling up -and downstream of the discharge(s) when feasible to ensure compliance with water quality standards. 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